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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;