T-128/89

JUDGMENT OF 16. 10. 1990 —CASE T-128/89

making its assessment, the latter has 3. It is established case-law that a decision remained within reasonable limits and is vitiated by a misuse of powers only if it has not used its power in a manifestly appears, on the basis of objective, incorrect way (see the judgment in Case relevant and consistent evidence, to have 111/86 Delauche v Commission [1987] been taken for purposes other than those ECR 5345). stated.

JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) 16 October 1990 *

In Case T-128/89,

Christian Brumter, a former official of the Council, an official of the Commission of the European Communities, residing in Brussels, represented by Jean-Pierre Spitzer, of the Paris Bar, with an address for service in Luxembourg at the Chambers of Aloyse May, 31 Grand-Rue,

applicant,

BRUMTER v COUNCIL

THE COURT OF FIRST INSTANCE (Fourth Chamber)

composed of D. A. O. Edward, President, R. Schintgen and R. García-Valdecasas, Judges,

(The grounds of the judgment are not reproduced.)

hereby:

(1) Dismisses the application;