CELEX: C1999/100/37
Language: en
Date: 1999-04-10 00:00:00
Title: Case T-14/99: Action brought on 19 January 1999 by Marie-Jeanne Kraus against the Commission of the European Communities

10.4.1999            EN                Official Journal of the European Communities                                C 100/19
Registrar, has given a judgment on 11 February 1999, in           committed its error without her having at any time been
which it:                                                         aware of it; nor could she reasonably have been expected
                                                                  to have known of it.
1. Dismisses the application.
                                                                  Consequently, she pleads infringement, in the present case,
2. Orders the parties to bear their own costs.                    of Article 85 of the Staff Regulations.
(1) OJ C 234, 25.7.1998.
                                                                  Action brought on 21 January 1999 by Dansk Rùrindustri
                                                                  A/S (Starpipe) against the Commission of the European
Action brought on 19 January 1999 by Marie-Jeanne                                          Communities
Kraus against the Commission of the European
                         Communities                                                      (Case T-21/99)
                       (Case T-14/99)                                                    (1999/C 100/38)
                      (1999/C 100/37)
                                                                                 (Language of the case: Danish)
               (Language of the case: French)
An action against the Commission of European                      An action against the Commission of the European
Communities was brought before the Court of First                 Communities was brought before the Court of First
Instance of the European Communities on 19 January                Instance of the European Communities on 21 January
1999 by Marie-Jeanne Kraus, residing in Luxembourg,               1999 by Dansk Rùrindustri A/S (Starpipe), Fredericia,
represented by Lex Thielen, of the Luxembourg Bar, with           represented by Karen Dyekjñr-Hansen and Katja Hùegh,
an address for service at his Chambers, 10 Rue Willy              of the Copenhagen Bar, with an address for service in
Goergen, Luxembourg.                                              Luxembourg at the Chambers of Aloyse May, 31 Grand-
                                                                  Rue
The applicant claims that the Court should:
                                                                  The applicant claims that the Court should:
Ð annul the decisions requiring the applicant to repay
    the household allowance received by her during the
    period from November 1986 to February 1998;                   Ð annul Article 1 of Commission Decision C(1998) 3117
                                                                      of 21 October 1998 (1), to the extent to which it
                                                                      concerns the applicant, in so far as it finds that the
Ð alternatively, annul the decisions requiring the                    applicant participated in a complex of agreements and
    applicant to repay the household allowance received               concerted practices' which lasted without interruption
    by her during the period from November 1986 to                    from about November/December 1990 to at least
    October 1995;                                                     March or April 1996';
Ð order the defendant to pay the costs.
                                                                  Ð annul, in relation to the applicant, the final indent in
                                                                      Article 1 of the Commission Decision, which states
                                                                      that the applicant, in conjunction with the other
Pleas in law and main arguments adduced in support:                   producers, in order to protect the cartel from
                                                                      competition from the only substantial non-member,
                                                                      Powerpipe AB (agreed) and (took) concerted measures
The applicant contests the appointing authority's decision            to hinder its commercial activity, damage its business
to recover the sum of LUF 793 292 allegedly paid to her               or drive it out of the market altogether';
in error by way of household allowance during the period
from her entry into service in November 1986 to February
1998.
                                                                  Ð reduce the fine imposed on Dansk Rùrindustri A/S;
The applicant denies that she was aware of the irregularity
of the payments in issue, and further denies that they were       Ð order the Commission to pay the costs of Dansk
manifestly irregular. In her view, the administration                 Rùrindustri A/S.