CELEX: C1999/246/49
Language: en
Date: 1999-08-28 00:00:00
Title: Judgment of the Court of First Instance of 6 July 1999 in Joined Cases T-112/96 and T-115/96: Jean-Claude Séché v Commission of the European Communities (Officials - Refusal of promotion - Comparative examination of the merits - Statement of reasons - Token appointment - Equal treatment principle - Discrimination on the grounds of age, sex and nationality - Duty to have due regard to the welfare of officials - Correspondence between grade and duties - Article 27, third paragraph, of the Staff Regulations - Misuse of powers and procedure - Principles of the protection of legitimate expectations and of good faith - Right to a temporary posting - Decision on the grant of a temporary posting - Discretion of the administration - Right to the differential allowance - Fault on the part of the administration - Non-material damage - Dismissal of applications for preparatory inquiries)

C 246/24                EN                        Official Journal of the European Communities                                      28.8.1999
2. The parties shall bear their own costs, including those relating to           JUDGMENT OF THE COURT OF FIRST INSTANCE
      the proceedings on the application for interim measures.
                                                                                                       of 6 July 1999
( 1) OJ C 351 of 30.12.1995.
                                                                             in Joined Cases T-112/96 and T-115/96: Jean-Claude Séché
                                                                                    v Commission of the European Communities (1)
                                                                             (Officials — Refusal of promotion — Comparative examin-
                                                                             ation of the merits — Statement of reasons — Token
                                                                             appointment — Equal treatment principle — Discrimination
                                                                             on the grounds of age, sex and nationality — Duty to have
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                 due regard to the welfare of officials — Correspondence
                                                                             between grade and duties — Article 27, third paragraph, of
                            of 8 July 1999                                   the Staff Regulations — Misuse of powers and procedure —
                                                                             Principles of the protection of legitimate expectations and of
                                                                             good faith — Right to a temporary posting — Decision on
in Case T-36/96: Giuliana Gaspar v European Parliament (1)                   the grant of a temporary posting — Discretion of the
                                                                             administration — Right to the differential allowance —
                                                                             Fault on the part of the administration — Non-material
(Officials — Appeal — Reference back to the Court of First                   damage — Dismissal of applications for preparatory inquir-
Instance — Sick leave — Medical certificate — Annual                                                         ies)
medical check-up — Conclusions conflicting with the medical
                              certificate)
                                                                                                      (1999/C 246/49)
                           (1999/C 246/48)
                     (Language of the case: French)
                                                                                                 (Language of the case: French)
In Case T-36/96: Giuliana Gaspari, an official of the European
Parliament, residing at Sandweiler (Luxembourg), represented
by Lucette Defalque, of the Brussels Bar, with an address for                In Joined Cases T-112/96 and T-115/96: Jean-Claude Séché, a
service in Luxembourg at the offices of Fiduciaire Myson SARL,               former official of the Commission of the European Communi-
30 Rue de Cessange, v European Parliament (Agents: Manfred                   ties, residing in Brussels, represented by Eric Boigelot, of the
Peter and Antonio Caiola) — application for annulment of the                 Brussels Bar, with an address for service in Luxembourg at the
decision of 22 May 1995 by which the Parliament treated the                  Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim,
applicant’s absence on 5 May 1995 as irregular and deducted                  supported by Union Syndicale (European Public Service Union)
one day from her annual leave entitlement pursuant to Article                — Brussels, represented initially by Véronique Lebrun and
60 of the Staff Regulations of officials of the European                     subsequently by Pierre Monville, both of the Brussels Bar,
Communities, and for annulment, in so far as may be                          against the Commission of the European Communities
necessary, of the confirmatory decision of 9 August 1995 —                   (Agents: Gianluigi Valsesia, Julian Currall and Denis Wael-
the Court of First Instance (Third Chamber), composed of: M.                 broeck) — application, in Case T-112/96, for the annulment
Jaeger, President, and K. Lenaerts and J. Azizi, Judges; B. Pastor,          of two decisions adopted by the Commission on 22 May 1996
Principal Administrator, for the Registrar, has given a judgment             in a procedure for filling an A 2 post in the Legal Service
on 8 July 1999, in which it:                                                 declared vacant by Notice COM/20/96, respectively appointing
                                                                             Mrs D as Principal Legal Adviser at Grade A 2 and rejecting the
                                                                             applicant’s candidature for that post; and, in Case T-115/96, for
1. Dismisses the action;                                                     the annulment of the Commission’s decision of 1 December
                                                                             1995 rejecting the applicant’s request for, effectively, reclassifi-
                                                                             cation of his post at Grade A 2 as from 1 June 1991 and, in
2. Orders the parties to bear all their own costs in respect of the          the alternative, the benefit of the temporary postings system
      proceedings before the Court of First Instance and the Court of        — the Court of First Instance (Fifth Chamber), composed of
      Justice.                                                               J.D. Cooke, President of the Chamber, R. Garcı́a-Valdecasas,
                                                                             and P. Lindh, Judges; A. Mair, Administrator, for the Registrar,
                                                                             gave a judgment on 6 July 1999, the operative part of which
                                                                             is as follows:
(1) OJ C 145 of 18.5.1996.
