CELEX: C1997/271/25
Language: en
Date: 1997-09-06 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 July 1997 in Case T-187/95: R v. Commission of the European Communities (Officials - Sickness insurance scheme - Occupational disease - Definition of the risk - Irregularity of the opinion of the Medical Committee)

6 . 9 . 97            I EN |                Official Journal of the European Communities                                  C 271 / 15
          — cases referred to in Article 179 of the EC                 Wilms ) — Application for the annulment of Commission
               Treaty and Article 152 of the ECSC Treaty,              Decision C(94 ) 1410/11 of 12 July 1994, notified to the
                                                                       applicant on 27 December 1994, concerning financing
          — cases concerning the implementation of the                 from the European Social Fund for vocational training
               rules    on     competition      applicable    to       measures, — the Court of First Instance ( First Chamber),
               undertakings,                                           composed of: A. Saggio, President, V. Tiili and R. M.
                                                                       Moura Ramos, Judges, Registrar, J. Palacio Gonzalez,
          — the other cases covered by paragraph 1 ( b ).              Administrator has given a judgment on 14 July 1997, in
                                                                       which it :
The First Chamber and the First Chamber, Extended
Composition, presided by the President of the Court of                  1 . Annuls Commission Decision C(94) 1410/11 of 12 July
First Instance, shall not be included in those lists every                  1994, notified to the applicant on 27 December 1994,
third time the end of a rota is reached .                                   in Case No 870840/P1 , concerning financial assistance
                                                                            from the European Social Fund in respect of training
                                                                            measures, to the extent to which it reduces the
The President of the Court of First Instance may derogate                   amounts claimed by the applicant in its final payment
from that order on the ground that cases are related or                     claim solely because the costs in question had not been
with a view to ensuring an even spread of the workload.                     allowed in the decision of approval;
Plenary session                                                        2 . For the rest, dismisses the application;
At its meeting on 2 July 1997, the Court of First Instance
                                                                       3 . Orders the Commission to bear its own costs and pay
                                                                            all the costs incurred by the applicant.
decided pursuant to the second sub-paragraph of
Article 32 ( 1 ) of the Rules of Procedure of the Court of
First Instance that where, following the designation of an             (') OJ C 137, 3 . 6 . 1995 .
Advocate General pursuant to Article 17 of the Rules of
Procedure, there is an even number of Judges in the Court
of First Instance sitting in plenary session, the rota
established in advance in accordance with which the
President of the Court is to designate the Judge who will
not take part in the judgment of the case shall be in                    JUDGMENT OF THE COURT OF FIRST INSTANCE
reserve order to that in which the Judges rank according                                         of 15 July 1997
to their seniority in office under Article 6 of the Rules of
Procedure unless the Judge who would thus be designated                in Case T-187/95 : R v. Commission of the European
                                                                                                 Communities ( l )
is the Judge-Rapporteur. In that event, it shall be the judge
ranking immediately above him who shall be designated .                (Officials — Sickness insurance scheme — Occupational
                                                                       disease — Definition of the risk — Irregularity of the
                                                                                     opinion of the Medical Committee)
                                                                                                    ( 97/C 271 /25 )
                                                                                        (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                       In Case T-187/95 : R, the widow of an official of the
                         of 14 July 1997
                                                                       Commission of the European Communities, represented
in   Case     T-81/95 :  Interhotel   v.   Commission    of the        by Georges Vandersanden and Laure Levi, of the Brussels
                    European Communities (')                           Bar, with an address for service in Luxembourg at the
                                                                       offices of Fiduciaire Myson SARL, 30 Rue de Cessange, v.
(Social policy — European Social Fund — Assistance for                 Commission of the European Communities (Agents: Julian
the financing of vocational training measures — Action
                                                                       Currall, Jean-Luc Fagnart and Francois Tulkens ) —
for annulment — Notification of decision of approval —
                                                                       application, first, for the annulment of the decision of the
Decision on the final payment claim — Legal certainty —
                                                                       Commission of 14 December 1994 rejecting the
        Legitimate expectations — Statement of reasons)                applicant's request that the illness of which her husband
                          ( 97/C 271 /24 )                             died be recognized as an occupational disease; secondly,
                                                                       for default interest; and, thirdly, for compensation — the
                                                                       Court of First Instance ( Fifth Chamber ), composed of: R.
