CELEX: C2004/106/117
Language: en
Date: 2004-04-30 00:00:00
Title: Judgment of the Court of First Instance of 1 April2004 in Case T-198/02: N v Commission of the European Communities (Officials— Disciplinary measures — Removal from post without loss of pension rights— Statement of reasons — Rights of the defence — Proportionality — Failureto comply with the time-limits fixed by Article 7 of Annex IX to the StaffRegulations — Article 12, first paragraph, of the Staff Regulations)

30.4.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 106/59
            
         
      JUDGMENT OF THE COURT OF FIRST INSTANCE
   
   of 1 April 2004
   in Case T-198/02: N v Commission of the European Communities (1)
   
   (Officials - Disciplinary measures - Removal from post without loss of pension rights - Statement of reasons - Rights of the defence - Proportionality - Failure to comply with the time-limits fixed by Article 7 of Annex IX to the Staff Regulations - Article 12, first paragraph, of the Staff Regulations)
   (2004/C 106/117)
   Language of the case: French
   In Case T-198/02: N, a former official of the Commission of the European Communities, resident in Asse (Belgium), represented by N. Lhoëst and E. de Schietere de Lophem, lawyers, with an address for service in Luxembourg, against Commission of the European Communities (Agent: J. Currall) – application (1) for annulment of the decision of the appointing authority of the Commission of 25 February 2002 imposing on the applicant the disciplinary measure of removal from post without withdrawal or reduction of entitlement to retirement pension in accordance with Article 86(2)(f) of the Staff Regulations of Officials of the European Communities and (2) for damages – the Court of First Instance (Third Chamber), composed of J. Azizi, President, M. Jaeger and F. Dehousse, Judges; H. Jung, Registrar, gave a judgment on 1 April 2004 in which it:
   
               (1)
            
            
               Orders the Commission to pay the applicant the sum of EUR 700 as compensation for the non-material damage suffered by him;
            
         
               (2)
            
            
               Dismisses the remainder of the action;
            
         
               (3)
            
            
               Orders the Commission to bear its own costs and to pay one-sixth of the applicant's costs of the present proceedings and the proceedings for interim relief;
            
         
               (4)
            
            
               Orders the applicant to bear five-sixths of his costs of the present proceedings and the proceedings for interim relief.
            
         
      (1)  OJ No C 233 of 28.9.2002.