                                                                             1. There is no need to adjudicate on the application, made in the
                                                                                  action in Case T-112/96, for the annulment of the decision to
                                                                                  appoint Mrs D to the contested post;
 ---pagebreak--- 28.8.1999                EN                       Official Journal of the European Communities                                     C 246/25
2. The applications in the two actions for career reclassification are       (Italy), Dora Ferriera Acciaieria Srl, established in Bergamo,
     dismissed as inadmissible;                                              Ferriera Lamifer SpA, established in Travagliato (Italy), rep-
                                                                             resented by Carmine Punzi and Filippo Satta, both of the Rome
3. In Case T-112/96, the action is dismissed;                                Bar, with an address for service in Luxembourg at the
                                                                             Chambers of Charles Turk, 13A Avenue Guillaume, Nuova
4. In Case T-115/96, the Commission’s decision of 1 December                 Sidercamuna SpA, established in Berzo Inferiore (Italy), rep-
     1995 is annulled in so far as it rejects the applicant’s alternative    resented by Enrico A. Raffaelli, of the Milan Bar, Ivo Van Bael,
     application that he be granted the benefit of the temporary             of the Brussels Bar and Fabrizio Di Gianni, of the Rome Bar,
     postings system;                                                        with an address for service in Luxembourg at the Chambers of
                                                                             Freddy Brausch, 11 Rue Goethe v Commission of the European
                                                                             Communities (Agents: Paul Nemitz, Enrico Altieri, Laura
5. The Commission is ordered to pay the applicant the monthly                Pignataro and Massimo Moretto) — application for annulment
     payments of differential allowance referred to in Article 7(2) of       of Commission Decision 96/678/ECSC of 30 July 1996
     the Staff Regulations to which he would have been entitled if his       concerning certain aid proposed by Italy as part of a pro-
     application for a temporary posting had been accepted, together         gramme for the restructuring of its private steel industry and
     with interest for delay at the rate of 4.5 % per annum calculated       Commission Decision 97/258/ECSC of 18 December 1996
     from the dates on which those payments should have been made,           concerning aid closures envisaged by Italy as part of the
     as from 30 December 1995 and until full settlement;                     restructuring of its private steel industry (OJ 1996 L 316, p.
                                                                             24 and OJ 1997 L 102, p. 42 respectively) — the Court (Third
6. The remainder of the action in Case T-115/96 is dismissed;                Chamber, Extended Composition), composed of: M. Jaeger,
                                                                             President, and K. Lenaerts, V. Tiili, J. Azizi and P. Mengozzi,
7. In Case T-112/96, each party is ordered to bear its own costs,            Judges; H. Jung, Registrar, has given a judgment on 12 May
     including those relating to the interim proceedings. Union              1999, in which it:
     Syndicale — Brussels is ordered to pay its own costs;
                                                                             1. Dismisses the applications;
8. In Case T-115/96, the Commission is ordered to pay its own
     costs and two-thirds of those incurred by the applicant, who is         2. Orders the applicants to bear their own costs and jointly and
     ordered to pay the remaining third. Union Syndicale — Brussels               severally to pay those of the Commission.
     is ordered to pay its own costs.
                                                                             (1) OJ C 40 of 8.2.1997 and C 199 of 28.6.1997.
(1) OJ C 269 of 14.9.1996 and C 294 of 5.10.1996.
                                                                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                        of 19 May 1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                             in Case T-214/96 Bernard Connolly v Commission of the
                                                                                                 European Communities (1)
                           of 12 May 1999
                                                                             (Officials — Article 90(1) of the Staff Regulations —
in Joined Cases T-164/96, T-165/96, T-166/96, T-167/96,                      Action for compensation — Prelitigation procedure contrary
T-122/97 and T-130/97: Moccia Irme SpA and Others v                              to the terms of the Staff Regulations — Admissibility)
        Commission of the European Communities (1)
                                                                                                        (1999/C 246/51)
(Action for annulment — State aid — ECSC Treaty — Fifth
Steel Aid Code — Requirement of regular production within                                         (Language of the case: French)
   the meaning of Article 4(2) of the Fifth Steel Aid Code)
                                                                             In Case T-214/96 Bernard Connolly, a former official of
                           (1999/C 246/50)                                   Commission of the European Communities, residing at Ever-
                                                                             berg (Belgium), represented by Jacques Sambon and Pierre-Paul
                                                                             Van Gehuchten, of the Brussels Bar, with an address for service
                     (Language of the case: Italian)                         in Luxembourg at the Chambers of Louis Schiltz, 2 Rue du
                                                                             Fort Rheinsheim v Commission of the European Communities
                                                                             (Agents: Gianluigi Valsesia and Julian Currall), application for
In Joined Cases T-164/96, T-165/96, T-166/96, T-167/96,                      compensation for the material and non-material damage which
T-122/97 and T-130/97: Moccia Irme SpA, established in                       the applicant considers himself to have suffered as a result of
Naples (Italy), represented by Emilio Cappelli, Paolo De Caterini            the publication in the press of several pieces of information
and Andrea Bandini, all of the Rome Bar, with an address for                 and statements concerning him, the Court of First Instance
service in Luxembourg at the Chambers of Charles Turk, 13A                   (First Chamber), composed of B. Vesterdorf, President, and J.
Avenue Guillaume, Prolafer, established in Bergamo (Italy),                  Pirrung and M. Vilaras, Judges; H. Jung, Registrar, has given a
Ferriera Acciaieria Casilina SpA, established in Montecompatri               judgment on 19 May 1999 in which it: