You are on page 1of 1

25.7.

98 EN Official Journal of the European Communities C 234/25

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE
of 17 June 1998 of 26 May 1998

in Case T-174/95: Svenska Journalistförbundet v Council in Case T-205/96: Roland Bieber v European
of the European Union (1) Parliament (1)

(Access to information Ð Council Decision 93/731/EC Ð (Officials Ð Belated reinstatement Ð Liability Ð
Refusal of an application for access to Council documents Damage)
Ð Action for annulment Ð Admissibility Ð Title VI of (98/C 234/49)
the Treaty on European Union Ð Scope of the exception
concerning the protection of public security Ð
Confidentiality of the Council's proceedings Ð Statement (Language of the case: French)
of reasons Ð Publication of the defence on the Internet Ð
Abuse of procedure) In Case T-205/96: Roland Bieber, an official of the
European Parliament, residing in Brussels, represented by
(98/C 234/48)
Georges Vandersanden, of the Brussels Bar, with an
address for service in Luxembourg at the offices of
Fiduciaire Myson SaÁrl, 30 Rue de Cessange, v European
(Language of the case: English)
Parliament (Agent: Evelyn Waldherr) Ð application, first,
for annulment of the decision of 18 October 1995
implicitly rejecting the applicant's request for
In Case T-174/95: Svenska Journalistförbundet, established
reinstatement following the conclusion of his period of
in Stockholm, represented by Onno W. Brouwer, of the
leave on personal grounds and compensation for the
Amsterdam Bar, and FreÂdeÂric P. Louis, of the Brussels Bar,
damage allegedly resulting from his non-reinstatement
assisted by Deirdre Curtin, Professor at the University of
and, second, for compensation for the damage allegedly
Utrecht, with an address for service in Luxembourg at the
caused by the delay in his reinstatement Ð the Court of
Chambers of Loesch and Wolter, 11 Rue Goethe,
First Instance (Fifth Chamber), composed of: J. Azizi,
supported by Kingdom of Sweden (Agent: Lotty
President, R. García-Valdecasas and M. Jaeger, Judges; J.
Nordling), Kingdom of Denmark (Agents: Peter Biering
Palacio GonzaÂlez, Administrator, for the Registrar, has
and Laurids Mikñlsen), and Kingdom of the Netherlands
given a judgment on 26 May 1998, in which it:
(Agents: Marc Fierstra and Johannes Steven van den
Oosterkamp) against Council of the European Union
(Agents: Giorgio Maganza and Diego Canga Fano), 1. Annuls the decision implicitly rejecting the request for
supported by French Republic (Agents: Catherine de Salins reinstatement and compensation lodged by the
and Denys Wibaux), and United Kingdom of Great Britain applicant on 18 October 1995;
and Northern Ireland (Agent: John Collins) Ð application
for the annulment of the Council's decision of 6 July 1995
2. Orders the Parliament to compensate the applicant for
refusing the applicant access to certain documents
the material damage suffered by him as a result of his
concerning the European Police Office (Europol),
not having been reinstated with effect from 1 January
requested under Council Decision 93/731/EC of
1995 in Grade A 3, step 6, as a legal adviser in the
20 December 1993 on public access to Council documents
Parliament, that post having been advertised in
(OJ L 340 of 31.12.1993, p. 43) Ð the Court of First
Vacancy Notice No 7580 of 5 December 1994;
Instance (Fourth Chamber, Extended Composition),
composed of: K. Lenaerts, President, P. Lindh, J. Azizi,
J. D. Cooke and M. Jaeger, Judges; H. Jung, Registrar, has 3. Declares that the sum payable to the applicant by way
given a judgment on 17 June 1998, in which it: of compensation for his loss of income from
employment is equivalent to the difference between,
on the one hand, the net remuneration which he
1. Annuls the Council's decision of 6 July 1995 refusing would have received between 1 January 1995 and
the applicant access to certain documents relating to 8 March 1996 and, on the other hand, the total net
the European Police Office (Europol); income received by him in the performance of other
activities;

2. Orders the Council to pay two-thirds of the 4. Orders that there be added to that sum an amount
applicant's costs as well as its own costs; corresponding to the loss resulting from the absence of
automatic advancement in step;
3. Orders the Kingdom of Denmark, the French
Republic, the Kingdom of the Netherlands, the 5. Orders that interest on the total sums specified in
Kingdom of Sweden and the United Kingdom of Great points 3 and 4 above be paid at the annual rate of
Britain and Northern Ireland to bear their own costs. 4.5 % in respect of the period from 12 December 1996
to the date when payment is received the applicant;
(1) OJ C 299 of 11.11.1995.
6. Orders the Parliament to re-establish the applicant's
pension rights in such a way as to make up for the
difference between the pension rights to which he