CELEX: C1996/108/18
Language: en
Date: 1996-04-13 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 6 March 1996 in Case T-93/94: Michael Becker v. Court of Auditors of the European Communities (Officials - Classification in step - Seniority - Equal treatment - Duty to have regard to the interests of officials)

13 . 4 . 96           EN                    Official Journal of the European Communities                               No C 108/9
     candidatures for the posts declared vacant by Notice               JUDGMENT OF THE COURT OF FIRST INSTANCE
     No C] 68/92, and the defendant's decision of 27 June                                     of 7 March 1996
     1994, in so far as it rejects the part of complaint               in Case T-146/94 : Calvin Williams v. Court of Auditors of
     Cont. 12/94-R lodged against that decision;
                                                                                       the European Communities ( 1 )
4 . dismisses the remainder of the application;                        (Officials — Obligations — Acts incompatible with the
                                                                       dignity of the public service — Duty to act in good faith —
5 , orders the defendant to bear its own costs, and one                      Disciplinary proceedings — Removal from post)
     quarter of the applicant's costs, and the applicant to                                      ( 96/C 108/ 19 )
     bear three-quarters of his own costs.
                                                                                       (Language of the case: French)
(') OJ No C 304, 29 . 10 . 1994 .
                                                                       In Case T-146/94 : Calvin Williams, a former official of the
                                                                       Court of Auditors of the European Communities, residing at
                                                                       Luxembourg, represented by Eric Boigelot, of the Brussels
                                                                       Bar, with an address for service in Luxembourg at the
                                                                       Chambers of Jean-Paul Noesen, 18 Rue des Glacis, v. Court
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               of Auditors of the European Communities ( Agents :
                        of 6 March 1996                                Jean-Marie Stenier, Jan Inghelram and Paolo Giusta ) —
in Case T-93 /94 : Michael Becker v . Court of Auditors of the         application for the annulment, first, of the decision of the
                  European Communities ( 1 )                           Court of Auditors of 24 June 1993 removing the applicant
                                                                       from his post without reduction or withdrawal of his
(Officials — Classification in step — Seniority — Equal                entitlement to a retirement pension, second, of the decision
treatment — Duty to have regard to the interests of                    of 24 January 1994 expressly rejecting his complaint and,
                               officials)                              third, in so far as may be necessary, of the decision of
                           ( 96/C 108/ 18 )                            23 January 1994 impliedly rejecting that complaint — the
                                                                       Court of First Instance ( Fifth Chamber ), composed of
                                                                       R. Schintgen, President, and R. Garci'a-Valdecasas and
               (Language of the case: German)
                                                                       J. Azizi , Judges; J. Palacio Gonzalez, Administrator, for
                                                                       the Registrar, has given a judgment on 7 March 1996 , in
In Case T-93/94 : Michael Becker, an official at the Court             which it :
of Auditors of the European Communities, residing
in Luxembourg, represented by Roy Nathan, of the                       1 , dismisses the action;
Luxembourg Bar, with an address for service in
Luxembourg at the latter's Chambers, 18 Rue des Glacis, v-.
Court of Auditors of the European Communities ( Agents :               2 , orders the parties to bear their own costs.
Jean-Marie Stenier and Jan Inghelram ) — application for
the annulment of the decision of the Court of Auditors of
                                                                       (') OJ No C 146 , 28 . 5 . 1994 .
2 December 1993 rejecting the applicant's complaint
concerning his classification in step — the Court of First
Instance ( First Chamber ), composed of: A. Saggio,
President, V. Tiili and R. M. Moura-Ramos, Judges;
B. Pastor, Principal Administrator, for the Registrar, has
given a judgment on 6 March 1996 , in which it:
                                                                        JUDGMENT OF THE COURT OF FIRST INSTANCE
 1 , annuls the refusal of the Court of Auditors to reclassify                                of 7 March 1996
     the applicant in step, pursuant to Council Regulation
     (EEC, Euratom, ECSC) No 3947/92 of 21 December                    in Case T-362/94: Jan Robert De Rijk v. Commission of the
     1 992 amending the Staff Regulations of Officials and                               European Communities ( ] )
     the Conditions of Employment of Other Servants of the              (Officials — Supplementary sickness insurance scheme for
     European Communities, with effect from 1 January                   officials posted outside the Communities — Procedure for
     1993 , as he had requested by letter of 5 February 1993,                       reimbursement of medical expenses)
     together with the Court of Auditors ' decision of                                            ( 96/C 108/20 )
     2 December 1993 rejecting the applicant's complaint
     against that refusal;
                                                                                       (Language of the case: French)
 2 , orders the Court ofAuditors to bear its own costs and to
     pay the costs incurred by the applicant.                           In Case T-362/94 : Jan Robert De Rijk, an official of the
                                                                        European Communities, residing at Helsinki , represented
                                                                        by Nicolas Lhoëst, of the Brussels Bar, with an address for
 0 ) OJ No C 120 , 30 . 4 . 1994 .
                                                                        service in Luxembourg at the offices of Fiduciaire Myson
                                                                        SARL, 1 Rue Glesener, v . Commission of the European
                                                                        Communities ( Agents : Gianluigi Valsesia and Julian