CELEX: C1996/158/34
Language: en
Date: 1996-06-01 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 25 April 1996 in Case T-274/94: Antonio Castellacci v. Commission of the European Communities (Officials - Household allowance - Criterion of residence - Allowance for a person treated as a dependent child - Recovery of undue payment)

1 . 6 . 96               EN                  Official Journal of the European Communities                                No C 158/ 13
JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 24 April 1996                                                      of 24 April 1996
in Joined Cases T-551 /93 , T-231/94 , T-232/94 , T-233/94                      in Case T-6/94 , A. v. European Parliament ( )
and T-234/94 Industrias Pesqueras Campos SA and Others                  (Officials — Unauthorized absence — Remuneration —
       v. Commission of the European Communities ( 1 )                      Article 60 of the Staff Regulations — Inadmissibility)
(Community financial aid — Application for compensation                                            ( 96/C 158 /33 )
in the event ofnon-payment — Application for annulment
                  of decisions withdrawing aid)
                            ( 96/C 158 /32 )                                            (Language of the case: Frencb)
                 (Language of the case: Spanisb)                        In Case T-6/94 A, a former official of the European
                                                                        Parliament, residing in Luxembourg, represented by
                                                                        Catherine Thill-Kamitaki , of the Luxembourg Bar, with an
In Joined Cases T-551 /93 , T-231 /94, T-232/94 , T-233/94              address for service in Luxembourg at her Chambers ,
and T-234/94, Industrias Pesqueras Campos SA, a company                 15 Avenue du Bois, v. European Parliament (Agent: Ezio
with its registered office at Vigo ( Spain ), represented in Case       Perillo ) — application for an order requiring the European
T-551 /93 by Antonio Creus and Xavier Ruiz, both of the                 Parliament to pay to the applicant, pursuant to the fourth
Barcelona Bar, and by José Ramon Garci'a-Gallardo, of the               paragraph of Article 88 of the Staff Regulations of Officials
Burgos Bar, with an address for service in Brussels at the              of the European Communities , the total due in respect of,
Cuatrecasas Chambers , 78 Avenue d'Auderghem, and in                    first, the salary not paid to her by the European Parliament
Case T-233/94 by Santiago Martinez Lage, Rafael                         for the months of December 1990 , February, March, May,
Allendesalazar Corcho and Javier Vias Alonso, all of the                June and half of July 1991 , second, the salary not paid to her
Madrid Bar, with an address for service in Luxembourg at                for the period from 1 August 1991 to 31 December 1992
the Chambers of Aloyse May, 31 Grand-rue, Transacciones                 ( less the partial allowances received by her for that period )
Maritimas SA , Recursos Marinos SA, Makuspesca SA,                      and, third, the allowance to which she considers herself
companies with their registered offices at Vigo ( Spain ),              entitled for leave not taken in 1992 , together with interest
represented by Santiago Martinez Lage, Rafael                           thereon at the rate prescribed by law from the date when
 Allendesalazar Corcho and Javier Vias Alonso , all of the              each payment fell due until the date of actual payment — the
Madrid Bar, with and address for service in Luxembourg at               Court of First Instance ( Second Chamber ), composed
the Chambers of Aloyse May, 31 Grand-rue, against the                   of: H. Kirschner, President, and C. W. Bellamy
 Commission of the European Communities ( Agents :                      and A. Kalogeropoulos, Judges; B. Pastor, Principal
 Francisco Santaolalla, Amparo Alcover and Blanca Vila                  Administrator , for the Registrar , has given a judgment on
 Costa ) — application for, in Case T-551 /93 , compensation            24 April 1996 , in which it:
 for the loss caused to the applicant by the Commission's
 non-payment of the Community financial aid which it had                 1 , dismisses the action as inadmissible;
 granted by its Decision C(89 ) 632/73 of 26 April 1989 ( file
 No ES/545/89/01 ) for the construction of the fishing vessel
 ' Escualo', and , in Cases T-231 /94 , T-232/94 , T-233/94 and         2 , orders the parties to bear their own costs, including
 T-234/94, for the annulment, respectively, of Commission                     those relating to the application for interim measures.
 Decisions C(94 ) 670/ 1 , C(94 ) 670/2 , C(94 ) 670/3 and C(94 )
 670/4, whereby the Commission withdrew Community
                                                                         (') OJ No C 59 , 26 . 2 . 1994 .
 financial aid granted to each of the four applicants for the
 construction of fishing vessels and required three of the
 applicants to repay the amounts already paid — the Court of
 First Instance ( Fourth Chamber ), composed of: K. Lenaerts,
 President, P. Lindh and A. Potocki, Judges; J. Palacio
 Gonzalez, Administrator, for the Registrar, has given a
 judgment on 24 April 1996 in which it:
                                                                          JUDGMENT OF THE COURT OF FIRST INSTANCE
  1 , dismisses the actions for annulment in Cases T-231 /94,                                   of 25 April 1996
       T-232/94 , T-233 /94 and T-234/94 -,                              in Case T-274/94 : Antonio Castellacci v . Commission of
                                                                                         the European Communities C )
                                                                         (Officials — Household allowance — Criterion ofresidence
 2 , dismisses the action for damages in Case T-551 /93;
                                                                         — Allowance for a person treated as a dependent child —
                                                                                          Recovery of undue payment)
  3 , orders the applicants to pay the costs, including those of                                    ( 96/C 158/34 )
       the interim proceedings.
