CELEX: C1998/055/53
Language: en
Date: 1998-02-20 00:00:00
Title: Action brought on 17 September 1997 by Kurt Giegerich against the Commission of the European Communities (Case T-253/97)

20.2.98               EN                  Official Journal of the European Communities                                   C 55/25
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Berrisch) and Commission of the European Communities
                    of 18 December 1997                              (Agents: Eric White and Claus-Michael Happe) Ð
                                                                     application for taxation of costs following the judgment of
in Case T-178/94: Asociación Telefónica de Mutualistas               the Court of 18 September 1995 in Case T-167/94: Nölle
  (ATM) v. Commission of the European Communities (1)                v. Council and Commission [1995] ECR II-2589 Ð the
(State aid Ð Reduction in social charges Ð Closure of the            Court of First Instance (Second Chamber, Extended
file on the complaint Ð Interest in bringing proceedings             Composition), composed of: A. Kalogeropoulos, President,
                      Ð Inadmissibility)                             C. P. BrieÈt, C. W. Bellamy, A. Potocki and J. Pirrung,
                                                                     Judges; H. Jung, Registrar, has made an order on
                         (98/C 55/51)                                12 December 1997, the operative part of which is as
                                                                     follows:
                (Language of the case: Spanish)
                                                                     The total amount of the costs to be reimbursed by the
In Case T-178/94: Asociación Telefónica de Mutualistas               applicant to the Council, including the costs incurred by
(ATM), established in Madrid, represented by Juan                    the parties for the purpose of the present proceedings, is
Eugenio Blanco Rodríguez and Bernardo Vicente                        fixed at DEM 20 000.
HernaÂndez Bataller, of the Madrid Bar and by Lydie
Lorang, of the Luxembourg Bar, with an address for
                                                                     (1) OJ C 222, 18.8.1993.
service in Luxembourg at the Chambers of AndreÂ
SeÂreÂbriacoff, 11 rue Goethe, against Commission of the
European Communities (Agents: during the written
procedure initially by Francisco Enrique GonzaÂlez Diaz
and Michel Nolin, then by Francisco Santaolalla and
Michel Nolin, and during the oral procedure by Fernando
Castillo de la Torre) Ð application for annulment of the             Action brought on 17 September 1997 by Kurt Giegerich
Commission's decision, communicated to the Asociación                   against the Commission of the European Communities
Telefónica de Mutualistas by the Commission's letter                                       (Case T-253/97)
No D/30508 of 15 February 1994, to close the file on the
complaint lodged by that association objecting to the State                                   (98/C 55/53)
aid allegedly received by a public limited company,
CompanÄía Telefónica de EspanÄa SA Ð the Court of First                             (Language of the case: German)
Instance (First Chamber, Extended Composition),
composed of: A. Saggio, President, A. Kalogeropoulos, V.             An action against the Commission of the European
Tiili, R. M. Moura Ramos and J. Pirrung, Judges; B.                  Communities was brought before the Court of First
Pastor, Principal Administrator, for the Registrar, has given        Instance of the European Communities on 17 September
a judgment on 18 December 1997, in which it:                         1997 by Kurt Giegerich, residing at Osmate/VA (Italy),
                                                                     represented by Bernd Potthast, Hans-Josef Rüber and
1. dismisses the application as inadmissible;                        Albert Potthast, Rechtsanwälte, Cologne, with an address
                                                                     for service in Luxembourg at the Chambers of Ernest
2. orders the applicant to bear its own costs and to pay             Arendt, 8Ð10 rue Mathias Hardt.
      those of the Commission.
                                                                     The applicant claims that the Court should:
(1) OJ C 174, 25.6.1994.
