CELEX: C1998/041/43
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber) of 18 December 1997 in Case T-222/95: Antonio Angelini v. Commission of the European Communities (Officials - Change of place of employment - Return to the place of original employment - Installation allowance)

C 41/20              EN                   Official Journal of the European Communities                                      7.2.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Luxembourg care of Jean-Pascal Lange, 40 Rue de la Syre,
                        (First Chamber)                              Uebersyren, v. Commission of the European Communities
                                                                     (Agents: Julian Currall and Denis Waelbroeck) Ð
                    of 18 December 1997                              application, first, for annulment of the two decisions of
                                                                     the Commission published in Administrative Notices
in Case T-90/95: Walter Gill v. Commission of the
                                                                     Nos 852 of 2 September 1994 and 859 of 8 September
                  European Communities (1)
                                                                     1994, on the ground that the applicant's name was not
(Officials Ð Medical examinations Ð Failure to                       included in those notices on the list of officials considered
communicate information on state of health Ð Right to                the most deserving of promotion to Grade LA 4 in 1994
                keep his state of health secret)                     or on the list of officials actually promoted to grade LA 4
                                                                     in 1994, second, for annulment of the decision of the
                          (98/C 41/41)                               Commission of 3 April 1995 rejecting the applicant's
                                                                     complaint and, third, for an order requiring the defendant
               (Language of the case: French)                        to pay the sum of Bfrs 100 000 by way of compensation
                                                                     for the non-material damage suffered as a result of the
                                                                     irregularity of the promotion procedure Ð the Court of
In Case T-90/95: Walter Gill, former official of the                 First Instance (Fifth Chamber), composed of: R. García-
Commission of the European Communities, represented                  Valdecasas, President, and J. Azizi and M. Jaeger, Judges;
by Jean-NoeÈl Louis, Thierry Demaseure and Ariane                    J. Palacio GonzaÂlez, Administrator, for the Registrar, has
Tornel, of the Brussels Bar, with an address for service in          given a judgment on 18 December 1997, in which it:
Luxembourg at Fiduciaire Myson SARL, 30 Rue de
Cessange, against Commission of the European
Communities (Agents: Julian Curall and Jean-Luc Fagnart)             1. dismisses the action;
Ð application for reparation for the harm suffered by the
applicant as a result of the service-related fault allegedly
committed by the defendant's administration Ð the Court              2. orders the parties to bear their own costs.
of First Instance (First Chamber), composed of A. Saggio,
President, V. Tiili and R. M. Moura Ramos, Judges; H.
Jung, Registrar, gave a judgment on 18 December 1997,                (1) OJ C 248, 23.9.1995.
the operative part of which is as follows:
1. The application is dismissed.
2. Each party shall bear its own costs.
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
3. The applicant shall bear the costs of the expert.                                        (First Chamber)
                                                                                         of 18 December 1997
(1) OJ C 137, 3.6.1995.
                                                                     in Case T-222/95: Antonio Angelini v. Commission of the
                                                                                       European Communities (1)
                                                                     (Officials Ð Change of place of employment Ð Return to
                                                                     the place of original employment Ð Installation
                                                                                               allowance)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                                     (98/C 41/43)
                    of 18 December 1997
in Case T-142/95: Jean-Louis Delvaux v. Commission of                                (Language of the case: Italian)
                the European Communities (1)
(Officials Ð Promotion Ð Comparative examination of
the merits Ð Staff report Ð Statement of reasons Ð                   In Case T-222/95: Antonio Angelini, an official of the
Identical career conditions Ð Discrimination on grounds              Commission of the European Communities, posted to the
                         of nationality)                             Ispra establishment of the Joint Research Centre,
                                                                     represented by Giuseppe Marchesini, Avvocato with the
                          (98/C 41/42)                               right of audience before the Court of Cassation of the
                                                                     Italian Republic, with an address for service in
               (Language of the case: French)                        Luxembourg at the Chambers of Ernest Arendt, 8Ð10
                                                                     Rue Mathias Hardt, against Commission of the European
                                                                     Communities (Agent: Gianluigi Valsesia) Ð application
In Case T-142/95: Jean-Louis Delvaux, an official of the             for annulment of the decision of the Commission to refuse
Commission of the European Communities, residing at                  to pay to the applicant an installation allowance upon the
Rhode-Saint-GeneÁse (Belgium), represented by Nicolas                latter's return to his original place of employment, after a
LhoeÈst, of the Brussels Bar, with an address for service in         period of employment outwith his institution Ð the Court
 ---pagebreak--- 7.2.98                EN                  Official Journal of the European Communities                                     C 41/21
of First Instance (First Chamber), composed of A. Saggio,            2. The Commission is ordered to pay to the applicant the
President, V. Tiili and R. M. Moura Ramos, Judges; H.                    amount of the allowance provided for by Article 5(3)
Jung, Registrar, gave a judgment on 18 December 1997,                    of Annex VII to the Staff Regulations, together with
the operative part of which is as follows:                               interest at the rate of 8 % per annum as from the date
                                                                         of the application.