                                                                                         (Language of the case: French)
  (') OJ No C 1 , 4 . 1 . 1994 and OJ No C 218 , 6 . 8 . 1994 .
                                                                         In Case T-274/94 : Antonio Castellacci, an official of the
                                                                         Commission of the European Communities, residing in
 ---pagebreak---  No C 158 / 14        EN                 Official Journal of the European Communities                                      1 . 6 . 96
 Brussels, represented by Eric Boigelot, of the Brussels Bar,           ORDER OF THE COURT OF FIRST INSTANCE
 with an address for service in Luxembourg at the Chambers                                of 21 March 1996
 of Louis Schiltz, 2 Rue du Fort Rheinsheim, v. Commission
 of the European Communities ( Agents : Ana Maria Alves             in Case T-161/95 : Lino Liao v. Council of the European
 Vieira and Alberto Dal Ferro ) — application for annulment,                                      Union (')
 first, of the decision adopted by the defendant on                  (Officials — Action for annulment of a staff report — Act
 24 November 1993 ( i ) withdrawing the household                   adversely affecting an official — Preparatory act — Action
 allowance and the allowance for a person treated as a                              for damages — Inadmissible)
 dependent child and ( ii ) providing for the recovery of the                                  ( 96/C 158/36 )
 allegedly undue payments made in respect of those
 allowances and , second, of the decision adopted by the
 defendant on 26 January 1994 laying down detailed                                 (Language of the case: French)
 measures for the repayment of the sums to be recovered
 pursuant to the aforesaid decision of 24 November 1993 —           In Case T-161 /95 : Lino Liao, an official of the Council of the
 the Court of First Instance ( Fifth Chamber ), composed of:        European Union, residing in Brussels, represented by
 R. Schintgen , President, and R. García-Valdecasas and             Pierre-Paul van Gehuchten and Constantin Nickis, of the
J. Azizi, Judges ; J. Palacio Gonzalez, Administrator, for          Brussels Bar, with an address for service in Luxembourg at
 the Registrar, has given a judgment on 25 April 1996 , in          the Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim, v.
which it :                                                          Council of the European Union (Agents: Diego Canga Fano
                                                                    and Marie-Jeanne Vernier ) — application for annulment of
 1 , dismises the action;                                           the Decision of the Council of 19 May 1 995 , which was
                                                                    adopted for the purposes of drawing up the applicant's staff
                                                                    report for the period from 1 July 1991 to 30 June 1993 , and
2 , orders the parties to bear their own costs.                     for compensation for the material and non-material loss
                                                                    allegedly suffered by him — the Court of First Instance
 (M OJ No C 304 , 29 . 10 . 1994 .                                  ( Second Chamber ), composed of H. Kirschner, President,
                                                                    and C. W. Bellamy and A. Kalogeropoulos, Judges; H. Jung,
                                                                    Registrar, made an order on 21 March 1996, the operative
                                                                    part of which is as follows :
                                                                    1.   The action is dismissed as inadmissible.
     ORDER OF THE COURT OF FIRST INSTANCE
                       of 4 March 1996                              2 . The patties are ordered to bear their own costs.
in Case T-3 92/94 : Diarmuid Rossa Phelan v. Council of the
                      European Union (')                            (') OJ No C 299 , 11 . 11 . 1995 .
                 (No need to give a decision)
                         ( 96/C 158/35 )
               (Language of the case: English)
                                                                   Action brought on 22 February 1996 by J. Langdon Limited
In Case T-392/94 : Diarmuid Rossa Phelan, residing in Bella           against the Commission of the European Communities
Vista ( Ireland ), represented by Desmond O'Neill,
Barrister-at-Law, of the Bar of Ireland, v. Council of the                                  ( Case T-22/96 )
European Union ( Agents : Michael Bishop and Diego Canga                                      ( 96/C 158/37 )
Fano ) — application for the annulment of the Council
Decision of 1 6 September 1 994 not to admit the applicant to                     (Language of the case: English)
Open Competition Council/A/338 on the ground that the
application form was submitted out of time and for an order
that the Council pay him damages — the Court ( Fourth              An action against the Commission of the European
Chamber ), composed of K. Lenaerts, President, P. Lindh            Communities was brought before the Court of First
and J. D. Cooke, Judges; Registrar, H. Jung, made an order         Instance of the European Communities on 22 February
on 4 March 1996 , the operative part of which is as                 1996 by J. Langdon Limited, represented by Patrick
follows :                                                          O'Brien, Solicitor, and Patrick McCann, Barrister, with an
                                                                   address for service in Luxembourg at Faltz & Associés , 6 rue
                                                                   Heine .
1 . There is no need to give a decision.
                                                                   The applicant claims that the Court should :
2 . Each party shall bear its own costs.
                                                                   — annul the Commission's Decision C ( 95 ) 2726 final of
(M OJ No C 400 , 31 . 12 . 1994 .                                       3 November 1995 adressed to Ireland;
                                                                   — order the Commission to pay the costs .