Judgment of the Court (Fifth Chamber) of 11 January 2001 in Case C-459/98 P: Isabel Martínez del Peral Cagigal v Commission of the European Communities (Appeal — Officials — Application for review of classification in grade — Action — Expiry of time-limits — New material fact — Equal treatment)
Date: 2001-06-02
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), administrator, appointment of staff, equal treatment, staff assessment

C 161/2

EN

Official Journal of the European Communities

2.6.2001

e Penale di Cagliari (Civil and Criminal District Court, Cagliari),
Italy, for a preliminary ruling in the proceedings pending
before that court between Agricola Monte Arcosu Srl and
Regione Autonoma della Sardegna, Organismo Comprensoria-
le No 24 della Sardegna, Ente Regionale per l’Assistenza
Tecnica in Agricoltura (ERSAT) — on the interpretation of
Article 2(5) of Council Regulation (EEC) No 797/85 of
12 March 1985 on improving the efficiency of agricultural
structures (OJ 1985 L 93, p. 1) and of Article 5(5) of Council
Regulation (EEC) No 2328/91 of 15 July 1991 on improving
the efficiency of agricultural structures (OJ 1991 L 218, p. 1)
— the Court (Sixth Chamber), composed of: C. Gulmann,
President of the Chamber, V. Skouris and F. Macken (Rappor-
teur), Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
11 January 2001, in which it has ruled:

B. Uriarte Valiente, Avocats — application for an appeal
against the order of the Court of First Instance of the European
Communities (First Chamber) of 14 October 1998 in Case
T-224/97 Martı´nez del Peral Cagigal v Commission [1998]
ECR-SC I-A-581 and II-1741, seeking to have that order set
aside: Commission of the European Communities (Agents:
J. Guerra Fernandez and F. Duvieusart-Clotuche) — the Court
(Fifth Chamber), composed of: D.A.O. Edward, acting as
President of the Chamber, P. Jann and L. Sevo´ n (Rapporteur),
Judges; P. Léger, Advocate General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 11 January 2001,
in which it:

1.

Sets aside the order of the Court of First Instance of the
European Communities of 14 October 1998 in Case
T-224/97 Martı´nez del Peral Cagigal v Commission;

The last subparagraph of Article 2(5) of Council Regulation (EEC)
No 797/85 of 12 March 1985 on improving the efficiency of
agricultural structures and the last subparagraph of Article 5(5) of
Council Regulation (EEC) No 2328/91 of 15 July 1991 on
improving the efficiency of agricultural structures may not be relied
on before a national court by limited companies seeking to obtain the
status of farmers practising farming as their main occupation where
the legislature of a Member State has not adopted the provisions
necessary for their implementation in the national legal system.

(1) OJ C 20, 23.1.1999.

2. Annuls the decision of

the Commission of

the European
Communities of 24 October 1996 rejecting Mrs Martı´nez del
Peral Cagigal’s request for a review of her classification in grade,
upheld by the decision of the Commission of 29 April 1997
rejecting the complaint lodged on 23 January 1997;

3. Orders the Commission of the European Communities to bear
all the costs of the proceedings before the Court of First Instance
and the Court of Justice.

(1) OJ C 48, 20.2.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 January 2001

in Case C-459/98 P: Isabel Martı´nez del Peral Cagigal v
Commission of the European Communities (1)

(Appeal — Officials — Application for review of classifi-
cation in grade — Action — Expiry of time-limits — New
material fact — Equal treatment)

(2001/C 161/03)

(Language of the case: Spanish)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 11 January 2001

in Case C-464/98 [reference for a preliminary ruling from
the Landesgericht für Zivilrechtssachen Wien (Austria)]:
Westdeutsche Landesbank Girozentrale v Friedrich Ste-
fan, in the presence of: Republik O¨ sterreich (1)

(National rules prohibiting the registration of mortgages in
foreign currencies — Breach of that prohibition before
Community law entered into force in Austria — Interpret-
ation of Article 73b of the EC Treaty (now Article 56 EC)
— Whether Community law can operate to remedy the
registration)

(2001/C 161/04)

(Language of the case: German)

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

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

In Case C-459/98 P: Isabel Martı´nez del Peral Cagigal, an
official of the Commission of the European Communities,
residing in Brussels (Belgium), represented by A. Creus and

In Case C-464/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Landesgericht für
Zivilrechtssachen Wien (Regional Civil Court, Vienna), Austria,