CELEX: C1996/158/33
Language: en
Date: 1996-06-01 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 April 1996 in Case T-6/94, A. v. European Parliament (Officials - Unauthorized absence - Remuneration - Article 60 of the Staff Regulations - Inadmissibility)

1 . 6 . 96               EN                  Official Journal of the European Communities                                No C 158/ 13
JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 24 April 1996                                                      of 24 April 1996
in Joined Cases T-551 /93 , T-231/94 , T-232/94 , T-233/94                      in Case T-6/94 , A. v. European Parliament ( )
and T-234/94 Industrias Pesqueras Campos SA and Others                  (Officials — Unauthorized absence — Remuneration —
       v. Commission of the European Communities ( 1 )                      Article 60 of the Staff Regulations — Inadmissibility)
(Community financial aid — Application for compensation                                            ( 96/C 158 /33 )
in the event ofnon-payment — Application for annulment
                  of decisions withdrawing aid)
                            ( 96/C 158 /32 )                                            (Language of the case: Frencb)
                 (Language of the case: Spanisb)                        In Case T-6/94 A, a former official of the European
                                                                        Parliament, residing in Luxembourg, represented by
                                                                        Catherine Thill-Kamitaki , of the Luxembourg Bar, with an
In Joined Cases T-551 /93 , T-231 /94, T-232/94 , T-233/94              address for service in Luxembourg at her Chambers ,
and T-234/94, Industrias Pesqueras Campos SA, a company                 15 Avenue du Bois, v. European Parliament (Agent: Ezio
with its registered office at Vigo ( Spain ), represented in Case       Perillo ) — application for an order requiring the European
T-551 /93 by Antonio Creus and Xavier Ruiz, both of the                 Parliament to pay to the applicant, pursuant to the fourth
Barcelona Bar, and by José Ramon Garci'a-Gallardo, of the               paragraph of Article 88 of the Staff Regulations of Officials
Burgos Bar, with an address for service in Brussels at the              of the European Communities , the total due in respect of,
Cuatrecasas Chambers , 78 Avenue d'Auderghem, and in                    first, the salary not paid to her by the European Parliament
Case T-233/94 by Santiago Martinez Lage, Rafael                         for the months of December 1990 , February, March, May,
Allendesalazar Corcho and Javier Vias Alonso, all of the                June and half of July 1991 , second, the salary not paid to her
Madrid Bar, with an address for service in Luxembourg at                for the period from 1 August 1991 to 31 December 1992
the Chambers of Aloyse May, 31 Grand-rue, Transacciones                 ( less the partial allowances received by her for that period )
Maritimas SA , Recursos Marinos SA, Makuspesca SA,                      and, third, the allowance to which she considers herself
companies with their registered offices at Vigo ( Spain ),              entitled for leave not taken in 1992 , together with interest
represented by Santiago Martinez Lage, Rafael                           thereon at the rate prescribed by law from the date when
 Allendesalazar Corcho and Javier Vias Alonso , all of the              each payment fell due until the date of actual payment — the
Madrid Bar, with and address for service in Luxembourg at               Court of First Instance ( Second Chamber ), composed
the Chambers of Aloyse May, 31 Grand-rue, against the                   of: H. Kirschner, President, and C. W. Bellamy
 Commission of the European Communities ( Agents :                      and A. Kalogeropoulos, Judges; B. Pastor, Principal
 Francisco Santaolalla, Amparo Alcover and Blanca Vila                  Administrator , for the Registrar , has given a judgment on
 Costa ) — application for, in Case T-551 /93 , compensation            24 April 1996 , in which it:
 for the loss caused to the applicant by the Commission's
 non-payment of the Community financial aid which it had                 1 , dismisses the action as inadmissible;
 granted by its Decision C(89 ) 632/73 of 26 April 1989 ( file
 No ES/545/89/01 ) for the construction of the fishing vessel
 ' Escualo', and , in Cases T-231 /94 , T-232/94 , T-233/94 and         2 , orders the parties to bear their own costs, including
 T-234/94, for the annulment, respectively, of Commission                     those relating to the application for interim measures.
 Decisions C(94 ) 670/ 1 , C(94 ) 670/2 , C(94 ) 670/3 and C(94 )
 670/4, whereby the Commission withdrew Community
                                                                         (') OJ No C 59 , 26 . 2 . 1994 .
 financial aid granted to each of the four applicants for the
 construction of fishing vessels and required three of the
 applicants to repay the amounts already paid — the Court of
 First Instance ( Fourth Chamber ), composed of: K. Lenaerts,
 President, P. Lindh and A. Potocki, Judges; J. Palacio
 Gonzalez, Administrator, for the Registrar, has given a
 judgment on 24 April 1996 in which it:
                                                                          JUDGMENT OF THE COURT OF FIRST INSTANCE
  1 , dismisses the actions for annulment in Cases T-231 /94,                                   of 25 April 1996
       T-232/94 , T-233 /94 and T-234/94 -,                              in Case T-274/94 : Antonio Castellacci v . Commission of
                                                                                         the European Communities C )
                                                                         (Officials — Household allowance — Criterion ofresidence
 2 , dismisses the action for damages in Case T-551 /93;
                                                                         — Allowance for a person treated as a dependent child —
                                                                                          Recovery of undue payment)
  3 , orders the applicants to pay the costs, including those of                                    ( 96/C 158/34 )
       the interim proceedings.
                                                                                         (Language of the case: French)
  (') OJ No C 1 , 4 . 1 . 1994 and OJ No C 218 , 6 . 8 . 1994 .
                                                                         In Case T-274/94 : Antonio Castellacci, an official of the
                                                                         Commission of the European Communities, residing in