Judgment of the Court of 6 March 2001 in Case C-274/99 P: Bernard Connolly v Commission of the European Communities (Appeal — Officials — Disciplinary proceedings — Articles 11, 12 and 17 of the Staff Regulations — Freedom of expression — Duty of loyalty — Conduct reflecting on an official's position)
Date: 2001-06-16
Institutions: Court of Justice
Subjects: European Commission, European official, action for annulment (EU), administrative sanction, appeal, regulations for civil servants

16.6.2001

EN

Official Journal of the European Communities

C 173/13

judgment set aside, the other party to the proceedings being:
Commission of the European Communities (Agents: G. Valses-
ia, and J. Currall, assisted by D. Waelbroeck) — the Court,
composed of G.C. Rodrı´guez Iglesias, President, C. Gulmann,
A. La Pergola, M. Wathelet
(Rapporteur) and V. Skouris
(Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet,
P. Jann, L. Sevo´ n, R. Schintgen and N. Colneric, Judges; D. Ruiz-
Jarabo Colomer, Advocate General; R. Grass, Registrar, has
given a judgment on 6 March 2001, in which it:

1. Dismisses the appeal;

2. Orders Mr Connolly to pay the costs.

(1) OJ C 299 of 16.10.1999.

1. Dismisses the appeal;

2. Orders Mr Connolly to pay the costs.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT

of 6 March 2001

in Case C-274/99 P: Bernard Connolly v Commission of
the European Communities (1)

(Appeal — Officials — Disciplinary proceedings —
Articles 11, 12 and 17 of the Staff Regulations — Freedom
of expression — Duty of loyalty — Conduct reflecting on an
official’s position)

(2001/C 173/21)

(Language of the case: French)

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

In Case C-274/99 P: Bernard Connolly, a former official of
the Commission of the European Communities, residing in
London, United Kingdom, represented by J. Sambon and
P.-P. van Gehuchten, avocats, with an address for service in
Luxembourg, appeal against the judgment of the Court of First
Instance of the European Communities (First Chamber) of
19 May 1999 in Joined Cases T-34/96 and T-163/96 Connolly
v Commission [19991 ECR-SC I-A-87 and II-463, seeking to
have that judgment set aside, the other party to the proceedings
being: Commission of the European Communities (Agents:
G. Valsesia and J. Currall, assisted by D. Waelbroeck) —
the Court, composed of: G.C. Rodrı´guez Iglesias, President,
C. Gulmann, A. La Pergola, M. Wathelet (Rapporteur) and
V. Skouris
(Presidents of Chambers), D.A.O. Edward,
J.-P. Puissochet, P. Jann, L. Sevo´ n, R. Schintgen and N. Colneric,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, has given a judgment on 6 March 2001, in which it:

JUDGMENT OF THE COURT

(Fifth Chamber)

of 8 March 2001

in Joined Cases C-397/98 and C-410/98 (reference for a
preliminary ruling from the High Court of Justice of
England and Wales, Chancery Division): Metallgesellschaft
Ltd and Others (C-397/98), Hoechst AG, Hoechst UK Ltd
(C-410/98) v Commissioners of Inland Revenue, H.M.
Attorney General (1)

(Freedom of establishment — Free movement of capital —
Advance payment of corporation tax on profits distributed
by a subsidiary to its parent company — Parent company
having its seat in another Member State — Breach of
Community law — Action for restitution or action for
damages — Interest)

(2001/C 173/22)

(Language of the case: English)

In Joined Cases C-397/98 and C-410/98: reference to the
Court under Article 177 of the EC Treaty (now Article 234
EC) from the High Court of Justice of England and Wales,
Chancery Division, (United Kingdom) for a preliminary ruling
in the proceedings pending before that court between Metallge-
sellschaft Ltd and Others (C-397/98), Hoechst AG, Hoechst
UK Ltd (C-410/98) and Commissioners of Inland Revenue,
H.M. Attorney General — on the interpretation of Articles 6
and 52 of the EC Treaty (now, after amendment, Articles 12
EC and 43 EC), Article 58 of the EC Treaty (now Article 48
EC) and/or Article 73b of the EC Treaty (now Article 56 EC)
— the Court (Fifth Chamber), composed of: A. La Pergola,
President of
(Rapporteur),
the Chamber, M. Wathelet
D.A.O. Edward, P. Jann and L. Sevo´ n, Judges; N. Fennelly,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 8 March 2001, in which it has ruled: