CELEX: C1997/212/48
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) of 15 May 1997 in Case T-273/94: N v. Commission of the European Communities (Officials - Duty to act in good faith - Official suspected of conduct inconsistent with the dignity of his office - Official's cooperation in good faith with the investigation - Lacking - Disciplinary proceedings - Removal from post)

12 . 7. 97                EN                  Official Journal of the European Communities                               No C 212/25
was allocated, by Regulation ( EC ) No 390/97, 38 886                              Removal from the register of C-40/95 (')
tonnes, which is 1 139 tonnes less than the quantity                                                 ( 97/C 212/46 )
provided for by the Act of Accession.
                                                                         By order of 3 February 1997 the President of the Court of
( 1 ) Council Regulation (EC ) No 390/97 of 20 December 1996             Justice of the European Communities has ordered the
      fixing, for certain fish stocks and groups of fish stocks, the     removal from the register of Case C-40/95 ( reference for a
      total allowable catches for 1997 and certain conditions under      preliminary ruling from the VAT and Duties Tribunal,
      which they may be fished ( OJ No L 66, 6. 3 . 1997, p. 1 ).        London ): Conoco Ltd v. Commissioners of Customs and
( 2 ) OJNoL 1 , 1 . 1 . 1995 , p . 1 .                                   Excise .
                                                                         (') OJ No C 119, 13 . 5 . 1995 ,
                                                                             OJ No C 31 , 3 . 2 . 1996 .
                                                        COURT OF FIRST INSTANCE
Decisions adopted by the Court of First Instance at its                       the President of the Court of First Instance designates
                 plenary conference on 5 June 1997                            the Judge who will not take part in the judgment of
                             ( 97/C 212/47)                                   the case, will be in the reverse order of precedence of
                                                                              those Judges based, in accordance with Article 6 of the
                                                                              Rules of Procedure, on their seniority in office, save
 1 . Composition of the First Chamber, Extended                               where the Judge thus designated is the Judge­
        Composition, of the Second Chamber and of the                         Rapporteur. In the latter case, the Judge immediately
        Second Chamber, Extended Composition —                                senior to him is to be designated .
        Assignment of Judges to Chambers
        In the light of the decision of the Governments of the
        Member States of 29 May 1997 appointing Karl Joerg
        Pirrung a Member of the Court of First Instance
        following the death of Judge Heinrich Kirschner, the
        Court of First Instance decided at its plenary
        conference on 5 June 1997, in accordance with                       JUDGMENT OF THE COURT OF FIRST INSTANCE
        Article 10 of its Rules of Procedure, to modify the                                        (Fourth Chamber)
        composition of its Chambers, as decided on                                                  of 15 May 1997
        12 September 1996 ( OJ No C 294, 5 . 10 . 1996 , p. 10 ).
                                                                          in Case T-273/94: N v. Commission of the European
        For the period from 11 June 1997 to 30 September                                            Communities ( ] )
        1997, Judge Pirrung is assigned to the First Chamber,             (Officials — Duty to act in good faith — Official
        Extended Composition, the Second Chamber and the                  suspected of conduct inconsistent with the dignity of his
        Second Chamber, Extended Composition .                            office — Official's cooperation in good faith with the
                                                                          investigation — Lacking — Disciplinary proceedings —
        In cases where another Judge has been designated by                                       Removal from post)
        the President of the Court of First Instance, pursuant
        to Article 32 ( 3 ) of the Rules of Procedure, to                                              ( 97/C 212/48 )
        complete those Chambers in place of Judge Kirschner
         and the written procedure has been completed and a                               (Language of the case: French)
         hearing in the oral procedure has been held or fixed
         before 11 June 1996 , those Chambers shall continue              In Case T-273/94: N, a former official of the Commission
         to sit with that composition for the purposes of the              of the European Communities, residing in Brussels,
         oral procedure, deliberation and judgment.                        represented by Xavier Magnee, of the Brussels Bar, with
                                                                           an address for service in Luxembourg at the Chambers of
   2 . Plenary session                                                     Louis Schiltz, 2 Rue Fort Rheinsheim v. Commission of
                                                                           the European Communities ( Agents : Gianluigi Valsesia,
         At is plenary conference on 5 June 1997, the Court of             Ana Maria Alves Vieira and Denis Waelbroeck ) —
         First Instance decided, in accordance with the second             application for annulment of the Commission's decision of
         subparagraph of Article 32 ( 1 ) of its Rules of                  4 October 1993 removing the applicant from his post, and
         Procedure, that where, following the designation of an            a claim for damages — the Court of First Instance ( Fourth
         Advocate-General pursuant to Article 17 of the Rules              Chamber ), composed of K. Lenaerts, President, P. Lindh
         of Procedure , there is an even number of Judges of the           and J. D. Cooke, Judges; A. Mair, Administrator, for the
          Court of First Instance sitting in plenary session, the          Registrar, gave a judgment on 15 May 1997, the operative
          rota established in advance, in accordance with which            part of which is as follows:
 ---pagebreak--- No C 212/26            EN                   Official Journal of the European Communities                                     12 . 7 . 97
1 . The application is dismissed as inadmissible.                      Brussels,     represented     by    Jean-Noel  Louis,  Thierry
