CELEX: C1999/048/50
Language: en
Date: 1999-02-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 December 1998 in Case T-203/96: Embassy Limousines & Services v. European Parliament (Arbitration clause - Existence of a contract - Non-contractual liability - Withdrawal of an invitation to tender - Legitimate expectations - Assessment of damage)

20.2.1999           EN                 Official Journal of the European Communities                                   C 48/23
       Removal from the register of Case C-13/98 (1)              from the Commissione Tributaria Provinciale di Firenze):
                       (1999/C 48/48)                             Centro Servizi Acciai Rivestiti Spa (CSAR) v. Direzione
                                                                  Regionale delle Entrate per la Toscana and Ufficio delle
By order of 9 December 1998 the Court of Justice of the           Imposte Diretti di Firenze.
European Communities has ordered the removal from the
register of Case C-13/98 (request for a preliminary ruling        (1) OJ C 94, 28.3.1998.
                                                 COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                         2. Orders the applicants to pay the costs.
                    of 13 January 1999
                                                                  (1) OJ C 64, 2.3.1996.
in Case T-1/96: Bernhard Böcker-Lensing and Ludger
Schulze-Beiering v. Council of the European Union and
       Commission of the European Communities (1)
(Action for damages Ð Non-contractual liability Ð Milk
Ð Additional levy Ð Reference quantity Ð Producer
having entered into a non-marketing undertaking Ð                   JUDGMENT OF THE COURT OF FIRST INSTANCE
Voluntary non-resumption of production upon expiry of                                 of 17 December 1998
      the undertaking Ð Acts of national authorities)
                                                                  in Case T-203/96: Embassy Limousines & Services v.
                       (1999/C 48/49)                                                European Parliament (1)
                                                                  (Arbitration clause Ð Existence of a contract Ð
                                                                  Non-contractual liability Ð Withdrawal of an invitation
              (Language of the case: German)                      to tender Ð Legitimate expectations Ð Assessment of
                                                                                             damage)
                                                                                          (1999/C 48/50)
In Case T-1/96: Bernhard Böcker-Lensing and Ludger
Schulze-Beiering,    residing   at    Borken     (Germany),                       (Language of the case: French)
represented by Bernd Meisterernst, Mechtild Düsing,
Dietrich Manstetten, Frank Schulze and Klaus Kettner,
Rechtsanwälte, Münster, with an address for service in            In Case T-203/96: Embassy Limousines & Services,
Luxembourg at the Chambers of Dupong and Dupong,                  established in Diegem (Belgium), represented by Eric
4-6 Rue de la Boucherie, v. Council of the European               Boigelot, of the Brussels Bar, with an address for service in
Union (Agents: Arthur Brautigam, Hans-Jürgen Rabe,                Luxembourg at the Chambers of Louis Schiltz, 2 Rue du
Georg M. Berrisch and Marco NuÂnÄez-Müller) and                   Fort Rheinsheim against European Parliament (Agents:
Commission of the European Communities (Agents: Dierk             FrancËois Vainker, Anders Neergaard and Charles Price) Ð
Booû, Michael Niejahr, Hans-Jürgen Rabe, Georg M.                 application for compensation for the damage allegedly
Berrisch and Marco NuÂnÄez-Müller) Ð application for              suffered by the applicant on account of the wrongful
damages pursuant to Article 178 and the second                    conduct of the Parliament in connection with Invitation to
paragraph of Article 215 of the EC Treaty for the losses          Tender No 95/S 158-76321/FR relating to a contract for
suffered by the applicants as a result of their having been       passenger transport using chauffeur-driven vehicles,
prevented from marketing milk pursuant to Council                 brought pursuant to Article 181 of the EC Treaty, under
Regulation (EEC) No 857/84 of 31 March 1984 adopting              the arbitration clause in the third paragraph of Article 6
general rules for the application of the levy referred to in      of the specifications of that invitation to tender and
Article 5(c) of Regulation (EEC) No 804/68 in the milk            Article VIII of framework contract PE-TRANS-BXL-95/6,
and milk products sector (OJ L 90, 1.4.1984, p. 13),              and, in the alternative, pursuant to Article 178 and the
as supplemented by Commission Regulation (EEC)                    second paragraph of Article 215 of that Treaty Ð the
No 1371/84 (OJ L 132, 18.5.1984, p. 11) Ð the Court of            Court of First Instance (Fourth Chamber), composed of: P.
