CELEX: C1995/189/33
Language: en
Date: 1995-07-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 8 June 1995 in Case T-583/93: P v. Commission of the European Communities (Officials - Decision compulsorily reassigning the applicant to a post entailing, in particular, loss of the allowance provided for by Article 56a of the Staff Regulations - Duty to provide a statement of reasons)

No C 189/16         HEN                    Official Journal of the European Communities                                   22 . 7. 95
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  ORDER OF THE COURT OF FIRST INSTANCE
                          of 8 June 1995                                                       of 11 May 1995
in Case T-583/93 : P v. Commission of the European                    in Case T-5 69/93 ; Andrew Macrae Moat v. Commission of
                         Communities i 1 )                                            the European Communities C )
(Officials — Decision compulsorily reassigning the                                             (Inadmissibility)
applicant to a post entailing, in particular, loss of the                                        ( 95/C 189/34
allowance provided for by Article 56a of the Staff
  Regulations — Duty to provide a statement of reasons)                              (Language of the case: English)
                           ( 95/C 189/33 )
                                                                      In Case T-569/93 , Andrew Macrae Moat, official of the
                                                                      Commission of the European Communities, represented by
                                                                      Luc Govaert, of the Brussels Bar, with an address for service
                (Language of the case: French)                        in Luxembourg at the Chambers of Lucy Dupong, 14a Rue
                                                                      des Bains v. Commission of the European Communities
                                                                      ( Agent: Thomas F. Cusak ) — application for the annulment
In Case T-583/93 : P, an official of the Commission, residing         of various appointments and promotions which occurred
in Barasso ( Italy ), represented by Eric Boigelot, of the            before 1991 and for compensation for the harm allegedly
Brussels Bar, with an address for service in Luxembourg at            suffered by the applicant — the Court of First Instance
the Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim v.            ( Fourth Chamber ), composed of: K. Lenaerts, President, R.
Commission of the European Communities (Agents : Ana                  Schintgen and R. Garci'a-Valdecasas, Judges; Registrar: H.
Maria Alves Vieira and Alberto Dal Ferro ) — application              Jung; made an order on 11 May 1995 the operative part of
                                                                      which is as follows :
for the annulment of a decision compulsorily reassigning the
applicant to a post and for compensation for the financial
loss which that decision would have caused — the Court of             1 , the application is dismissed as inadmissible;
First Instance ( Second Chamber), composed of B.
Vesterdorf, President, and D. P. M. Barrington and A.                 2 , the parties are to bear their own costs.
Saggio, Judges; J. Palacio Gonzalez, Administrator, for the
Registrar, has given a judgment on 8 June 1995 , in which             (') OJ No C 18 , 21 . 1 . 1994 .
it:
1 , annuls the decision contained in the memorandum sent
     to the applicant on 22 February 1 993 by Mr A;                                 ORDER OF THE PRESIDENT
                                                                               OF THE COURT OF FIRST INSTANCE
                                                                                               of 12 May 1995
                                                                      in Cases T-79/95 R and T-80/95 R, Société Nationale des
2 , orders the Commission to pay to the applicant the sum
                                                                      Chemins de Fer Français and British Railways Board v.
     of Lit 2 000 000 by way of damages for the loss of the
                                                                               Commission of the European Communities
     right to use a free transport facility;
                                                                                                 ( 95/C 189/35 )
                                                                              (Languages of the case: French and English)
3 , orders the Commission to pay to the applicant the sums
     which he would have received as shiftwork allowances             In Cases T-79/95 R and T-80/95 R, Société Nationale des
    from 1 March 1993 until the adoption of a decision                Chemins de Fer Français, whose registered office is in Paris,
     regularizing his position, together with default interest        represented by Barbara Rapp-Jung and Nathalie Flandin, of
     thereon at the annual rate of 8 % from 1 8 May 1 993 . In        the Brussels Bar, with an address for service in Luxembourg
     the event that the parties are unable to agree the amount        at the Chambers of Victor Elvinger, 31 Rue d'Eich, and
     of that loss within three months, they are to send to the        British Railways Board, whose registered office is in
     Court the figures they propose;                                  London, represented by Thomas Sharpe QC of the Bar of
                                                                      England and Wales, instructed by Alexandre Nourry,
                                                                      Solicitor, with an address for service in Luxembourg at the
                                                                      Chambers of Jean Hoss, 15 Côte d'Eich v. Commission of
4 , orders the Commission to pay its own costs.                       the European Communities (Agents : Francisco Gonzalez
                                                                      Diaz and Géraud de Bergues in Case T-79/95 R and Carmel
                                                                      O'Reilly, Francisco Gonzalez Diaz and Géraud de Bergues
(') OJ No C 43 , 12 . 2 . 1994 .                                      in Case T-80/95 R ) — applications for the suspension of
                                                                      operation of Article 2A of Commission Decision 94/894/EC
                                                                      of 13 December 1994 relating to a proceeding under
                                                                      Article 85 of the EC Treaty and Article 53 of the EEA
                                                                      Agreement ( IV/32.490 — Eurotunnel ) i 1 ) in so far as it
                                                                      attaches certain conditions to the exemption provided for in