CELEX: C1995/286/18
Language: en
Date: 1995-10-28 00:00:00
Title: Removal from the register of Case C-93/95

No C 286/ 8           EN                   Official Journal of the European Communities                                  28 . 10 . 95
      Removal from the register of Case C-2 13/94 (M                         Removal from the register of Case C-93/95 (M
                          ( 95/C 286/17)                                                         ( 95/C 286/18 )
By order of 27 July 1995 the President of the Court ofJustice
of the European Communities ordered the removal from the
register of Case C-213/94 : Commission of the European                By order of 21 July 1995 the President of the Court of Justice
                                                                      of the European Communities ordered the removal from the
Communities v. Federal Republic of Germany .
                                                                      register of Case C-93/95 : Commission of the European
                                                                      Communities v. Portuguese Republic .
(') OJ No C 275 , 1 . 10 . 1993 .
                                                                      V ) OJ No C 159 , 24 . 6 . 1995 .
                                                    COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 13 July 1995                                                       of 13 July 1995
in Case T-44/93 : Monique Saby v. Commission of the                   in Joined Cases T-466/93 , T-469/93 , T-473/93 , T-474/93
                 European Communities (*)                             and T-477/93 : Thomas O'Dwyer and Others v. Council of
(Officials — Action for damages — Admissibility — Proper                                 the European Union ( ] )
conduct of the pre-litigation procedure — Duty to provide             (Common organization of the market in milk and milk
assistance — Duty to have regard for the welfare ofofficials         products — Milk quotas — Additional levy — Reduction of
  — Principle of the protection of legitimate expectations)           reference quantities without compensation — Claim for
                          ( 95/C 286/ 19 )                                                          damages)
                                                                                                ( 95/C 286/20 )
               (Language of the case: French)
                                                                                     (Language of the case: English)
In Case T-44/93 : Monique Saby, a former official of the
Commission of the European Communities, residing in
Brussels, represented by Mérète Turlin and Aloyse May, of             In Joined Cases T-466/93 , T-469/93 , T-473/93 , T-474/93
the Luxembourg Bar, with an address for service in                    and T-477/93 : Thomas O'Dwyer, Thomas Keane, Thomas
Luxembourg at their Chambers, 31 Grand-Rue,                           Cronin and James Reidy, residing respectively at
Luxembourg, v. Commission of the European Communities                 Drumdowney, Snowhill, Waterford, Ireland; at Corbally,
( Agent : Ana Maria Alves Vieira ) — application, first, for a        Gurtymadden, Loughrea, County Galway, Ireland; at
declaration of misconduct on the part of the Commission               Ardmore, Waterford, Ireland ; and at Carrowreagh, Cooper,
and, second, for compensation for alleged material and                Tubbercurry, County Sligo, Ireland, represented by
non-material damage — the Court of First Instance (Third              Anthony Burke, Solicitor, with an address for service in
Chamber ), composed of J. Biancarelli , President, and C. P.          Luxembourg at the Chambers of Arsène Kronshagen, 12
Briët and C. W. Bellamy, Judges; H. Jung, Registrar, has              Boulevard de la Foire, against Council of the European
given a judgment on 13 July 1995 , in which it:                       Union ( Agents : Arthur Brautigam and Michael Bishop ),
                                                                      supported by Commission of the European Communities
                                                                      ( Agents : Gerard Rozet and Christopher Docksey ) —
                                                                      application, in Cases T-466/93 , T-469/93 , T-473/93 and
1 . dismisses the application;
                                                                      T-474/93 , for reparation of the damage allegedly suffered by
                                                                      the applicants as a result of the application of Council
                                                                      Regulation ( EEC ) No 816/92 of 31 March 1992 amending
2 . orders the parties to bear their own costs.                       Regulation ( EEC ) No 804/68 on the common organization
                                                                      of the market in milk and milk products ( OJ 1992 L 86 ,
                                                                      p. 83 ) and, in Case T-477/93 , for reparation of the damage
(') OJ No C 206 , 30 . 7. 1993 .                                      allegedly suffered by the applicant as a result of the
                                                                      application of Council Regulation ( EEC ) No 748/93 of
                                                                      17 March 1993 amending Regulation ( EEC ) No 3950/92
                                                                      establishing an additional levy in the milk and milk products
                                                                      sector ( OJ 1993 L 77, p. 16 ) — the Court of First Instance