CELEX: C1998/209/81
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 26 May 1998 in Case T-177/96: Mario Costacurta v. Commission of the European Communities (Officials - Remuneration - Weighting - Special derogations applying to officials posted to non-member countries - Contrary to the principles of the equivalence of purchasing power and equal treatment)

C 209/38             EN                  Official Journal of the European Communities                                   4.7.98
Laure Levi, of the Brussels Bar, with an address for service        1. Orders the Commission to pay the applicant the sum
in Luxembourg at Fiduciaire Myson SARL, 30 Rue de                       of ECU 400 by way of compensation for
Cessange, against the Commission of the European                        maladministration.
Communities (Agent: Julian Currall) Ð application for
annulment of a decision to reassign the applicant dated
20 July 1995, an express decision of 16 February 1996               2. Dismisses the remainder of the action.
dismissing the complaint lodged by the applicant against
that decision, an implied decision dismissing the claim for
damages submitted by the applicant on 19 October 1995               3. Orders the Commission to bear its own costs and to
and, in so far as necessary, a decision of 26 June 1996 not             pay the costs incurred by the applicant up to date of
to uphold in its entirety the complaint lodged by the                   receipt by him of the decision rejecting his complaint.
applicant against the last-mentioned decision Ð the Court               The applicant is ordered to bear his own costs
of First Instance (Fifth Chamber), composed of J. Azizi,                incurred as from the date of receipt of the decision
President, R. García-Valdecasas and M. Jaeger, Judges; H.               rejecting his complaint.
Jung, Registrar, gave a judgment on 28 May 1998, the
operative part of which is as follows:                              (1) OJ C 40, 8.2.1997.
1. The actions are dismissed.
2. Each party shall bear its own costs.
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
( ) OJ C 233, 10.8.1996 and OJ C 388, 21.12.1996.
 1
                                                                                           of 26 May 1998
                                                                    in Case T-177/96: Mario Costacurta v. Commission of the
                                                                                      European Communities (1)
                                                                    (Officials Ð Remuneration Ð Weighting Ð Special
                                                                    derogations applying to officials posted to non-member
                                                                    countries Ð Contrary to the principles of the equivalence
   JUDGMENT OF THE COURT OF FIRST INSTANCE                                   of purchasing power and equal treatment)
                      of 12 May 1998                                                        (98/C 209/81)
in Case T-159/96: Rüdiger Wenk v. Commission of the
                  European Communities (1)
                                                                                    (Language of the case: French)
(Officials Ð Recruitment Ð Post of Head of a
Commission delegation Ð Notice of vacancy Ð Legality
Ð Decision rejecting an application for a post Ð                    In Case T-177/96: Mario Costacurta, an official of the
Obligation to provide a statement of reasons Ð                      Commission of the European Communities, residing in
Comparative examination of the merits of the candidates             Luxembourg, represented by Nicolas Decker, of the
Ð Discretion of the appointing authority Ð Protection of            Luxembourg Bar, with an address for service in
legitimate expectations Ð Duty to have regard for the               Luxembourg at the latter's Chambers, 16 Avenue Marie-
              welfare and interests of officials)                   TheÂreÁse v. Commission of the European Communities
                                                                    (Agents: Gianluigi Valsesia and Florence Clotuche) Ð
                        (98/C 209/80)                               application for (1) annulment of the Commission's
                                                                    decision of 22 July 1996 refusing to apply to the applicant
                                                                    the weightings for Zaïre in respect of the period of his
               (Language of the case: French)                       assignment to the Commission's delegation in that country
                                                                    and (2) compensation for the damage thereby caused Ð
                                                                    the Court of First Instance (Fifth Chamber), composed of
In Case T-159/96: Rüdiger Wenk, an official of the                  J. Azizi, President, R. García-Valdecasas and M. Jaeger,
Commission of the European Communities, residing in                 Judges; J. Palacio GonzaÂlez, Administrator, for the
Caracas, represented by Nicolas LhoeÈst, of the Brussels            Registrar, gave a judgment on 26 May 1998, the operative
Bar, with an address for service in Luxembourg at the               part of which is as follows:
office of Fiduciaire Myson SARL, 30 Rue de Cessange, v.
Commission of the European Communities (Agents: Julian
Currall and Christine Berardis-Kayser) Ð application for            1. The application is dismissed.
annulment of the decision of the Commission of
2 February 1996 rejecting the application by the applicant
for the post of Head of the Commission's delegation in              2. Each of the parties shall bear its own costs.
San JoseÂ Ð the Court of First Instance (Fifth Chamber),
composed of: J. Azizi, President, and R. García-Valdecasas          (1) OJ C 9, 11.1.1997.
and M. Jaeger, Judges; J. Palacio GonzaÂlez, Administrator,
for the Registrar, has given a judgment on 12 May 1998,
in which it: