CELEX: C1997/054/30
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Case T-137/95: Paolo Mozzaglia v. Commission of the European Communities (Officials - Former national expert on secondment - Daily subsistence allowance - Installation allowance - Place of recruitment - Reimbursement of travel expenses on taking up an appointment)

22 . 2 . 97    •     HEN                   Official Journal of the European Communities                                No C 54/ 19
 to appoint him as a member of the Commission 's                             his removal expenses as provided for by Article 9 (1 )
 temporary staff, and for reparation of the damage suffered                  of that Annex.
 as a result of that decision — the Court of First Instance
 ( Second Chamber ), composed of H. Kirschner, President,               3 . Orders the Commission to pay the costs.
 C. W. Bellamy and A. Kalogeropoulos, Judges; B. Pastor,
 Principal Administrator, for the Registrar, gave a judgment            (') OJ No C 208 , 12 . 8 . 1995 .
 on 12 December 1996 , in which it:
 1.   Annuls the Commission 's decision not to recruit the
      applicant to a post on the temporary staff of the
      Community under Article 8.5 of the JET Statutes,
      communicated to him by letter of the Director of JET                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             of 12 December 1996
      dated 13 June 1994, and the Commission 's decision of
      28 December 1994 rejecting the applicant 's complaint            in Case T-137/95 : Paolo Mozzaglia v. Commission of the
      against the decision first mentioned.                                               European Communities (')
                                                                        (Officials — Former national expert on secondment —
 2 . Dismisses the remainder of the application.
                                                                       Daily subsistence allowance — Installation allowance —
                                                                       Place of recruitment — Reimbursement of travel expenses
 3 . Orders the defendant to bear its own costs and to pay
                                                                                        on taking up an appointment)
      those of the applicant.
                                                                                                    ( 97/C 54/30 )
 (') OJ No C 286 , 28 . 10 . 1995 .
                                                                                        (Language of the case: Italian)
                                                                       In Case T-137/95 : Paolo Mozzaglia, an official of the
                                                                       Commission of the European Communities, residing in
                                                                       Brussels, represented by Giuseppe Marchesini , advocate
                                                                       with a right of audience before the Italian Court of
   JUDGMENT OF THE COURT OF FIRST INSTANCE                             Cassation, with an address for service in Luxembourg at
                      of 12 December 1996                              the Chambers of Ernest Arendt, 8— 10 rue Mathias Hardt,
in Case T-132/95 : Peter Gammeltoft v. Commission of the               v. Commission of the European Communities ( Agents :
                    European Communities (')                          Julian Currall , Ana Maria Alves Vieira and Alberto Dal
                                                                       Ferro and, in the oral procedure , Denis Waelbroeck ) —
 (Members of the temporary staff — Former national                     application for annulment of the decision of the
expert on secondment — Former member of the auxiliary                  Commission of 1 September 1994 refusing to grant the
staff — Installation          allowance — Reimbursement of
                                                                       applicant the installation allowance , to reimburse his
                        removal expenses)                              travel expenses on his taking up his appointment and to
                             ( 97/C 54/29 )                            pay the daily subsistence allowance — the Court of First
                                                                       Instance ( Second Chamber ), composed of: H. Kirschner,
                  (Language of the case: French)                       President, and C. W. Bellamy and A. Kalogeropoulos,
                                                                      Judges; B. Pastor, Principal Administrator, for the
In Case T-132/95 : Peter Gammeltoft, a member of the                   Registrar, has given a judgment on 12 December 1996, in
temporary staff of the Commission of the European                     which it :
Communities, residing in Brussels, represented by Jean­
Noel Louis, Thierry Demaseure and Ariane Tornel, of the                1 . Annuls the Commission 's decision of 1 September
Brussels Bar, with an address for service in Luxembourg at                  1994, inasmuch as it refuses to grant the applicant the
the offices of Fiduciaire Myson Sari , 1 rue Glesener, v.                   installation allowance provided for by the first
Commission of the European Communities ( Agents: Julian                     subparagraph of Article 5 (1 ) of Annex VII to the
Currall and Denis Waelbroeck ) — application, in                            Staff Regulations, to reimburse his travel expenses on
particular, for annulment of the decision of the                            his taking up his appointment, as provided for by
Commission of 15 September 1994 refusing to grant the                       Article 7 (1 ) (a) of that Annex, and to pay the daily
applicant the installation allowance and to reimburse his                   subsistence allowance provided for by Article 10 ( 1 )
removal expenses — the Court of First Instance ( Second                     thereof.
Chamber ), composed of: H. Kirschner, President, and
C. W. Bellamy and A. Kalogeropoulos, Judges; B. Pastor,               2 . Orders the Commission to pay the applicant the
                                                                            installation allowance, the travel expenses incurred on
Principal Administrator, for the Registrar, has given a
judgment on 12 December 1996, in which it :                                 his taking up his appointment and the daily
                                                                            subsistence allowance, together with interest at 8%
1 . Dismisses the action as inadmissible, inasmuch as it
                                                                            per annum from the dates when those sums became
                                                                            respectively payable, in accordance with Annex VII to
     seeks payment of the daily subsistence allowance and
                                                                            the Staff Regulations.
     reimbursement of travel costs.
                                                                      3 . Orders the Commission to pay the costs.
2 . Annuls the Commission 's decision of IS September
     1994 inasmuch as it refuses to grant the applicant the           (') OJ No C 229 , 2 . 9 . 1995 .
     installation allowance provided for by Article 5 (1 ) of
     Annex VII to the Staff Regulations and to reimburse