CELEX: C2001/108/24
Language: en
Date: 2001-04-07 00:00:00
Title: Judgment of the Court of First Instance of 13 December 2000 in Joined Case T-130/98 and T-131/98: Francis Panichelli v European Parliament (Temporary agents — Engaged on the basis of Article 2(c) of the Conditions of Employment of other Servants of the Communities — Reclassification of a post — Absence of promotion to Grade A 4 — Staff reports — Action for annulment and claim for damages — Admissibility of the action — Dismissal pursuant to Article 47(2)(a) of the Conditions of Employment of other Servants of the Communities — Whether internal procedure observed — Reason for dismissal — Misuse of powers)

7.4.2001                 EN                     Official Journal of the European Communities                                         C 108/15
3.    Orders the applicants to bear 10 % of their own costs;               3.    orders the defendant to bear the costs in Case T-130/98.
4.    Orders the Commission to bear its own costs and to pay 90 %          4.    orders each of the parties to bear their own costs, including
      of the costs incurred by the applicants;                                   those relating to the interlocutory proceedings, in Case
                                                                                 T-131/98.
5.    Orders the French Republic, Chronopost SA and La Poste to
      bear their own costs.
                                                                           (1) OJ C 327 of 24.10.1998.
(1) OJ C 72 of 7.3.1998.
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                  of 5 December 2000
                       of 13 December 2000
                                                                           in Case T-136/98: Anna Maria Campogrande v Com-
                                                                                     mission of the European Communities (1)
in Joined Case T-130/98 and T-131/98: Francis Panichelli
                     v European Parliament (1)
                                                                           (Officials — Duty to render assistance — Sexual harass-
(Temporary agents — Engaged on the basis of Article 2(c)                                                    ment)
of the Conditions of Employment of other Servants of the
Communities — Reclassification of a post — Absence of                                                (2001/C 108/25)
promotion to Grade A 4 — Staff reports — Action for
annulment and claim for damages — Admissibility of the
action — Dismissal pursuant to Article 47(2)(a) of the
Conditions of Employment of other Servants of the Com-                                         (Language of the case: French)
munities — Whether internal procedure observed — Reason
                for dismissal — Misuse of powers)                          In Case T-136/98: Anna Maria Campogrande, an official at
                                                                           the Commission of the European Communities, residing in
                          (2001/C 108/24)                                  Brussels, represented by A. Krywin, of the Brussels Bar, with
                                                                           an address for service in Luxembourg at the Chambers of
                                                                           A. Lutgen, 1 Rue Jean-Pierre Brasseur, against Commission of
                                                                           the European Communities (Agents: C. Berardis-Kayser and
                     (Language of the case: French)                        F. Clotuche-Duvieusart) — first, application for annulment of
                                                                           the implied decision of the Commission rejecting the appli-
In Joined Cases T-130/98 and T-131/98: Francis Panichelli,                 cant’s request for assistance of 27 June 1997 and, secondly, a
former temporary agent of the European Parliament, residing                claim for damages to make good the harm suffered — the
in Wezembeek-Oppem (Belgium), represented by E. Boigelot,                  Court of First Instance (Fourth Chamber), composed of V. Tiili,
of the Brussels Bar, with an address for service in Luxembourg             President, R.M. Moura Ramos and P. Mengozzi, Judges; Blanca
at the Chambers of L. Schiltz, 2 Rue du Fort Rheinsheim,                   Pastor, Principal Administrator, for the Registrar, gave a
against European Parliament (Agents: M. Moore and J. Sant’An-              judgment on 5 December 2000, in which it:
na) — application for (Case T-130/98) annulment of the
implied rejection of the applicant’s request of 11 July 1997               1.    annuls the implied decision of the Commission rejecting the
and for an order requiring the defendant to pay damages and                      applicant’s request for assistance of 27 June 1997;
(Case T-131/98) for annulment of the decision communicated
on 2 July 1998 bringing to an end the applicant’s temporary                2.    dismisses the remainder of the application;
contract — the Court of First Instance (Second Chamber),
composed of J. Pirrung, President, A. Potocki and A.W.H. Meij,
Judges; Blanca Pastor, Principal Administrator, for the Regis-             3.    orders the Commission to pay the costs.
trar, gave a judgment on 13 December 2000, in which it:
1.    joins Cases T-130/98 and T-131/98 for the purpose of the             (1) OJ C 327 of 24.10.1998.
      judgment.
2.    dismisses the applications in Cases T-130/98 and T-131/98.