1. The decision of the Commission, communicated by
     note of 17 May 1995, denying payment to the                     3. The remainder of the application is dismissed.
     applicant of the installation allowance is annulled.
2. The Commission is ordered to pay to the applicant the             4. The Commission shall bear its own costs and one half
     amount of the allowance provided for in Article 5(3)                of the costs of the applicant. The applicant shall bear
     of Annex VII to the Staff Regulations, together with                one half of his own costs.
     interest at the rate of 8 % per annum as from the date
     of the application.                                             (1) OJ C 180, 22.6.1996.
3. The Commission shall bear its own expenses.
(1) OJ C 64, 2.3.1996.
                                                                     Action brought on 26 November 1997 by Alitalia against
                                                                            the Commission of the European Communities
                                                                                            (Case T-296/97)
                                                                                              (98/C 41/45)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                        (First Chamber)
                                                                                     (Language of the case: Italian)
                     of 18 December 1997
in Case T-57/96: Livio Costantini v. Commission of the
                   European Communities (1)                          An action against the Commission of the European
                                                                     Communities was brought before the Court of First
(Officials Ð Change of place of employment Ð Return to               Instance of the European Communities on 26 November
the place of original employment Ð Installation allowance            1997 by Alitalia, represented by Antonio Tizzano and
                Ð Daily subsistence allowance)                       Gian Michele Roberti, of the Naples Bar, Mario Siragusa,
                          (98/C 41/44)                               of the Rome Bar, Giuseppe Scassellati Sforzolini, of the
                                                                     Bologna Bar, Matteo Bay, of the Milan Bar, and Matteo
                                                                     Beretta, of the Bergamo Bar, with an address for service in
                 (Language of the case: Italian)                     Luxembourg at the Chambers of Elvinger Hoss &
                                                                     Prussen, 2 Place Winston Churchill.
In Case T-57/96: Livio Costantini, an official of the
Commission of the European Communities, posted to the                The applicant claims that the Court should:
establishment at Ispra of the Joint Research Centre,
represented by Giuseppe Marchesini, Avvocato with the
right of audience before the Court of Cassation of the               Ð annul in its entirety the Commission's decision of
Italian Republic, with an address for service in                         15 July 1997 relating to Alitalia's recapitalisation, or
Luxembourg at the Chambers of Ernest Arendt, 8Ð10
Rue Mathias Hardt, against Commission of the European
Communities (Agent: Gianluigi Valsesia) Ð application
                                                                     In the alternative:
for annulment of the decisions of the Commission refusing
to pay to the applicant an installation allowance and a
daily subsistence allowance upon the latter's return to his
original place of employment after a period of                       Ð annul the conditions for granting the aid referred to in
employment outwith his institution Ð the Court of First                  Article 1(2) to (8) of the Decision,
Instance (First Chamber), composed of A. Saggio,
President, V. Tiili and R. M. Moura Ramos, Judges; A.
Mair, Administrator, for the Registrar, gave a judgment on           Ð annul also the condition requiring Alitalia to bear the
18 December 1997, the operative part of which is as                      costs of the early retirement scheme provided for by
follows:                                                                 Decree Law No 546/1996,
1. The decision of the Commission refusing the applicant             Ð order the Commission to pay the costs incurred by
     payment of the installation allowance is annulled.                  Alitalia in the course of these proceedings.