CELEX: C1996/077/40
Language: en
Date: 1996-03-16 00:00:00
Title: Removal from the register of Case T-106/92

16 . 3 . 96           EN                  Official Journal of the European Communities                                      No C 77/ 19
The applicant claims that the Court should :                          that such promotion was justified by his qualifications and
                                                                      situation, and that this has undeniably caused him to suffer
— annul the definitive staff report for the period from               material and non-material damage .
      1 July 1991 to 30 June 1993 , dated 6 November 1995 ,
     which was notified to the applicant on 9 November                (') Case T-161 /95 ( OJ No C 268 , 14 . 10 . 1995 , p . 27 ).
      1995 ,
— award the sum of Bfr 250 000, to be increased or
     decreased as appropriate during the course of the
     proceedings, as compensation for the material damage                   Removal from the register of Case T-106/92 (')
     suffered by the applicant in consequence of his having
     been denied any chance of promotion,                                                         ( 96/C 77/40 )
— award the sum of Bfr 75 000, to be increased or                                    (Language of the case: French)
     decreased as appropriate during the course of the
     proceedings, as compensation for the non-material                By order of 25 January 1996 the President of the Second
     damage suffered by the applicant,                                Chamber of the Court of First Instance of the European
                                                                      Communities ordered the removal from the register of Case
— order the Council to pay all of the costs.                          T- 106/92 : Erik Dan Frederiksen v. European Parliament.
Pleas in law and main arguments:                                      (') OJ No C 34 , 6 . 2 . 1993 .
The applicant states that he did not agree with the initial
version of his staff report for 1991 /1993 , and that this
prompted him, after he had taken certain internal steps, to
bring an action before the Court of First Instance ( 1 ). The
defendant then drew up a fresh report covering the same                     Removal from the register of Case T- 1 97/94 ( J )
period . That definitive report is contested by the applicant in                                 ( 96/C 77/41 )
the present case .
                                                                                    (Language of the case: German)
The applicant pleads, first, infringement of Article 43 of the
Staff Regulations of officials and of the guide to staff              By order of 31 January 1996 the President of the Third
reports, which provide for a periodical report to be drawn            Chamber ( Extended Composition ) of the Court of First
up at least once every two years; he maintains that the first         Instance of the European Communities ordered the removal
report was communicated to him over 15 months late, and               from the register of Case T-197/94 : Scholler Lebensmittel
the second nearly two years late . In consequence of the              GmbH & Co . KG v. Commission of the European
delay, it was only possible, at meetings of the promotion             Communities .
committee, to assess the applicant on the basis of the report
drawn up in relation to him at the expiry of his probationary         (') OJ No C 188 , 9 . 7 . 1994 .
period . In his view, it may reasonably be concluded that, if
the staff report had been drawn up in good time, that would
have greatly ameliorated his professional situation .
The applicant also maintains that the procedure followed                    Removal from the register of Case T-92/95 ( ! )
was irregular, inasmuch as it is apparent from an
examination of the two reports that they were signed by the                                      ( 96/C 77/42 )
first and second assessors before being signed by the
applicant, despite the fact that the guide to staff reports                          (Language of the case: Italian)
provides for the report to be signed by the second assessor
after the official concerned has been given an opportunity of        By order of 29 January 1996 the President of the Second
making comments or remarks thereon and, where                         Chamber of the Court of First Instance of the European
appropriate, of requesting a discussion or exchange of views          Communities ordered the removal from the register of Case
with the second assessor.                                            T-92/95 : Tiziano Boggian v. Commission of the European
                                                                     Communities .
Lastly, the applicant states that those irregularities have
deprived him of any chance of promotion, despite the fact             (') OJ No C 159 , 24 . 6 . 1995 .