CELEX: C1996/247/27
Language: en
Date: 1996-08-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 11 July 1996 in Case T-587/93: Elena Ortega Urretavizcaya v. Commission of the European Communities (Officials - Member of the temporary staff - Offer - Temporary staff contract - Alteration of grade and duties - Legitimate expectations)

24 . 8 . 96             EN                    Official Journal of the European Communities                                No C 247/ 13
European Communities, represented in Case T-528/93 ,                      JUDGMENT OF THE COURT OF FIRST INSTANCE
initially by Berend Jan Drijber, of its Legal Service , and                                          of 11 July 1996
Géraud de Bergues, subsequently by Mr Drijber alone, in
Case T-542/93 , by Berend Jan Drijber, assisted by Alberto                      in Case T-587/93 : Elena Ortega Urretavizcaya v.
Dal Ferro, in Cases T-543/93 and T-546/93 , by Berend Jan                          Commission of the European Communities ( )
Drijber and Francisco Enrique Gonzalez Diaz, and , at the                 (Officials — Member of the temporary staff — Offer —
hearing, by Guy Charrier, supported in Case T-528/93                      Temporary staff contract — Alteration ofgrade and duties
by European Broadcasting Union , based in Geneva                                             — Legitimate expectations)
( Switzerland ), represented by Hanns Ullrich , a university                                          ( 96/C 247/27 )
professor in Munich , with an address for service in
Luxembourg at the Chambers of Jean Welter, 100
Boulevard de la Pétrusse, in Case T-542/93 by                                             (Language of the case: Spanish)
Radiotelevisione Italiana SpA ( RAI ), established in Rome,
represented by Patrizia Ferrara Ginsburg, of the
Luxembourg Bar, Alessandro Pace and Gian Luigi Tosato,                   In Case T-587/93 : Elena Ortega Urretavizcaya , a member of
of the Rome Bar, with an address for service in Luxembourg               the temporary staff of the Commission of the European
at the Chambers of Patrizia Ferrara Ginsburg, 31 Avenue                  Communities , residing in Brussels, represented by Antonio
Guillaume, and in Cases T-543/93 and T-546/93 by                         Creus, of the Barcelona Bar, and Bonifacio Garcia Porras, of
Radiotelevisión Española ( RTVE ), established in Madrid,                the Salamanca Bar, at the Chambers of Messrs Cuatrecasas,
represented initially by Alfredo Sanchez-Bella Carswell ,                78 Avenue d'Auderghem , Brussels , v. the Commission of the
Rafael Aldama Caso and Jose Rivas Andres, of the Madrid                  European Communities ( Agents : Ana Maria Alves Vieira
Bar, subsequently by Rafael Aldama Caso and Jose Rivas                   and Francisco Enrique Gonzalez Diaz ) — application for,
Andres, with an address for service in Luxembourg at the                 first, the annulment of the decision as to grading contained
Chambers of Jean Welter, 100 Boulevard de la Pétrusse —                  in Articles 2 and 3 of applicant's temporary staff contract
application for annulment of Commission Decision                         and, second , for compensation , — the Court of First
93/403/EEC of 11 June 1993 relating to a proceeding                      Instance ( Fifth Chamber ), composed of R. Schintgen ,
pursuant to Article 85 of the EEC Treaty ( IV/32.150 —                   President, R. García-Valdecasas and J. Azizi , Judges ; B.
EBU/Eurovision System, OJ No I. 179, 1993 , p. 23 ) — the                Pastor, Principal Administrator, for the Registrar, has given
Court of First Instance of the European Communities ( First              a judgment on 11 July 1996 in which it :
Chamber, Extended Composition ), composed of: A. Saggio,
President, H. Kirschner, A. Kalogeropoulos, V. Tiili and
                                                                         1 . dismisses the action as inadmissible in so far as it
R. M. Moura Ramos, Judges; Registrar, J. Palacio Gonzalez,
                                                                               requests the Court to order the defendant to adopt a new
Administrator, has given a judgment in which it:                               decision ;
1 . annuls Commission Decision 93/403/EEC of 1 1 June
     1993 relating to a proceeding pursuant to Article 85 of             2 . annuls the defendant 's decision as to grading, as
     the EEC Treaty (IV/32A 50 — EBU/Eurovision                                provided for in the contract of employment;
     System);
                                                                         3 . sets the amount to be paid to the applicant by way of
2 . orders the Commission to bear its own costs and to pay                     compensation as the difference between, on the one
     the costs incurred by the applicants and those incurred                   hand, the net salary which she would have received ifshe
     by the intervener Sociedade Independente de                               had been placed as from 1 March 1 993 in grade 3 , with
     Comunicação SA ;                                                          the step fixed in accordance with the grade in
                                                                               administration decision , multiplied by the number of
                                                                               months between the date on which the contested
3 . orders Reti Televisive Italiane SpA to bear the costs                      decision was adopted and the date of delivery of this
     incurred by it in connection with the intervention of                     judgment, taking into account the automatic advances
     Radiotelevisione Italiana SpA ; orders Gestevisión                        in step for which she would have qualified and, on the
     Telecinco SA and Antena 3 de Television to bear the
                                                                               other hand, the salary which she actually received;
     costs respectively incurred by them in connection with
     the interventions of Radiotelevisión Española;
                                                                         4 . adds to the amount referred to at point (3) above interest
4 . orders the intervener European Broadcasting Union to                       at 8 % as from 23 December 1 993 until payment;
     bear its own costs and to pay the costs incurred by the
     applicant Métropole Television SA in connection with                5 . dismisses the claim for compensation for non-material
     its intervention; orders the interveners Radiotelevisione                 damage;
     Italiana SpA and Radiotelevisión Española to bear their
     own costs .
                                                                         6 . orders the defendant to pay all the costs.
(>) OJ No C 306 , 12 . 11 . 1 993 ; OJ No C 328 , 4 . 12 . 1993 ; and OJ
    No C 325 , 2 . 12 . 1993 .                                           f 1 ) O I No C 43 , 12 . 2 . 1994 .