CELEX: C1999/299/28
Language: en
Date: 1999-10-16 00:00:00
Title: Judgement of the Court of First Instance of 19 July 1999 in Case T-188/97: Rothmans International BV v Commission of the European Communities (Commission Decision 94/90/ECSC, EC, Euratom on public access to Commission documents - Decision refusing access to documents - 'Rule on authorship' - 'Comitology' committees)

C 299/22                 EN                     Official Journal of the European Communities                                      16.10.1999
   JUDGEMENT OF THE COURT OF FIRST INSTANCE                                    JUDGEMENT OF THE COURT OF FIRST INSTANCE
                            of 19 July 1999                                                           of 9 July 1999
in Case T-188/97: Rothmans International BV v Com-                         in Case T-231/97: New Europe Consulting Ltd and Michael
           mission of the European Communities (1)                         P. Brown v Commission of the European Communities (1)
(Commission Decision 94/90/ECSC, EC, Euratom on public                     (PHARE programme — Action for damages — Conditions
access to Commission documents — Decision refusing access                  — Principle of sound administration — Assessment of
to documents — ‘Rule on authorship’ — ‘Comitology’                                                       damage)
                              committees)
                                                                                                     (1999/C 299/29)
                           (1999/C 299/28)
                                                                                                (Language of the case: Dutch)
                     (Language of the case: English)
                                                                           In Case T-231/97: New Europe Consulting Ltd, established in
In Case T-188/97: Rothmans International BV (formerly                      Dublin, and Michael P. Brown, residing in Ballinasloe, County
Rothmans Group Holdings BV), having its registered office in               Galway (Ireland), represented by Alberic De Roeck and Benja-
Amsterdam, represented by Scott Crosby, Solicitor, with an                 min De Roeck, of the Antwerp Bar, 2 Lange Lozanastraat,
address for service in Luxembourg at the Chambers of Victor                Antwerp (Belgium) v Commission of the European Communi-
Elvinger, 31 Rue d’Eich, supported by Kingdom of Sweden                    ties (Agents: Marie-José Jonczy and Maurits Lugard) — appli-
(Agent: initially Erik Brattgård and then Anders Kruse), v                 cation for compensation for the damage allegedly caused to
Commission of the European Communities (Agents: initially                  the applicants by the Commission’s wrongful conduct towards
Ulrich Wölker and Carmel O’Reilly and subsequently Ulrich                  them in the context of the PHARE programme — the Court
Wölker and Xavier Lewis) — application for the annulment of                (Fourth Chamber), composed of: R.M. Moura Ramos, President,
a Commission decision refusing the applicant access to the                 V. Tiili and P. Mengozzi, Judges; A. Mair, Administrator, for
minutes of the Customs Code Committee — the Court (First                   the Registrar, has given a judgment on 9 July 1999, in which
Chamber, Extended Composition), composed of: B. Vesterdorf,                it:
President, C.W. Bellamy, J. Pirrung, A.W.H. Meij and M. Vila-
ras, Judges; H. Jung, Registrar, has given a judgment on 19 July
1999, in which it:                                                         1. Orders the defendant to pay damages in the amount of EUR
                                                                                100 000 to New Europe Consulting Ltd and damages in the
                                                                                amount of EUR 25 000 to Michael P. Brown;
1. Annuls the Commission decision of 30 April 1997 refusing the
     applicant access to the minutes of the Customs Committee;
                                                                           2. Orders the amounts of damages to bear default interest at the
                                                                                annual rate of 4.5 % from the date of this judgment until actual
2. Orders the Commission to pay the costs of the applicant, in                  payment;
     addition to its own costs;
                                                                           3. Orders the defendant to bear its own costs and to pay those of
3. Orders the Kingdom of Sweden to bear its own costs.                          the applicants.
(1) OJ C 252 of 16.8.1997.                                                 (1) OJ C 357 of 22.11.1997.