Source: EURLEX
Language: en
Format: md

C 226/28 EN Official Journal of the European Communities 7.8.1999

**COURT OF FIRST INSTANCE**

**Designation of Presidents of Chamber and the compo-** to the Fourth Chamber:
**sition of the Chambers**

Ms Tiili (President of Chamber), Mr Moura Ramos and Mr
(1999/C 226/52) Mengozi, Judges;

At its plenary meeting on 6 July 1999 the Court of First to the Fourth Chamber, Extended Composition:
Instance decided, pursuant to Article 2(4) of the Council
Decision of 24 October 1988 and Articles 10 and 15 of the
Rules of Procedure of the Court of First Instance, in respect of Ms Tiili (President of Chamber), Ms Lindh, Mr Moura
the period between 1 October 1999 and 31 September 2000: Ramos, Mr Cooke and Mr Mengozzi, Judges;

to the Fifth Chamber:

(a) to designate as Presidents of Chamber
Mr Garcı´a-Valdecasas (President of Chamber), Ms Lindh
— Mr Garcı´a-Valdecasas, and Mr Cooke, Judges;

— Mr Lenaerts, to the Fourth Chamber, Extended Composition:

— Ms Tiili,
Mr Garcı´a-Valdecasas (President of Chamber), Mr Bellamy,
Ms Lindh, Mr Cooke Rnd Mr Vilaras, Judges.
— Mr Pirrung;

Cases pending before the present Chambers have been reallo(b) to assign the Members of the Court of First Instance to the
Chambers as follows: cated with effect from 1 October 1999 to the Chamber,
composed of the same number of Judges, of which the
Judge-Rapporteur in each particular case is a member.
to the First Chamber:

However, for cases in which the written procedure was
Mr Vesterdorf (President), Mr Bellamy and Mr Vilaras,
completed and a hearing in the oral procedure was held or
Judges;
fixed before 1 October 1999, the Chamber shall continue to
sit with the same composition as before for the oral procedure,
to the First Chamber, Extended Composition: the deliberation and the judgment.

Mr Vesterdorf (President), Mr Bellamy, Mr Potocki, Mr Meij
and Mr Vilaras, Judges;
**Criteria for assigning cases to the Chambers**

to the Second Chamber:
At its plenary meeting on 6 July 1999 the Court of First
Instance established the following criteria for the assignment
Mr Pirrung (President of Chamber), Mr Potocki and Mr
of cases to the Chambers for the period ending 30 September
Meij, Judges;
2000, pursuant to Article 12 of the Rules of Procedure:

to the Second Chamber, Extended Composition:
1.

Mr Pirrung (President of Chamber), Mr Azizi, Mr Potocki,
Mr Jaeger and Mr Meii, Judges; (a) Actions concerning the implementation of the rules
on State aid or the rules on trace protection measures
to the Third Chamber: shall be assigned, with effect from the lodging of the
application and without prejudice to any subsequent
application of Articles 14 and 51 of the Rules of
Mr Lenaerts (President of Chamber), Mr Azizi and Mr Procedure, to Chambers with an extended composition
Jaeger, Judges; of five Judges.

to the Third Chamber, Extended Composition:
(b) All other cases shall be assigned, with effect from the
lodging of the application and without prejudice to
Mr Lenaerts (President of Chamber), Mr Azizi, Mr Moura any subsequent application of Articles 14 and 51 of
Ramos, Mr Jaeger and Mr Mengozzi, Judges; the Rules of Procedure, to Chambers of three Judges.

7.8.1999 EN Official Journal of the European Communities C 226/29

2. The cases referred to in paragraphs 1(a) and 1(b) shall be **Action brought on 19 April 1999 by Pieter F. Fleurbaay**
allocated between the Chambers as follows: **against the European Investment Bank**

(a) The cases referred to in paragraph 1(a) shall be assigned
**(Case T-96/99)**
in turn, according to the order in which they are
registered at the Court Registry, to the First Second,
Third, Fourth and Fifth Chambers, Extended Compo- (1999/C 226/53)
sition;

