Judgment of the Court of 13 December 2001 in Case C-340/00 P: Commission of the European Communities v Michael Cwik (Appeal — Officials — Article 17, second paragraph, of the Staff Regulations — Freedom of expression — Limits — Statement of reasons)
Date: 2002-02-16
Institutions: Court of Justice
Subjects: European Commission, European official, access to information, action for annulment (EU), dissemination of EU information

16.2.2002

EN

Official Journal of the European Communities

C 44/5

composed of: S. von Bahr, President of the Fourth Chamber,
acting for the President of the Fifth Chamber, D.A.O. Edward,
A. La Pergola, L. Sevo´ n (Rapporteur) and C.W.A. Timmermans,
Judges, Advocate General: C. Stix-Hackl, Registrar: R. Grass,
has given a judgment on 13 December 2001, in which it has
ruled:

Article 5 of Council Regulation (EEC) No 3508/92 of 27 November
1992 establishing an integrated administration and control system
for certain Community aid schemes, read together with Council
Directive 92/102/EEC of 27 November 1992 on the identification
and registration of animals and Articles 6(5) and 13 of Commission
Regulation (EEC) No 3887/92 of 23 December 1992 laying down
detailed rules for applying the integrated administration and control
system for certain Community aid schemes, as amended by Com-
mission Regulation (EC) No 1648/95 of 6 July 1995, must be
interpreted as meaning that entitlement to a compensatory allowance
must be refused, except in cases of force majeure, solely because of the
absence of any entries in the register of animals kept by the farmer.

(1) OJ C 163, 10.6.2000.

l’académie de Reims, intervener: Syndicat général de l’E´ duca-
tion nationale et de la Recherche publique CFDT de la Marne
(SGEN CFDT 51), on the interpretation of Article 119 of the
EC Treaty (Articles 117 to 120 of the EC Treaty have been
replaced by Articles 136 EC to 143 EC), and Council Directive
79/7/EEC of 19 December 1978 on the progressive implemen-
tation of the principle of equal treatment for men and women
in matters of social security (OJ 1979 L 6, p. 24), the Court
(Second Chamber), composed of: N. Colneric, President of the
Chamber, R. Schintgen and V. Skouris (Rapporteur), Judges,
Advocate General: S. Alber, Registrar: R. Grass, has given a
judgment on 13 December 2001, in which it has ruled:

Pensions provided under a scheme such as the French retirement
scheme for civil servants fall within the scope of Article 119 of the
EC Treaty (Articles 117 to 120 of the EC Treaty have been replaced
by Articles 136 EC to 143 EC).

The principle of equal pay for men and women enshrined in
Article 119 of the Treaty is infringed by a provision of national law
such as Article L.24-I-3o(b) of the Civil and Military Retirement
Pensions Code which, in providing that only female civil servants
whose husbands suffer from a disability or incurable illness making
it impossible for them to undertake any form of employment are
entitled to a retirement pension with immediate effect, deprives male
civil servants in the same situation of that right.

JUDGMENT OF THE COURT

(1) OJ C 211, 22.7.2000.

(Second Chamber)

of 13 December 2001

in Case C-206/00 (Reference for a preliminary ruling from
the Tribunal Administratif de Châlons-en-Champagne):
Henri Mouflin v Recteur de l’académie de Reims (1)

(Reference for a preliminary ruling — Social policy — Equal
treatment for men and women — Applicability of Article 119
of the EC Treaty (Articles 117 to 120 of the EC Treaty have
been replaced by Articles 136 EC to 143 EC) or Directive
79/7/EEC — French civil and military retirement pension
scheme — Entitlement to a retirement pension with immedi-
ate effect for women only)

JUDGMENT OF THE COURT

of 13 December 2001

in Case C-340/00 P: Commission of the European Com-
munities v Michael Cwik (1)

(Appeal — Officials — Article 17, second paragraph, of the
Staff Regulations — Freedom of expression — Limits —
Statement of reasons)

(2002/C 44/08)

(Language of the case: French)

(2002/C 44/09)