                (Language of the case: Portuguese)                     Garcia-Valdecasas, President, J. Azizi and M. Jaeger,
                                                                      Judges; J. Palacio Gonzalez, Administrator, for the
In Case T-81 /95 : Interhotel, Sociedade Internacional de              Registrar, has given a judgment on 15 July 1997, in which
Hoteis, SARL, established in Lisbon, represented by Jose               it :
Miguel Alarcao Judice, Nuno Morais Sarmento and
Gabriela Rodrigues Martins, of the Lisbon Bar, with an                 1 . annuls the decision of the Commission of 14 December
address for service at the chambers of Victor Gillen, 16                    1994 rejecting the request that the illness of the
Boulevard de la Foire v. Commission of the European                         applicant 's deceased husband be recognized as an
Communities, ( Agents : Antonio Caeiro and Giinter                          occupational disease;
 ---pagebreak--- C 271 / 16             I EN I               Official Journal of the European Communities                                     6 . 9 . 97
2 . dismisses the claim for compensation;                              Action brought on 5 June 1997 by Societa Camar s.r.l.
                                                                            against Commission of the European Communities
3 . holds that there is no need to give a decision on the                                       (Case T-l 72/97)
     claim for default interest;
                                                                                                 ( 97/C 271 /27 )
4 . orders the defendant to pay all the costs.
                                                                                        (Language of the case: Italian)
(') OJ C 351 , 30 . 12 . 1995 .
                                                                       An action against the Commission of the European
                                                                       Communities was brought before the Court of First
                                                                       Instance of the European Communities on 5 June 1997 by
                                                                       Societa Camar s.r.l ., represented by Wilma Viscardini
                                                                       Dona, assisted by Mariano Paolin and Simonetta Dona, of
     ORDER OF THE COURT OF FIRST INSTANCE                              the Padua Bar, with an address for service in Luxembourg
                            of 3 July 1997                             at the Chambers of Ernst Arendt, Rue Mathias Hardt.
in Case T-201 /96: Smanor SA and Others v. Commission
               of the European Communities (')
                                                                       The applicant claims that the Court should:
(Failure to bring Treaty infringement proceedings —
Action for declaration of failure to act — Action for
                   damages — Inadmissibility)                          — declare, pursuant to Article 175 of the EC Treaty, that,
                            ( 97/C 271/26 )                                 by failing to provide that the licences for importing
                                                                            bananas from non-member countries or non­
                                                                           traditional ACP countries to be allocated to Camar as
                 (Language of the case: French)                             a Category B operator during 1997 and for subsequent
                                                                           years pending restoration of its normal reference
                                                                            quantities should be calculated on the basis of the
In Case T-201/96 : Smanor SA, established at Saint-Martin­
                                                                            quantities which Camar marketed in 1988 , 1989 and
d'Ecublei (France), Hubert Segaud and Monique Segaud,                       1990, the Commission has breached Article 30 of
residing at Saint-Martin-d'Ecublei , represented by                         Council Regulation ( EEC ) No 404/93 and the second
Laurence Roques, of the Val de Marne Bar, 7—9 Rue du                        subparagraph of Article 40 ( 3 ) of the EC Treaty,
General de Larminat, Creteil ( France ), v. Commission of
the European Communities ( Agents : Richard Wainwright
and Jean-Francis Pasquier) — application, first, for a
declaration that, in failing to bring Treaty infringement              — order the Commission, pursuant to Article 178 and
proceedings against the French Republic under Article 169                  the second paragraph of Article 215 of the EC Treaty,
of the EC Treaty, the Commission has failed to act, and,                   to pay compensation for the damage which the
second, for damages for the loss flowing from that failure                 applicant has suffered by reason of the Commission's
— the Court of First Instance ( Second Chamber),                           failure,
composed of: C. W. Bellamy, President; B. Vesterdorf and
A. Kalogeropoulos, Judges; H. Jung, Registrar, made an
order on 3 July 1997, the operative part of which is as                — order the Commission to pay the costs incurred by the
follows :                                                                  applicant in these proceedings .
1 . The action is dismissed as inadmissible;
                                                                       Pleas in law and main arguments adduced in support:
2 . There is no need for a ruling on the application for
     leave to intervene;                                               The applicant company is the same as that in Case T-79/
                                                                       96 ( 1 ). It should first be pointed out in this regard, for
3 . The applicants are ordered to bear their own costs and             purposes of clarity, that while in Case T-79/96 Camar is
     to pay the costs of the Commission;                               seeking licences for additional imports from non-member
                                                                       countries as a Category B operator to replace the Somali
                                                                       bananas which it is unable to import vis-a-vis its
4 . The French Republic is ordered to bear the costs                   traditional quantity, the applicant is in the present action
     incurred by it in connection with the submission of its           requesting that the licences for non-member countries
    application for leave to intervene.                                normally allocated to it as a Category B operator should
                                                                       be quantified, not on the basis of the imports over three
                                                                       years as provided for under Article 4 of Commission
(') OJ C 54, 22 . 2 . 1997.
                                                                       Regulation ( EEC ) No 1442/93 , but on the basis of imports
                                                                       in 1988 , 1989 and 1990 . For 1997, the three-year period
                                                                       provided for under Article 4 of that regulation consists of