Judgment of the Court of First Instance of 30 May 2002 in Case T-197/00: Hubert Onidi v Commission of the European Communities (Officials — Disciplinary measures — Removal from post with reduction of pension entitlement — Actions falling within the field of corruption — Right to a fair hearing — Principle of proportionality)
Date: 2002-08-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), disciplinary proceedings, fraud against the EU, management

C 191/24

EN

Official Journal of the European Communities

10.8.2002

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 6 June 2002

of 30 May 2002

in Case T-342/99: Airtours plc v Commission of the
European Communities (1)

in Case T-197/00: Hubert Onidi v Commission of the
European Communities (1)

(Competition — Regulation (EEC) No 4064/89 — Decision
declaring a concentration to be incompatible with the com-
mon market — Application for annulment — Relevant
market — Collective dominant position — Proof)

(Officials — Disciplinary measures — Removal from post
with reduction of pension entitlement — Actions falling
within the field of corruption — Right to a fair hearing —
Principle of proportionality)

(2002/C 191/40)

(Language of the case: English)

(2002/C 191/41)

(Language of the case: French)

for

annulment

In Case T-342/99, Airtours plc, represented by J. Swift QC and
R. Anderson, Barristers, M. Nicholson, J. Holland and A. Gomes
da Silva, Solicitors, with an address for service in Luxembourg,
v Commission of the European Communities (Agent: R. Lyal):
Application
of Commission Decision
C(1999)3022 final of 22 September 1999 declaring a concen-
tration to be incompatible with the common market and the
EEA Agreement (Case IV/M.1524 — Airtours/First Choice),
published under number 2000/276/EC (OJ 2000 L 93, p. 1),
the Court of First Instance (Fifth Chamber, Extended Compo-
sition), composed of: P. Lindh, President, R. Garcı´a-Valdecasas,
J.D. Cooke, M. Vilaras and N.J. Forwood, Judges; J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 6 June 2002, in which it:

1. Annuls Commission Decision C(1999) 3022 final of 22 Sep-
tember 1999 declaring a concentration to be incompatible with
the common market and the EEA Agreement
(Case IV/
M.1524 — Airtours/First Choice);

In Case T-197/00: Hubert Onidi, a former official of the
Commission of the European Communities, residing at Roque-
fort-les-Pins (France), represented by J.-N. Louis and V. Peere,
avocats, with an address for service in Luxembourg, v Com-
J. Currall
mission of the European Communities (Agents:
and D. Waelbroeck) — application for annulment of the
Commission’s decision of 29 July 1999 imposing on the
applicant the penalty of removal from post with a one-third
reduction in his retirement pension entitlement, and of the
Commission’s letter of 27 July 1999 rejecting the applicant’s
request for the re-opening of the disciplinary procedure — the
Court of First Instance (Third Chamber), composed of: M. Jaeg-
er, President, and K. Lenaerts and J. Azizi, Judges; J. Plingers,
Administrator, for the Registrar, has given a judgment on
30 May 2002, in which it:

1. Dismisses the action;

2. Orders the Commission to pay its own costs and those incurred

by the applicant.

2. Orders the parties to bear their own costs.

(1) OJ C 79 of 18.3.2000.

(1) OJ C 285 of 7.10.2000.