Source: EURLEX
Language: en
Format: md

No C 95 / 14 EN Official Journal of the European Communities 30 . 3 . 96

institutions are able to transfer their rights to the
Community pensions scheme, the Kingdom of Spain has
failed to fulfil its obligations under Article 11 ( 2 ) of

v Annex VIII to the Staff Regulations of officials of the

European Communities f 1 ) and Article 5 of the EC
Treaty ; and

2 . order the Kingdom of Spain to pay the costs .

Pleas in law and main arguments adduced in support :

Despite the fact that the Kingdom of Spain acknowledges its
obligation to comply with the provisions and Royal Decrees
have been drafted, no national implementing measures in
the field have yet been adopted .

(') Regulation ( EEC, Euratom, ECSC ) No 259 / 68 of the Council of

29 February 1968 ( OJ, English Special Edition 1968 ( I ), p. 30 ),
as amended by Regulation ( EEC, Euratom, ECSC ) No 571 / 92

( OJ No L 62, 1962, p. 1 ).

by order of that court of 1 February 1996, received at the
Court Registry on 22 February 1996, for a preliminary
ruling in the case of Hermes International societe en
commandite par actions, Paris v. FHT Marketing Choice BV
on the following question :

is an interim measure, such as, for example, is provided for
in Article 289 et seq . of the Wetboek van Burgerlijke
Rechtsvordering ( Netherlands Code of Civil Procedure )
whereby an immediate, enforceable measure may be sought,
covered by the expression ' provisional measures ' within the
meaning of Article 50 of the Agreement on Trade-related
Aspects of Intellectual Property Rights ( TRIPS ) (*)?

(') OJ No L 336, 1994, p . 213 .

Removal from the register of Case C-402 / 95

( 96 / C 95 / 27 )
Reference for preliminary ruling from the
Arrondissementsrechtbank, Amsterdam, by order of that
court of 1 February 1996 in the case of Hermes An action against the Portuguese

before the Court of Justice of the

International societe en commandite par actions, Paris v.

FHT Marketing Choice BV

( Case C-53 / 96 )

( 96 / C 95 / 26 )

Reference has been made to the Court of Justice
of the European Communities by order of the
Arrondissementsrechtbank ( District Court ), Amsterdam,

An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities on
22 December 1995 by the Commission of the European
Communities, represented by Antonio Caeiro, Legal
Adviser, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gomez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg .

By order of 20 February 1996 the Court has ordered that
the case be removed from the register .

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 February 1996

in Case T-5 89 / 93 : Susan Ryan-Sheridan v. European
Foundation for the Improvement of Living and Working

Conditions ( 1 )

( Officials — Servants of the European Foundation for the
Improvement of Living and Working Conditions —
Recruitment procedure — Rejection of an internal
candidate — Actions for annulment of measures — Action

for damages )

( 96 / C 95 / 28 )

( Language of the case : French )

In Case T-589 / 93 : Susan Ryan-Sheridan, a servant of the
European Foundation for the Improvement of Living and
Working Conditions, represented by Luc Misson and

Marc-Albert Lucas, of the Liege Bar, with an address for
service in Luxembourg at the Chambers of Evelyne Korn,
21, Rue de Nassau, v. European Foundation for the
Improvement of Living and Working Conditions ( Agents :
John McColgan and subsequently Terry Sheehan, in the

written procedure, and Clive Purkiss, in the oral procedure,
assisted by Denis Waelbroeck ) — application, first, for
the annulment of the notice of vacancy concerning
a post as administrator of the Foundation 's publications
programme, the notice of restricted competition relating to
the filling of that post, the recruitment committee 's
memorandum of 5 November 1993 and the decision of the
Director of the Foundation of 22 November 1993 rejecting
the applicant 's application for that post, and, second, an
order requiring the Foundation to pay damages in the sum
of Bfrs 75 000 the Court of First Instance ( Third Chamber ),
composed of : C. P. Briet, President, and B. Vesterdorf and
A. Potocki, Judges ; B. Pastor, Registrar, has given a
judgment on 15 February 1996, in which it :

1 . dismisses the action ;