CELEX: C1997/212/49
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 28 May 1997 in Case T-59/96: Jean-Louis Burban v. European Parliament (Officials - Delay in drawing up staff reports - Action for damages - Admissibility - Maladministration - Loss)

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