(Language of the case: French)

(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-206/00: Reference to the Court under Article 234
EC by the Tribunal Aministratif de Châlons-en-Champagne
(France) for a preliminary ruling in the proceedings pending
before that court between Henri Mouflin and Recteur de

In Case C-340/00 P: Commission of the European Communi-
ties (Agent:
J. Currall, assisted by D. Waelbroeck), appeal
against the judgment of the Court of First Instance of the

C 44/6

EN

Official Journal of the European Communities

16.2.2002

European Communities (Fourth Chamber) of 14 July 2000 in
Case T-82/99 Cwik v Commission [2000] ECR-SC I-A-155
and II-713, seeking to have that judgment set aside, the other
party to the proceedings being: Michael Cwik, an official of
the Commission of the European Communities, residing in
Brussels (Belgium), represented by N. Lhoëst, avocat — the
Court, composed of: G.C. Rodrı´guez Iglesias, President, P. Jann,
F. Macken, N. Colneric and S. von Bahr (Presidents of
Chambers), A. La Pergola, J.-P. Puissochet, L. Sevo´ n, M. Wathe-
let (Rapporteur), R. Schintgen and V. Skouris, Judges; Advocate
General: D. Ruiz-Jarabo Colomer, L. Hewlett, Administrator,
for the Registrar, has given a judgment on 13 December 2001,
in which it:

1. Dismisses the appeal;

2. Orders the Commission of the European Communities to pay

the costs.

(1) OJ C 335, 25.11.2000.

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 96/48/EC of 23 July 1996 on the interoperability of
the trans-European high-speed rail system, Ireland has failed to
fulfil its obligations under that directive.

2. Orders Ireland to pay the costs.

(1) OJ C 355, 9.12.2000.

JUDGMENT OF THE COURT

(Third Chamber)

of 13 December 2001

in Case C-446/00 P: Pascual Juan Cubero Vermurie v
Commission of the European Communities (1)

(Appeal — Officials — Promotions — Mobility)

JUDGMENT OF THE COURT

(2002/C 44/11)

(First Chamber)

of 13 December 2001

(Language of the case: French)

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

in Case C-372/00: Commission of the European Communi-
ties v Ireland (1)

(Failure by a Member State to fulfil its obligations —
Directive 96/48/EC — Interoperability of the trans-Euro-
pean high-speed rail system)

(2002/C 44/10)

(Language of the case: English)

In Case C-372/00: Commission of the European Communities
(Agent: M. Wolfcarius) v Ireland (Agent: D.J. O’Hagan) —
application for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with Council Directive 96/48/EC of 23 July 1996 on the
interoperability of the trans-European high-speed rail system
(OJ 1996 L 235, p. 6), Ireland has failed to fulfil its obligations
under that directive — the Court (First Chamber), composed
of: P. Jann, President of the Chamber, L. Sevo´ n (Rapporteur)
and M. Wathelet, Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 13 December
2001, in which it:

In Case C-446/00: Pascual Juan Cubero Vermurie, an official
of the Commission of the European Communities, residing in
Brussels (Belgium), represented by E. Boigelot, avocat —
APPEAL against the judgment of the Court of First Instance of
the European Communities (Fifth Chamber) of 3 October
2000 in Case T-187/98 Cubero Vermurie v Commission
[2000] ECR I-A-195 and II-885, seeking to have that judgment
set aside and the same form of order as that sought by the
appellant at first instance, the other party to the proceedings
being: Commission of the European Communities (Agent:
C. Berardis-Kayser, assisted by B. Wägenbaur) — the Court
(Third Chamber), composed of: C. Gulmann, acting for the
President of the Third Chamber, J.-P. Puissochet and J.N. Cunha
Rodrigues (Rapporteur), Judges; C. Stix-Hackl, Advocate Gen-
eral; L. Hewlett, Administrator, for the Registrar, has given a
judgment on 13 December 2001, in which it:

1. Dismisses the appeal;

2. Orders Mr Cubero Vermurie to pay the costs.

(1) OJ C 45, 10.2.2001.