Judgment of the Court of First Instance of 5 December 2000 in Case T-197/99: Anthony Gooch v Commission of the European Communities (Officials — Action for annulment — Non-contractual liability of the Community — Place of recruitment — Withdrawal of an administrative act — Presumption of legality of an administrative act)
Date: 2001-04-21
Institutions: Court of First Instance
Subjects: European Commission, European official, VAT, action for annulment (EU), motor car

C 118/34

EN

Official Journal of the European Communities

21.4.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 December 2000

of 5 December 2000

in Case T-105/99: Council of European Municipalities
and Regions (CEMR) v Commission of the European
Communities (1)

(Community law — Principle of effectiveness of Community
law — Principle of sound financial management — Set-off
between a debt owed to the Commission and sums payable
by way of Community contributions)

in Case T-197/99: Anthony Gooch v Commission of the
European Communities (1)

(Officials — Action for annulment — Non-contractual
liability of the Community — Place of recruitment —
Withdrawal of an administrative act — Presumption of
legality of an administrative act)

(2001/C 118/97)

(Language of the case: French)

In Case T-105/99: Council of European Municipalities and
Regions (CEMR), having its registered office in Paris, represent-
ed by F. Herbert and F. Renard, of the Brussels Bar, with an
address for service in Luxembourg at
the Chambers of
K. Manhaeve, 56-58 Rue Charles Martel, against Commission
of the European Communities (Agents: P. Oliver, K. Simonsson
and W. Neirinck) — application for annulment of the decision
of the Commission, contained in the letter of 15 February
1999 to the applicant, effecting set-off between their mutual
claims — the Court of First
Instance (Fourth Chamber),
composed of: V. Tiili, President, R.M. Moura Ramos and
P. Mengozzi, Judges; G. Herzig, Administrator, for the Regis-
trar, has given a judgment on 14 December 2000, in which it:

1. Annuls the decision of the Commission, contained in the letter
of 15 February 1999 to the applicant, effecting set-off between
their mutual claims;

2. Orders the Commission to pay all the costs.

(2001/C 118/98)

(Language of the case: French)

In Case T-197/99: Anthony Gooch, an official of the Com-
mission of the European Communities, residing in Brussels,
represented by J.-N. Louis, G.-F. Parmentier and V. Peere, of
the Brussels Bar, with an address for service in Luxembourg
care of Société de Gestion Fiduciaire, 13 Avenue du Bois, v
Commission of the European Communities (Agent: C. Berardis-
for annulment of the Com-
Kayser) — application, first,
mission’s decision of 7 August 1998 rejecting a request for
compensation by the applicant and, second, for compensation
for the material damage allegedly suffered — the Court of First
Instance (Fifth Chamber), composed of: R. Garcı´a-Valdecasas,
President, and P. Lindh and J.D. Cooke, Judges; J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 5 December 2000, in which it:

1. Annuls the Commission’s decision of 7 August 1998 rejecting

the applicant’s request for compensation;

2. Orders the Commission to pay to the applicant damages in the
sum of BEF 154 109 by way of compensation for the material
damage suffered by him, together with default interest thereon
at the annual rate of 6,75 % from 28 April 1998;

3. Orders the Commission to pay the costs.

(1) OJ C 246 of 28.8.1999.

(1) OJ C 333 of 20.11.1999.