CELEX: C1998/209/79
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 28 May 1998 in Joined Cases T-78/96 and T-170/96: W v. Commission of the European Communities (Officials - Actions for annulment and for compensation - Admissibility - Reassignment - Interests of the service - Duty to have regard for the welfare of officials - Misuse of power - Statement of reasons - Liability - Administrative fault)

4.7.98                EN                Official Journal of the European Communities                                 C 209/37
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 14 May 1998                                                   of 14 May 1998
in Case T-352/94: Mo och Domsjö AB v. Commission of                in Case T-165/95: Arnaldo Lucaccioni v. Commission of
                the European Communities (1)                                      the European Communities (1)
(Competition Ð Article 85(1) of the EC Treaty Ð                    (Officials Ð Action for damages Ð Occupational disease
Liability for unlawful conduct Ð Relevant product market           Ð Damage Ð Taking into account benefits received under
Ð Information exchange Ð Order Ð Fine Ð                            Article 73 of the Staff Regulations Ð Duration of the
Determination of the amount Ð Statement of reasons Ð               procedure for recognising an occupational disease Ð
                   Mitigating circumstances)                                                   Fault)
                         (98/C 209/77)
                                                                                           (98/C 209/78)
               (Language of the case: English)
                                                                                  (Language of the case: French)
In Case T-352/94: Mo och Domsjö AB, established at
Örnsköldsvik, Sweden, represented by Antony Woodgate,
Martin Smith and Vincent Smith, Solicitors, London, with           In Case T-165/95: Arnaldo Lucaccioni, a former official of
an address for service in Luxembourg at the Chambers of            the Commission of the European Communities, residing in
Arendt & Medernach, 8Ð10 Rue Mathias Hardt v.                      Paris, represented by Georges Vandersanden, Laure Levi
Commission of the European Communities (Agents:                    and Olivier Eben, of the Brussels Bar, with an address for
Richard Lyal and Rosemary Caudwell) Ð application for              service in Luxembourg at the office of Fiduciaire Myson
annulment of Commission Decision 94/601/EC of 13 July              SARL, 30 Rue de Cessange, v. Commission of the
1994 relating to a proceeding under Article 85 of the EC           European Communities (Agents: Julian Currall and Jean-
Treaty (IV/C/33.833 Ð Cartonboard, OJ L 243 of                     Luc Fagnart) Ð application for compensation for the
19.9.1994, p. 1) Ð the Court (Third Chamber, Extended              material and non-material damage allegedly suffered by
Composition), composed of B. Vesterdorf, President of the          the applicant as a result of the disease affecting him and
Chamber, C. P. BrieÈt, P. Lindh, A. Potocki and J. D.              for the award of compensatory interest on the capital sum
Cooke, Judges; J. Palacio GonzaÂlez, Administrator, for the        paid under Article 73 of the Staff Regulations of officials
Registrar, has given a judgment on 14 May 1998 in which            of the European Communities Ð the Court of First
it:                                                                Instance    (Second      Chamber),    composed     of:  A.
                                                                   Kalogeropoulos, President, and C. W. Bellamy and J.
1. Annuls, as regards the applicant, the first to fourth           Pirrung, Judges; A. Mair, Administrator, for the Registrar,
    paragraphs of Article 2 of Commission Decision 94/             has given a judgment on 14 May 1998, in which it:
    601/EC of 13 July 1994 relating to a proceeding under
    Article 85 of the EC Treaty (IV/C/33.833 Ð
                                                                   1. Dismisses the action.
    Cartonboard) save and except for the following
    passages:
                                                                   2. Orders the parties to bear their own costs.
    The undertakings named in Article 1 shall forthwith
    bring the said infringement to an end, if they have not
                                                                   (1) OJ C 268, 14.10.1995.
    already done so. They shall henceforth refrain in
    relation to their cartonboard activities from any
    agreement or concerted practice which may have the
    same or a similar object or effect, including any
    exchange of commercial information:
    (a) by which the participants are directly or
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
          indirectly informed of the production, sales, order
          backlog, machine utilisation rates, selling prices,                            of 28 May 1998
          costs or marketing plans of other individual
                                                                   in Joined Cases T-78/96 and T-170/96: W v. Commission
          producers.
                                                                                 of the European Communities (1)
    Any scheme for the exchange of general information             (Officials Ð Actions for annulment and for compensation
    to which they subscribe, such as the Fides system or its       Ð Admissibility Ð Reassignment Ð Interests of the
    successor, shall be so conducted as to exclude any             service Ð Duty to have regard for the welfare of officials
    information from which the behaviour of individual             Ð Misuse of power Ð Statement of reasons Ð Liability
    producers can be identified'.                                                     Ð Administrative fault)
2. Dismisses the application as regards the remaining                                      (98/C 209/79)
    claims.