                                                                       Demaseure and Ariane Tornel, of the Brussels Bar, with an
2 . Each of the parties shall bear its own costs.                      address for service in Luxembourg at the offices of
                                                                       Fiduciaire Myson Sari, 1 Rue de Cessange, v. Council of
(') OJ No C 275 , 1 . 10 . 1994 .                                      the European Union ( Agents : Jean-Paul Jacqué and Denis
                                                                       Waelbroeck ) — application for annulment of the decision
                                                                       of the Secretary-General of the Council of 3 May 1995
                                                                       rejecting the applicant's application for a grade A 1 post
                                                                       in    the  Directorate-General       for Economic  and    Social
                                                                       Cohesion, Regional Policy, Social Policy, Employment,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              Social Dialogue, Education and Youth, Culture, and
                          of 28 May 1997                               Audiovisual Media ( DG J ), and of the decision of the
      in Case T-59/96: Jean-Louis Burban v. European                   Secretary-General of the Council of 7 November 1995
                           Parliament ( 1 )                            rejecting the applicant's complaint — the Court of First
                                                                       Instance ( Fifth Chamber ), composed of: R. García­
(Officials — Delay in drawing up staff reports — Action
                                                                       Valdecasas, President, and J. Azizi and M. Jaeger, Judges;
for damages — Admissibility — Maladministration —
                                                                       A. Mair, Administrator, for the Registrar, has given a
                                 Loss)
                                                                       judgment on 29 May 1997, in which it:
                           ( 97/C 212/49
               (Language of the case: French)                          1 . dismisses the application;
In Case T-59/96 : Jean-Louis Burban, an official of the                2 . orders the parties to bear their own costs.
European Parliament, residing in Paris, represented by
Jean-Pierre Spitzer, of the Paris Bar, with an address for             C ) OJ No C 77, 16 . 3 . 1996 .
service in Luxembourg at the Chambers of Aloyse May,
31 Grand-Rue, v. European Parliament ( Agents : Yannis
Pantalis, Francis Herbert and Daniel M. Tomasevic ) —
application for compensation for the material and non­
material damage suffered by the applicant as a result of
delay in the drawing up of his staff reports for the periods
1991 — 1992 and        1993— 1994 — the         Court of First            JUDGMENT OF THE COURT OF FIRST INSTANCE
Instance ( Fourth Chamber), composed of: K. Lenaerts,                                            of 3 June 1997
President, and P. Lindh and J. D. Cooke, Judges; J. Palacio
Gonzalez, Administrator, for the Registrar, has given a
                                                                       in Case T- 196/95 : H v. Commission of the European
                                                                                                Communities O
judgment on 28 May 1997, in which it:
                                                                        (Officials — Compulsory retirement — Establishment and
 1 . orders the Parliament to pay the applicant damages in              tasks of the Invalidity Committee — Articles 53 and 59
     the sum of Bfrs 200 000;                                           (2) of the Staff Regulations — Notification of the
                                                                                                      decision)
2 . orders the Parliament to pay all the costs.
                                                                                                  ( 97/C 212/51
 n OJ No C 180, 22 . 6 . 1996 .
                                                                                        (Language of the case: French)
                                                                        In Case T-l 96/95 : H, a former official of the Commission
                                                                        of the European Communities, residing in Brussels,
   JUDGMENT OF THE COURT OF FIRST INSTANCE                              represented initially by Pierre-Paul van Gehuchten and
                                                                       Jacques Sambon and subsequently by Lucette Defalque, of
                          of 29 May 1997                                the Brussels Bar, with an address for service in
 in Case T-6/96: Théistocle Contargyris v. Council of the               Luxembourg at the Chambers of Louis Schiltz, 2 Rue du
                       European Union (')                               Fort Rheinsheim, v. Commission of the European
 (Officials — Rejection of application for a post —                     Communities ( Agent: Ana Maria Alves Vieira ) —
 Article 19 (1) of the Council's rules of procedure —                   application for annulment of the Invalidity Committee 's
 Article 45 of the Staff Regulations — Power of the                     opinion of 13 September 1994, of the Commission's
 Secretary-General of the Council to adopt decisions                    decision of 27 September 1994 compulsorily retiring the
 rejecting an application for a post and a complaint —                  applicant and of the Commission's decision of 27 June
 Notice of vacancy — Manifest error of assessment —                      1995 rejecting the applicant's complaint against the
 Articles 7 and 27 of the Staff Regulations — Obligation to             former decision — the Court of First Instance (Third
     provide a statement of reasons — Misuse of powers)                 Chamber), composed of: B. Vesterdorf, President, C. P.
                                                                        Briët and A. Potocki, Judges; B. Pastor, Principal
                             97/ C 212/50
                                                                        Administrator, for the Registrar, has given a judgment on
                                                                         3 June 1997, in which it:
                (Language of the case: French)
 In Case T-6/96 : Théistocle Contargyris, a former official              1 . dismisses the application as inadmissible in so far as it
  of the Council of the European Union, residing in                           seeks annulment, first, of the decision of 27 June 1995