CELEX: C1996/158/36
Language: en
Date: 1996-06-01 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 21 March 1996 in Case T-161/95: Lino Liao v. Council of the European Union (Officials - Action for annulment of a staff report - Act adversely affecting an official - Preparatory act - Action for damages - Inadmissible)

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 .