                                                                                  (Language of the case: French)
3. Orders the applicant to pay the costs.
(1) OJ C 392, 31.12.1994.                                          In Joined Cases T-78/96 and T-170/96: W, an official of
                                                                   the Commission of the European Communities, residing in
                                                                   Luxembourg, represented by Georges Vandersanden and
 ---pagebreak--- C 209/38             EN                  Official Journal of the European Communities                                   4.7.98
Laure Levi, of the Brussels Bar, with an address for service        1. Orders the Commission to pay the applicant the sum
in Luxembourg at Fiduciaire Myson SARL, 30 Rue de                       of ECU 400 by way of compensation for
Cessange, against the Commission of the European                        maladministration.
Communities (Agent: Julian Currall) Ð application for
annulment of a decision to reassign the applicant dated
20 July 1995, an express decision of 16 February 1996               2. Dismisses the remainder of the action.
dismissing the complaint lodged by the applicant against
that decision, an implied decision dismissing the claim for
damages submitted by the applicant on 19 October 1995               3. Orders the Commission to bear its own costs and to
and, in so far as necessary, a decision of 26 June 1996 not             pay the costs incurred by the applicant up to date of
to uphold in its entirety the complaint lodged by the                   receipt by him of the decision rejecting his complaint.
applicant against the last-mentioned decision Ð the Court               The applicant is ordered to bear his own costs
of First Instance (Fifth Chamber), composed of J. Azizi,                incurred as from the date of receipt of the decision
President, R. García-Valdecasas and M. Jaeger, Judges; H.               rejecting his complaint.
Jung, Registrar, gave a judgment on 28 May 1998, the
operative part of which is as follows:                              (1) OJ C 40, 8.2.1997.
1. The actions are dismissed.
2. Each party shall bear its own costs.
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
( ) OJ C 233, 10.8.1996 and OJ C 388, 21.12.1996.
 1
                                                                                           of 26 May 1998
                                                                    in Case T-177/96: Mario Costacurta v. Commission of the
                                                                                      European Communities (1)
                                                                    (Officials Ð Remuneration Ð Weighting Ð Special
                                                                    derogations applying to officials posted to non-member
                                                                    countries Ð Contrary to the principles of the equivalence
   JUDGMENT OF THE COURT OF FIRST INSTANCE                                   of purchasing power and equal treatment)
                      of 12 May 1998                                                        (98/C 209/81)
in Case T-159/96: Rüdiger Wenk v. Commission of the
                  European Communities (1)
                                                                                    (Language of the case: French)
(Officials Ð Recruitment Ð Post of Head of a
Commission delegation Ð Notice of vacancy Ð Legality
Ð Decision rejecting an application for a post Ð                    In Case T-177/96: Mario Costacurta, an official of the
Obligation to provide a statement of reasons Ð                      Commission of the European Communities, residing in
Comparative examination of the merits of the candidates             Luxembourg, represented by Nicolas Decker, of the
Ð Discretion of the appointing authority Ð Protection of            Luxembourg Bar, with an address for service in
legitimate expectations Ð Duty to have regard for the               Luxembourg at the latter's Chambers, 16 Avenue Marie-
              welfare and interests of officials)                   TheÂreÁse v. Commission of the European Communities
                                                                    (Agents: Gianluigi Valsesia and Florence Clotuche) Ð
                        (98/C 209/80)                               application for (1) annulment of the Commission's
                                                                    decision of 22 July 1996 refusing to apply to the applicant
                                                                    the weightings for Zaïre in respect of the period of his
               (Language of the case: French)                       assignment to the Commission's delegation in that country
                                                                    and (2) compensation for the damage thereby caused Ð
                                                                    the Court of First Instance (Fifth Chamber), composed of
In Case T-159/96: Rüdiger Wenk, an official of the                  J. Azizi, President, R. García-Valdecasas and M. Jaeger,
Commission of the European Communities, residing in                 Judges; J. Palacio GonzaÂlez, Administrator, for the
Caracas, represented by Nicolas LhoeÈst, of the Brussels            Registrar, gave a judgment on 26 May 1998, the operative
Bar, with an address for service in Luxembourg at the               part of which is as follows:
office of Fiduciaire Myson SARL, 30 Rue de Cessange, v.
Commission of the European Communities (Agents: Julian
Currall and Christine Berardis-Kayser) Ð application for            1. The application is dismissed.
annulment of the decision of the Commission of
2 February 1996 rejecting the application by the applicant
for the post of Head of the Commission's delegation in              2. Each of the parties shall bear its own costs.
San JoseÂ Ð the Court of First Instance (Fifth Chamber),
composed of: J. Azizi, President, and R. García-Valdecasas          (1) OJ C 9, 11.1.1997.
and M. Jaeger, Judges; J. Palacio GonzaÂlez, Administrator,
for the Registrar, has given a judgment on 12 May 1998,
in which it: