Joined Cases T-134/03 and T-135/03: Judgment of the Court of First Instance of  27 September 2005  — Common Market Fertilizers v Commission of the European Communities (Remission of import duties — Article 1(3) of Regulation (EC) No 3319/94 — Invoicing direct to importer —  Group of experts  within the meaning of Article 907 of Regulation (EEC) No 2454/93 — Rights of the defence —  Obvious negligence  within the meaning of Article 239 of Regulation (EEC) No 2913/92 — Obligation to state reasons)
Date: 2005-11-26
Institutions: Court of First Instance
Subjects: CCT duties, European Commission, action for annulment (EU), chemical product, customs regulations, nitrogen

26.11.2005

EN

Official Journal of the European Union

C 296/21

Operative part of the judgment

2) Orders the applicant, in addition to bearing its own costs, to pay

those incurred by the Commission.

The Court:

1) Annuls Commission Decision 2003/2/EC of 21 November 2001
relating to a proceeding pursuant to Article 81 EC and Article 53
of the EEA Agreement (Case COMP/E-1/37.512 — Vitamins)
in so far as it concerns the applicants;

(1) OJ C 158, 5.7.2003.

2) Orders the defendant to pay the costs.

(1) OJ C 109 of 4.5.2002.

Judgment of the Court of First Instance of 5 October 2005
— Rasmussen v Commission

(Case T-203/03) (1)

(Officials — False statements concerning mission expenses
— Disciplinary proceedings — Reprimand — Rules on
languages — Medical confidentiality)

Judgment of the Court of First Instance of 27 September
2005 — Common Market Fertilizers v Commission of the
European Communities

(2005/C 296/45)

Language of the case: French

(Joined Cases T-134/03 and T-135/03) (1)

(Remission of import duties — Article 1(3) of Regulation
(EC) No 3319/94 — Invoicing direct to importer — ‘Group
of experts’ within the meaning of Article 907 of Regulation
(EEC) No 2454/93 — Rights of the defence — ‘Obvious
negligence’ within the meaning of Article 239 of Regulation
(EEC) No 2913/92 — Obligation to state reasons)

(2005/C 296/44)

Language of the case: French

Parties

Applicant(s): Common Market Fertilizers (Brussels, Belgium)
(represented by A. Sutton and N. Flandin, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by X. Lewis, Agent)

Application for

Parties

Applicant(s): Lars Bo Rasmussen (Hellerup, Denmark)
sented by: G. Bouneou and F. Frabetti, lawyers)

(repre-

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall and V. Joris and subsequently by V. Joris
and M. Patkova, Agents)

Application for

(i) annulment of the Commission's decision of 1 July 2002
imposing on the applicant the disciplinary measure of a repri-
mand for false statements concerning mission expenses,
(ii)
restitution of amounts recovered pursuant to Article 85 of the
Staff Regulations of Officials of the European Communities and
(iii) compensation for
the non-material damage allegedly
sustained

Operative part of the judgment

The Court:

1) Dismisses the action;

annulment of Commission Decisions C (2002) 5217 final and
C (2002) 5218 final of 20 December 2002 finding that the
remission of import duties was not justified in a particular case.

2) Orders the applicant to bear his own costs and half of the costs

incurred by the Commission;

3) Orders the Commission to bear half of its own costs.

Operative part of the judgment

The Court:

1) Dismisses the applications.

(1) OJ C 200, 23.8.2003.