CELEX: C1997/252/54
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 June 1997 in Case T-73/96: Miguel Forcat Icardo v. Commission of the European Communities (Officials - Assignment to a new post - Interests of the service - Misuse of powers)

16 . 8 . 97             EN                   Official Journal of the European Communities                               No C 252/25
3 . orders the parties, including the interveners, to bear                JUDGMENT OF THE COURT OF FIRST INSTANCE
     their own costs .
                                                                                                   of 19 June 1997
(') OJ No C 275 , 13 . 10 . 1993 .                                      in Case T-73/96: Miguel Forcat Icardo v. Commission of
                                                                                        the European Communities (')
                                                                        (Officials — Assignment to a new post — Interests of the
                                                                                          service — Misuse ofpowers)
                                                                                                    ( 97/C 252/54
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        (Language of the case: French)
                          of 19 June 1997
in Case T-260/94 : Air Inter SA v. Commission of the
                   European Communities (' )
                                                                        In Case T-73/96 : Miguel Forcat Icardo, an official of the
                                                                        Commission, residing in Brussels, represented by Georges
(Air transport — Continuation of an exclusive concession                Vandersanden, of the Brussels Bar, with an address for
on domestic routes — Regulation (EEC) No 2408/92 —                      service in Luxembourg at the offices of Fiduciaire Myson
Articles 5 and 8 — Rights of the defence — Audi alteram                 Sari, 30 Rue de Cessange, v. Commission of the European
partem — Principle of good faith — Principle of                         Communities ( Agent: Julian Currall ) — application for
     proportionality -— Article 90 (2) of the EC Treaty)                annulment of the memorandum of the Director-General of
                                                                        Directorate-General IX ( Personnel and Administration ) of
                            ( 97IC 252/53 )                             11 August 1995 assigning the applicant to a new post
                                                                        with effect from 1 October 1995 and for compensation
                 (Language of the case: French)                         for the non-material damage suffered — the Court of First
                                                                        Instance ( Third Chamber ), composed of: B. Vesterdorf,
                                                                        President, and C. P. Briët and A. Potocki, Judges; B.
In Case T-260/94 : Air Inter SA, having its registered office           Pastor, Principal Administrator, for the Registrar, has given
in Paray Vieille Poste, France, represented by Jean-Pierre              a judgment on 19 June 1997, in which it:
Spitzer, of the Paris Bar, with an address for service in
Luxembourg at the Chambers of Aloyse May, 31 Grand
Rue, against Commission of the European Communities                      1 . dismisses the application as inadmissible in so far as it
(Agents: Rolf Wägenbaur and Lucio Gussetti ), supported                       concerns the claim for compensation based on the
by TAT European Airlines, represented by Antoine                             second paragraph of Article 24 of the Staff
Winckler, of the Paris Bar, and Romano Subiotto,                              Regulations of officials of the European Communities;
Solicitor, with an address for service in Luxembourg at the
Chambers of Elvinger and Hoss, 2, Place Winston
Churchill, and United Kingdom of Great Britain and                      2 . dismisses the remainder of the application;
Northern Ireland ( Agents: John E. Collins and Richard
Plender) — application for annulment of Article 1 of                    3 . orders the parties to bear their own costs.
Commission Decision 94/291/EC of 27 April 1994 on a
procedure relating to the application of Council
Regulation ( EEC ) No 2408/92 ( Case VII/AMA/IV/93 —                     (') OJ No C 233 , 10 . 8 . 1996 .
TAT — Paris ( Orly) — Marseille and Paris ( Orly ) —
Toulouse ) ( OJ No L 127, 19 . 5 . 1994, p. 32 ) — the Court
of First Instance               ( Second    Chamber,     Extended
 Composition ), composed of: C. W. Bellamy, President, C. P.
 Briët and A. Kalogeropoulos, Judges; J. Palacio Gonzales,
Administrator, for the Registrar, has given a judgment on
 19 June 1997, in which it:                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 25 June 1997
 1 . dismisses the application;                                          in Case T-7/96: Francesco Perillo v. Commission of the
                                                                                           European Communities (')
 2 . orders the applicant to pay the costs, including those              (Lomé Convention — European Development Fund —
      of the proceedings in Case C-301 /94 which took place              Non-payment of contract — Commission's non­
      before the Court of Justice and those incurred by TAT,                                    contractual liability)
      but not those incurred by the United Kingdom                                                   ( 97/C 252/55 )
      Government, an intervening party, which shall bear its
      own costs .
                                                                                         (Language of the case: French)
 (') OJ No C 275 , 1 . 10 . 1994 .
                                                                         In Case T-7/96 : Francesco Perillo, trading as ITAM
                                                                         SIDER, residing in Altamura, Italy, represented by Mario