(b) Cases concerning intellectual property, as referred to
_(Language of the case: French)_
in Article 130(1) of the Rules of Procedure of the Court
of First Instance, shall be assigned according to the
order in which they are registered at the Court Registry, An action against the European Investment Bank was brought
to the Second and Fourth Chambers; before the Court of First Instance of the European Communities
on 19 April 1999 by Pieter F. Fleurbaay, resident in Luxem(c) The cases referred to in paragraph 1(b) shall be assigned bourg, represented by Eric Boigelot, of the Brussels Bar, with
to the First, Second, Third, Fourth and Fifth Chambers. an address for service in Luxembourg at the Chambers of Louis
Such assignment is to be effected on the basis of three Schiltz, 2 Rue du Fort Rheinsheim.
separate rotas, reflecting the order in which the cases
are registered at the Court Registry:
The applicant claims that the Court should:

— for the cases referred to in Article 236 of the EC
— annul the decision adopted by the European Investment
Treaty and Article 152 of the EAEC Treaty,
Bank (‘the EIB’), by memorandum dated 18 February 1999
— for the cases concerning the implementation of the drawn up by its President, Sir Brian Unwin, notifying the
rules of competition applicable to undertakings, applicant of the continuation for an indefinite period of
the decision previously adopted on 27 July 1998 not to
— for the other cases covered by paragraph 1(b). treat the civil statue of ‘partnerschap’ as equivalent to
marriage, together with the consequences which may arise
therefrom in relation to the pension scheme and the family
For the purposes of the rota referred to in the first indent of
allowance;
paragraph 2(c), the assignment of cases concerning intellectual
property to the Second and Fourth Chamber on the basis of
— order the defendant to pay all the costs.
the rota referred to in paragraph 2(b) shall be compensated for
by the assignment of cases to the First, Third and Fifth
Chambers on a pro rata basis.
_Pleas in law and main arguments_
For the purposes of the rotas referred to in paragraphs 2(a)
and 2(c), the First Chamber and the First Chamber, Extended The applicant, a former member of the staff of the European
Composition, presided over by the President of the Court of Investment Bank (‘EIB’), contests the refusal by the appointing
First Instance, shall not be included in those lists every third authority to take account of the act, registered in the Nethertime the end of a rota is reached. lands in accordance with Netherlands law, recognising his
cohabitation (‘partnerschap’) as a partner for life with another
The President of the Court of First Instance may derogate from person, as regards its possible effects on the pension scheme
that order on the ground that cases are related or with a view and family allowance provided for by the Staff Regulations of
to ensuring an even spread of the workload. the EIB.

The applicant maintains that the contested decision is not in
_**Plenary session**_
conformity with the Conciliation Board’s recommendation of
5 November 1998, which stated that the EIB’s Staff Regulations
At its plenary meeting on 6 July 1999, the Court of First and pension rules should be revised in order to take into
Instance decided pursuant to the second subparagraph of account, in particular, the changes occurring in the social
Article 32(1) of the Rules of Procedure of the Court of First environment within the Union, which have been recognised
Instance that where, following the designation of an Advocate by the enactment of legislation in certain Member States, and
general pursuant to Article 17 of the Rules of Procedure, there the staff regulations of other comparable institutions. The
is an even number of Judges in the Court of First Instance Conciliation Board also considered that any change resulting
sitting in plenary session, the rota established in advance in from such revision should be applicable to the present case.
accordance with which the President of the Court is to
designate the Judge who will not take part in the judgment of
In support of his claims, the applicant pleads infringement of
the case shall be in reverse order to that in which the Judges
Article 41 of the Staff Regulations, of Articles 52 and 53 of
rank according to their seniority in office under Article 6 of
the Staff Pension Scheme Rules, of Article 119 of the Treaty
the Rules of Procedure unless the Judge who would thus be
on European Union and of the Conciliation Board’s decision
designated is the Judge-Rapporteur. In that event, it shall be
the Judge ranking immediately above him who shall be of 5 November 1998, as well as breach of certain general
principles of law, such as the principle of the protection of
designated.
legitimate expectations, the principle of equality of treatment
as between the various members of the staff of an institution
and the prohibition of discrimination on grounds of sex.