Notice for the OJ

 

Judgment of the Court of First Instance of 23 January 2002 in Case T-237/00 Patrick Reynolds v European Parliament¹

(Officials - Secondment in the interests of the service - Article 38 of the Staff Regulations - Political group - Early termination of secondment - Rights of the defence - Non-contractual liability of the Community)

    (Language of the case: French)

In Case T-237/00: Patrick Reynolds, an official of the European Parliament, residing in Brussels, represented by P. Legros and S. Rodrigues, lawyers, with an address for service in Luxembourg, against European Parliament (Agents: H. von Hertzen and D. Moore) - application for, first, annulment of the decision of 18 July 2000 of the Secretary-General of the Parliament terminating the applicant's secondment in the interests of the service to the political group "Europe of Democracies and Diversities" and reinstating him in the directorate-General for Information and public Relations and, second, damages in respect of the harm sustained by the applicant as a result of the adoption of that decision by the defendant and of the acts of the political group and certain of its members - the Court of First Instance (Third Chamber), composed of M. Jaeger, President, K. Lenaerts and J. Azizi, Judges; J. Plingers, administrator, for the Registrar, gave a judgment on 23 January 2002, in which it:

Annuls the decision of 18 July 2000 of the Secretary-General of the Parliament terminating the applicant's secondment in the interests of the service to the political group EDD and reinstating him in the Directorate-General for Information and Public relations with effect from 15 July 2000;

Orders the Parliament to pay the applicant a sum corresponding to the difference between the remuneration which he should have received as an official on secondment in Grade A2, Step 1, and that which he received following his reinstatement in Grade LA5, Step 3, for the period 15 July 2000 to 30 November 2000, plus default interest at the rate of 5.25% from the date on which the amounts making up the sum referred to in paragraph 149 were payable until the date of actual payment;

Declares the action for damages inadmissible in so far as the applicant seeks compensation for the harm caused by the conduct, not involving the taking of decisions, of the EDD group and certain of its members;

Orders the Parliament to pay the applicant the sum of 1 euro by way of symbolic damages for the non-pecuniary harm sustained as a result of the adoption of the contested decision;

Orders the Parliament to pay all the costs of the main proceedings;

Orders the parties to bear their own costs in the interlocutory proceedings.

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¹ - OJ No C 302, 21.10.00