CELEX: C2002/109/90
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court of First Instance of 23 January 2002 in Case T-237/00 Patrick Reynolds v European Parliament (Officials — Secondment in the interests of the service — Article 38 of the Staff Regulations Po — litical group — Early termination of secondment — Rights of the defence — Non-contractual liability of the Community)

4.5.2002                EN                     Official Journal of the European Communities                                          C 109/45
P. Mengozzi, President, V. Tiili and R.M. Moura Ramos, Judges;            composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
J. Plingers, Administrator, Registrar, has given a judgment on            Judges; J. Plingers, administrator, for the Registrar, gave a
7 February 2002, in which it:                                             judgment on 23 January 2002, in which it:
                                                                          1.   Annuls the decision of 18 July 2000 of the Secretary-General
1.    Annuls the Council’s decision of 5 June 2000 refusing the
                                                                               of the Parliament terminating the applicant’s secondment in the
      applicant access to certain reports drawn up by the Centre for
                                                                               interests of the service to the political group EDD and
      Information, Discussion and Exchange on Asylum, to certain
                                                                               reinstating him in the Directorate-General for Information and
      reports of joint missions or reports of missions undertaken by
                                                                               Public relations with effect from 15 July 2000;
      Member States sent to the Centre, and to information contained
      in the list of persons responsible in the Member States for
                                                                          2.   Orders the Parliament to pay the applicant a sum corresponding
      asylum applications to which access is permitted in certain
                                                                               to the difference between the remuneration which he should
      Member States, with the exception of those persons’ telephone
      and fax numbers;                                                         have received as an official on secondment in Grade A2, Step 1,
                                                                               and that which he received following his reinstatement in
                                                                               Grade LA5, Step 3, for the period 15 July 2000 to
2.    Orders the Council to pay the applicant’s costs and to bear its          30 November 2000, plus default interest at the rate of 5,25 %
      own costs.                                                               from the date on which the amounts making up the sum
                                                                               referred to in paragraph 149 were payable until the date of
                                                                               actual payment;
(1) OJ C 316 of 4.11.2000.
                                                                          3.   Declares the action for damages inadmissible in so far as the
                                                                               applicant seeks compensation for the harm caused by the
                                                                               conduct, not involving the taking of decisions, of the EDD
                                                                               group and certain of its members;
                                                                          4.   Orders the Parliament to pay the applicant the sum of 1 euro
                                                                               by way of symbolic damages for the non-pecuniary harm
                                                                               sustained as a result of the adoption of the contested decision;
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               5.   Orders the Parliament to pay all the costs of the main
                                                                               proceedings;
                        of 23 January 2002
                                                                          6.   Orders the parties to bear their own costs in the interlocutory
                                                                               proceedings.
in Case T-237/00 Patrick Reynolds v European Parlia-
                               ment (1)
                                                                          (1) OJ C 302, 21.10.2000.
(Officials — Secondment in the interests of the service —
Article 38 of the Staff Regulations Po — litical group —
Early termination of secondment — Rights of the defence —
         Non-contractual liability of the Community)
                         (2002/C 109/90)                                        ORDER OF THE COURT OF FIRST INSTANCE
                    (Language of the case: French)                                             of 11 December 2001
                                                                          in Case T-99/97: Willem Stols v Council of the European
                                                                                                        Union (1)
In Case T-237/00: Patrick Reynolds, an official of the European
Parliament, residing in Brussels, represented by P. Legros                (Officials — Application for reclassification in grade —
and S. Rodrigues, lawyers, with an address for service in                 Objection of inadmissibility — Material new fact —
Luxembourg, against European Parliament (Agents: H. von                                              Admissibility)
Hertzen and D. Moore) — application for, first, annulment of
the decision of 18 July 2000 of the Secretary-General of the
Parliament terminating the applicant’s secondment in the                                           (2002/C 109/91)
interests of the service to the political group ‘Europe of
Democracies and Diversities’ and reinstating him in the                                      (Language of the case: French)
directorate-General for Information and public Relations and,
second, damages in respect of the harm sustained by the
applicant as a result of the adoption of that decision by the
defendant and of the acts of the political group and certain of           In Case T-99/97: Willem Stols, an official of the Council of the
its members — the Court of First Instance (Third Chamber),                European Union, residing at SE Halsteren (Netherlands),