T-139/89
ECLI:EU:T:1990:54
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- Všeobecný súd Európskej únie
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- 61989TJ0139
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JUDGMENT OF 26. 9. 1990 —CASE T-139/89
Where it is not in dispute that the 3. As the provisions relating to the complaint emanated from the official, carrying-over of annual leave from one who also defined its scope, a requirement calendar year to the next nowhere that the official sign the complaint specify how and when the proof of drafted by his lawyer would constitute a 'reasons [arising from] the requirements wholly unreasonable formality lacking in of the service' justifying the any legislative basis and alien to the spirit carrying-over of more than 12 days' of the case-law. leave must be furnished, a challenge concerning such carrying-over cannot have any object other than the existence of such reasons.
2. The lawyer acting for a party is not 4. The administration may not put forward required to produce a duly executed an official's absences on account of authority to act, subject to proof, if chal illness where these are not the subject of lenged, that he is so authorized (see any contestation on its part, as a ground judgment in Case 14/64 Gualco v High for depriving him of his entitlement to Authority [1965] ECR XI-4, p. 2). full annual leave.
JUDGMENT OF THE COURT OF FIRST INSTANCE ( Third Chamber ) 26 September 1990 *
In Case T-139 / 89 ,
Gabriella Virgili-Schettini, a former member of the temporary staff of the European Parliament , residing at Mamer ( Grand-Duchy of Luxembourg ), repre sented by Vic Elvinger, of the Luxembourg Bar, with an address for service in Luxembourg at the latter's Chambers , 4 rue Tony-Neuman ,
applicant,
v
European Parliament, represented by Jorge Campinos , Jurisconsult, and Manfred Peter , Head of Division, acting as Agents , with an address for service in Luxembourg at the General Secretariat of the European Parliament , Kirchberg ,
defendant,
* Language of the case: French.
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VIRGILI-SCHETTINI v PARLIAMENT
APPLICATION for the annulment of the defendant's decision of 1 February 1989 refusing to compensate the applicant for 75 days of leave not taken on termination of her service,
THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES (Third Chamber)
composed of: A. Saggio, President, B. Vesterdorf and K. Lenaerts, Judges,
(the grounds of the judgment are not reproduced)
hereby:
(1) Annuls the decision of the European Parliament of 1 February 1989 in so far as it concerns the carrying-over of leave pursuant to the first paragraph of Article 4 of Annex V to the Staff Regulations;
(2) Orders the European Parliament to pay to Gabriella Virgili-Schettini compen- sation equivalent to 27 days of unused leave, to be calculated in accordance with the second paragraph of Article 4 of Annex V to the Staff Regulations;
(3) Dismisses the remainder of the application;
(4) Orders the European Parliament to pay all the costs.
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