Judgment of the Court (Fifth Chamber) of 9 November 2000 in Case C-207/99 P: Commission of the European Communities v Claudine Hamptaux (Appeal — Officials — Promotion — Consideration of comparative merits)
Date: 2001-01-27
Institutions: Court of Justice
Subjects: European Commission, appeal, assistant, power to appoint, promotion

C 28/6

EN

Official Journal of the European Communities

27.1.2001

(Labour Court, Turin), Italy, for a preliminary ruling in the
proceedings pending before that court between Roberto Vitari
and European Training Foundation — on the interpretation of
Article 79 of the Conditions of Employment of other Servants
of the European Communities — the Court, (Fifth Chamber),
the Chamber,
composed of: A. La Pergola, President of
M. Wathelet
Jann and
L. Sevo´ n, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 9 November
2000, in which it has ruled:

(Rapporteur), D.A.O. Edward, P.

On a proper construction of Article 79 of
the Conditions of
Employment of other Servants of the European Communities, that
provision precludes the possibility for a Community institution to
conclude a fixed-term contract of employment with a member of its
local staff where that is contrary to its own rules applicable to the
conditions of employment of local staff and drawn up in accordance
with the rules and practice of the State in which the duties are
performed. It is therefore for the national court to determine whether,
in accordance with Article 3 of the rules governing the conditions of
employment of local staff serving in Italy adopted by the Commission,
the circumstances surrounding the work, or the nature of that work,
made it necessary for the local-staff contract between the parties to
the main proceedings to be concluded for a fixed term. If not, it is for
into a contract of
the national court
employment for an indefinite period.

that contract

to convert

(1) OJ C 204 of 17.7.1999.

— application for partial annulment of Commission Decision
1999/187/EC of 3 February 1999 on the clearance of the
accounts presented by the Member States in respect of the
expenditure for 1995 of the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (OJ 1999 L 61,
p. 37) in so far as it excludes from Community financing
expenditure of GBP 869 283 incurred in the United Kingdom
under the scheme established by Commission Regulation (EEC)
No 1164/89 of 28 April 1989 laying down detailed rules
concerning the aid for fibre flax and hemp (OJ 1989 L 121,
p. 4) — the Court (Fifth Chamber), composed of: D.A.O.
Edward, acting as President of the Fifth Chamber, L. Sevo´ n
and P. Jann (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 9 November 2000, in which it:

1. Annuls Commission Decision 1999/187/EC of 3 February
1999 on the clearance of the accounts presented by the Member
States in respect of the expenditure for 1995 of the Guarantee
Section of the European Agricultural Guidance and Guarantee
in so far as it excludes from Community financing
Fund,
expenses of GBP 869 283 incurred in the United Kingdom of
Great Britain and Northern Ireland under the scheme estab-
lished by Commission Regulation (EEC) No 1164/89 of
28 April 1989 laying down detailed rules concerning the aid
for fibre flax and hemp;

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 188 of 3.7.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 November 2000

JUDGMENT OF THE COURT

(Fifth Chamber)

of 9 November 2000

in Case C-148/99: United Kingdom of Great Britain
and Northern Ireland v Commission of the European
Communities (1)

in Case C-207/99 P: Commission of the European Com-
munities v Claudine Hamptaux (1)

(EAGGF — Clearance of accounts — 1995 financial year
— Regulation (EEC) No 1164/89 — Aid for fibre flax and
hemp)

(2001/C 28/10)

(Language of the case: English)

(Appeal — Officials — Promotion — Consideration of
comparative merits)

(2001/C 28/11)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-148/99: United Kingdom of Great Britain and
Northern Ireland (Agent: J.E. Collins, assisted by A. Sutton) v
Commission of the European Communities (Agent: P. Oliver)

In Case C-207/99 P: Commission of the European Communi-
ties (Agents: C. Berardis-Kayser and F. Duvieusart-Clotuche and

27.1.2001

EN

Official Journal of the European Communities

C 28/7

D. Waelbroeck) APPEAL against the judgment of the Court of
First Instance of the European Communities (Fourth Chamber)
of 25 March 1999 in Case T-76/98 Hamptaux v Commission
[1999] ECR-SC I-A-59 and II-303, seeking to have that
judgment set aside, the other party to the proceedings being
Claudine Hamptaux an official of the Commission of the
European Communities, residing in Brussels (Belgium), rep-
resented by L. Vogel, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of C. Kremer, 6 Rue
Heinrich Heine — the Court (Fifth Chamber), composed of:
A. La Pergola, President of the Chamber, M. Wathelet (Rappor-
teur), D.A.O. Edward, P. Jann and L. Sevo´ n, Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment
on 9 November 2000, in which it:

1. Dismisses the appeal;

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 246 of 28.8.1999.

1. Orders Hitesys SpA to repay to the Commission of the European
Communities the sum of EUR 132 500, together with default
interest calculated in accordance with the second subparagraph
of Article 8(4) of the general conditions forming Annex II to
Contract JOU2-CT93-0417 from 8 January 1994 until full
payment of the debt;

2. Orders Hitesys SpA to pay the costs.

(1) OJ C 6 of 8.1.2000.

JUDGMENT OF THE COURT

(First Chamber)

of 14 November 2000

JUDGMENT OF THE COURT

(Third Chamber)

of 9 November 2000

in Case C-356/99: Commission of the European Communi-
ties v Hitesys SpA (1)

(Arbitration clause — Non-performance of contract —
Recovery of moneys advanced — Procedure in default of
defence)

(2001/C 28/12)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-356/99: Commission of the European Communities
(Agents: E. de March and A. Dal Ferro) v Hitesys SpA,
established in Aprilia (Italy) — application by the Commission
of the European Communities under Article 238 EC to recover
moneys advanced in relation to Contract JOU2-CT93-0417,
which was terminated by the applicant on the ground of the
defendant’s failure to perform its contractual obligations
— the Court (Third Chamber), composed of: C. Gulmann
(Rapporteur), President of the Chamber, J.-P. Puissochet and
F. Macken, Judges; A. Saggio, Advocate General; R. Grass,
Registrar, has given a judgment on 9 November 2000, in
which it:

in Case C-142/99 (reference for a preliminary ruling
from the Tribunal de Première Instance de Tournai):
Floridienne SA, Berginvest SA v Belgian State (1)

(Sixth VAT Directive — Deduction of input tax — Undertak-
ing subject to tax on only one part of its operations —
Deductible proportion — Calculation — Holding company
collecting share dividends and loan interest from its subsidi-
aries — Involvement in management of subsidiaries)

(2001/C 28/13)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-142/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunal de
Première Instance (Court of First Instance), Tournai, Belgium,
for a preliminary ruling in the proceedings pending before that
court between Floridienne SA, Berginvest SA and Belgian State
— on the interpretation of Article 19 of the Sixth Council
Directive 77/388/EEC of 17 May 1977 on the harmonisation
of the laws of the Member States relating to turnover taxes —
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1) — the Court (First Chamber),
composed of: M. Wathelet, President of the Chamber, P. Jann
and L. Sevo´ n (Rapporteur),
Judges; N. Fennelly, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 14 November 2000, in which it has
ruled: