CELEX: C2001/108/28
Language: en
Date: 2001-04-07 00:00:00
Title: Judgment of the Court of First Instance of 13 December 2000 in Joined Cases T-110/99 and T-260/99: F v European Parliament (Officials — Absences — Production of medical certificates — Failure by the person concerned to attend for medical check-ups — Sick leave deducted from annual leave entitlement — Action for annulment — Applications for compensation)

7.4.2001                 EN                     Official Journal of the European Communities                                            C 108/17
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 13 December 2000                                                       of 12 December 2000
in Joined Cases T-110/99 and T-260/99: F v European                        in Case T-223/99: Luc Dejaiffe v Office for Harmonisation
                             Parliament (1)                                in the Internal Market (Trade Marks and Designs)
                                                                                                        (OHIM) (1)
(Officials — Absences — Production of medical certificates
— Failure by the person concerned to attend for medical
check-ups — Sick leave deducted from annual leave                          (Members of the temporary staff — Early termination of a
entitlement — Action for annulment — Applications for                      fixed-term contract of employment of a member of the
                             compensation)                                 temporary staff — Interests of the service — Manifest error
                                                                           of assessment — Misuse of powers — Non-contractual
                                                                                              liability of the Community)
                           (2001/C 108/28)
                                                                                                    (2001/C 108/29)
                     (Language of the case: French)
                                                                                               (Language of the case: French)
In Joined Cases T-110/99 and T-260/99: F, an official of the
European Parliament, residing at Bertrange (Luxembourg),
represented by L. Mosar, S. Kersch and P. Goergen, of the                  In Case T-223/99: Luc Dejaiffe, an official of the Commission
Luxembourg Bar, with an address for service in Luxembourg                  of the European Communities, residing at Nivelles (Belgium),
at the Chambers of Mr Mosar, 8 Rue Notre-Dame, v European                  represented by G. Vandersanden, of the Brussels Bar, with an
Parliament (Agent: M. Moore) — application, first, for annul-              address for service in Luxembourg at the offices of Fiduciaire
ment of three decisions of the Parliament deducting from the               Myson SARL, 30 Rue de Cessange, v Office for harmonisation
applicant’s annual leave entitlement absences on account of                in the Internal Market (Trade Marks and Designs) (OHIM)
sickness regarded as irregular and, second, for compensation               (Agents: O. Montaldo and J.P. Miranda de Sousa) — application
for the non-material damage allegedly resulting from those                 for annulment of the decision of the Office for Harmonisation
decisions and from the conduct of the Parliament — the Court               in the Internal Market (Trade Marks and Designs) of 21 Decem-
of First Instance (Second Chamber), composed of: J. Pirrung,               ber 1998 terminating the applicant’s contract as a member of
President, and A. Potocki and A.W.H. Meij, Judges; G. Herzig,              the temporary staff, for compensation for the damage suffered
Administrator, for the Registrar, has given a judgment on                  and for an order requiring the Office to re-establish the
13 December 2000, in which it:                                             applicant in his career — the Court of First Instance (Third
                                                                           Chamber), composed of: K. Lenaerts, President, and J. Azizi
1.    Dismisses as inadmissible the application for annulment in           and M. Jaeger, Judges; J. Palacio González, Administrator, for
      Case T-110/99, inasmuch as it is directed against the decision       the Registrar, has given a judgment on 12 December 2000, in
      of 28 January 1999;                                                  which it:
2.    Annuls the decisions of 16 September 1998 and 22 April               1.    Annuls the decision of the President of the Office for Harmonis-
      1999;                                                                      ation in the Internal Market (Trade Marks and Designs) of
                                                                                 21 December 1998 terminating the applicant’s contract as a
                                                                                 member of the temporary staff;
3.    Dismisses the applications for compensation;
                                                                           2.    Orders the Office for Harmonisation in the Internal Market
4.    Orders the Commission to bear its own costs and to pay one                 (Trade Marks and Designs) to pay to the applicant a sum
      half of the costs of the applicant;                                        corresponding, in respect of the period from 16 February 1999
                                                                                 to 30 November 1999 inclusive, to the difference between the
                                                                                 monthly salary which he would have received from the Office
5.    Orders the applicant to bear one half of her own costs.                    and that paid following his reinstatement in the Commission,
                                                                                 less the termination compensation paid by the Office to the
                                                                                 applicant pursuant to Article 47(1) of the Conditions of
                                                                                 employment of other servants of the European Communities;
(1) OJ C 226 of 7.8.1999; OJ C 366 of 18.12.1999.
                                                                           3.    Orders the Office for Harmonisation in the Internal Market
                                                                                 (Trade Marks and Designs) to pay to the applicant the token
                                                                                 sum of 1 euro by way of compensation for the non-material
                                                                                 damage suffered by him;