First Instance (First Chamber), composed of: B.                   Lindh, President, and K. Lenaerts and J. D. Cooke,
Vesterdorf, President, R. M. Moura Ramos and P.                   Judges; B. Pastor, Principal Administrator, for the
Mengozzi, Judges; H. Jung, Registrar, has given a                 Registrar, has given a judgment on 17 December 1998, in
judgment on 13 January 1999, in which it:                         which it:
                                                                  1. Orders the European Parliament to pay to the
1. Dismisses the application.                                         applicant a sum of BEF 5 000 000.
 ---pagebreak--- C 48/24              EN                 Official Journal of the European Communities                                 20.2.1999
2. Declares that that sum will bear interest at an annual               ORDER OF THE COURT OF FIRST INSTANCE
    rate of 8 % with effect from the date of this judgment                              of 30 November 1998
    and until due payment.
                                                                   in Case T-97/94: N v. Commission of the European
                                                                                           Communities (1)
3. Orders the Parliament to pay its own costs and the              (Former officials Ð Staff report Ð Legal interest in
    costs of the applicant.                                                   bringing proceedings Ð Inadmissibility)
                                                                                            (1999/C 48/52)
(1) OJ C 54, 22.2.1997.
                                                                                  (Language of the case: French)
                                                                   In Case T-97/94: N, a former official of the Commission
                                                                   of the European Communities, residing in Brussels,
                                                                   represented by Georges A. Sakellaropoulos, of the Athens
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          Bar, with an address for service in Luxembourg at the
                                                                   Chambers of Aloyse May, 31 Grand-Rue, v. Commission
                    of 15 December 1998                            of the European Communities (Agent: Lucio Gussetti) Ð
in Case T-233/97: Folmer Bang-Hansen v. Commission of              application, first, for annulment of the applicant's staff
                the European Communities (1)                       report, prepared by the Commission, for the period from
                                                                   1 July 1989 to 30 June 1991 and, second, for
(Officials Ð Transfer of pension rights Ð Article 11(2) of         compensation for the material and non-material damage
            Annex VIII to the Staff Regulations)                   allegedly suffered as a result of that report Ð the Court of
                                                                   First Instance (Fifth Chamber), composed of: J. D. Cooke,
                        (1999/C 48/51)                             President, R. García-Valdecasas and P. Lindh, Judges; H.
                                                                   Jung, Registrar, made an order on 30 November 1998, the
                                                                   operative part of which is as follows:
               (Language of the case: French)
                                                                   1. The application is dismissed as inadmissible.
In Case T-233/97: Folmer Bang-Hansen, an official of the
Commission of the European Communities, represented                2. The parties are to bear their own costs.
by Eric Boigelot, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of Louis Schiltz, 2          (1) OJ C 120, 30.4.1994.
Rue du Fort Rheinsheim, v. Commission of the European
Communities (Agents: Gianluigi Valsesia and Florence
Duvieusart-Clotuche) Ð application for annulment of the
Commission's decision of 16 October 1996 providing that
the time-limit for transferring pension rights is to be
calculated separately for each transfer and refusing the
applicant's request for aggregation of transfers from the               ORDER OF THE COURT OF FIRST INSTANCE
Andels-Pensionsforening       and   the    Juristernes    og                            of 25 November 1998
ékonomernes Pensionskasse Ð the Court of First Instance
(First Chamber), composed of: B. Vesterdorf, President,            in Case T-255/97: Georges Keiser v. Commission of the
R. M. Moura Ramos and P. Mengozzi, Judges; H. Jung,                                  European Communities (1)
Registrar, has given a judgment on 15 December 1998, in
                                                                   (Officials Ð Time-limits for bringing proceedings Ð
which it:
                                                                                      Manifest inadmissibility)
                                                                                            (1999/C 48/53)
1. Annuls the Commission's decision of 16 October 1996
    providing that the time-limit for transferring pension                        (Language of the case: French)
    rights is to be calculated separately for each transfer
    and refusing the applicant's request for aggregation of
    transfers from the Andels-Pensionsforening and the             In Case T-255/97: Georges Keiser, an official of the
    Juristernes og ékonomernes Pensionskasse.                      Commission of the European Communities, residing at
                                                                   Asselscheuer (Grand Duchy of Luxembourg), represented
                                                                   by Lucas Vogel, of the Brussels Bar, with an address for
3. Orders the Commission to pay the costs.                         service in Luxembourg at 44 Rue du Grunewald,
                                                                   Asselscheuer,     v.    Commission      of   the   European
                                                                   Communities (Agent: Christine Berardis-Kayser) Ð
(1) OJ C 318, 18.10.1997.                                          application for annulment of the refusal of the applicant's
                                                                   request to be re-assigned to the post held by him prior to
                                                                   the initiation of the disciplinary proceedings brought
                                                                   against him Ð the Court of First Instance (First