                                                                     Ð annul the defendant's decision of 18 October 1996,
                                                                     Ð order the defendant to pay to the applicant
                                                                         compensation for the damage suffered by him as a
      ORDER OF THE COURT OF FIRST INSTANCE                               result of his not having been promoted to grade A 3
                                                                         with effect from 25 March 1991, in the form of a sum
                    of 12 December 1997                                  representing the difference between the levels of
in Case T-167/94 (92): Detlef Nölle v. Council of the                    remuneration payable to grade A 4 officials and
European Union and Commission of the European                            grade A 3 officials for the period from April 1991 to
                       Communities (1)                                   date, and declare, as regards the future, that an
                                                                         adjustment should be made to compensate for the
                      (Taxation of costs)
                                                                         corresponding damage arising from the receipt by the
                         (98/C 55/52)                                    applicant of a smaller pension and the possible receipt
                                                                         by his wife of a smaller widow's pension,
                (Language of the case: German)
                                                                     Ð alternatively, order the defendant to pay to the
In Case T-167/94 (92): Detlef Nölle, trading as Eugen                   applicant compensation for the damage suffered by
Nölle', of Remscheid (Germany), represented by Frank                     him as a result of his not having been promoted to
Montag and Hans-Joachim Prieû, Rechtsanwälte, Brussels,                  grade A 3 with effect from 1 November 1995,
against Council of the European Union (Agents: Jorge                     covering his period of active employment and the
Monteiro, Jürgen Huber, Hans-Jürgen Rabe and Georg M.                    period during which he is in receipt of his pension and
 ---pagebreak--- C 55/26               EN                 Official Journal of the European Communities                                   20.2.98
     also, as the case may be, the subsequent period during         Instance of the European Communities on 2 December
     which his widow receives a widow's pension,                    1997 by Alzetta Mauro, Antonini Maria Luisa, Avon
                                                                    Maria Angela, Avon Pietro, Biasotto Marzio, Bianchin
                                                                    Roberto, Bagatin Venanzio, Bit Leo, Bortolus Giuseppe,
Ð order the defendant to pay the costs.
                                                                    Bortolussi Urbano, Brovedani Francesco, Bot Roberto,
                                                                    Carcione Leone, Casagrande Elio, Cicagna Giuseppe,
Pleas in law and main arguments adduced in support:                 Cogato Luigi, Corradini Franco, Cozzi Aldo, Dal Pos
                                                                    Marinella, De Re Guido, De Zotti Giovanni, Favalessa
                                                                    Enzo, Furlan Giuseppe, Marchese Michelino, Marson
From March 1991 the applicant, who has been in
                                                                    Graziella, Miorini Pierluigi, Picolo Claudio, Pinna Mario,
retirement since 1 November 1996, was a grade A 4
                                                                    Pivetta Giorgio, Pivetta Luciano Stelvio, Pizzolitto Enrico,
official employed as the Head of the large and important
                                                                    Sferruggia Mariano, represented by Antonia Pili, of the
Management Support Unit of the Joint Research Centre at
                                                                    Pordnone Bar, Anselmo Barone and Giancarlo Pezzano, of
Ispra. He claims that, before being transferred to that
                                                                    the Rome Bar, with an address for service in Luxembourg
post, he was told by his then superior that this must and
                                                                    at the Chambers of Louis Schiltz, 2, rue du Fort
would lead to his promotion to grade A 3. However, he
                                                                    Rheinsheim.
was subsequently denied that promotion. The applicant is
now contesting the failure to grant him the promotion
promised to him in 1991, the continuing failure to                  The applicants claim that the Court should:
promote him during the period from 1991 to 1996 and
the fact that he was not promoted in 1996 with
retroactive effect from 1 November 1995. To that end, the           Ð annul Commission Decision C(97) 2735 final of
applicant invokes the prohibition of discrimination and/or               30 July 1997,
the principle of equal treatment, together with the duty
incumbent on the defendant to have regard for the
interests and welfare of officials, since the applicant, like       Ð in the alternative, annul Article 5 of that Decision
the other heads of units within the administration of the                inasmuch as it requires the Member State to recover
Joint Research Centre, was entitled to be employed in an                 the aid (granted as from 1 July 1990), together with
A 3 post. The applicant bases his claim for compensation                 the interest accrued as from the date on which the aid
on the fact that the manner in which the specific                        was paid,
procedure for the promotion of officials to grade A 3 was
held in 1996 was legally open to challenge. Thus, not only          Ð in any event, order the Commission of the European
were the reports concerning the applicant not produced by                Communities to pay the costs.
the due date; in addition, the contemporary reports were
not submitted during the course of the selection
procedure. Had the procedure been correctly followed, the           Pleas in law and main arguments adduced in support:
applicant would have been promoted, with retroactive
effect from 1 November 1995, to an A 3 post becoming
vacant following the retirement of another official. Before         The pleas in law and main arguments are similar to those
himself going into retirement, the applicant would have             relied upon in Case T-288/97 Regione Friuli-Venezia
worked for a whole year in that position. He therefore              Giulia v. Commission (1).
claims that he is entitled to be placed in the position in
which he would have found himself if the defendant had              (1) Not yet published in the Official Journal.
fulfilled its obligations in the correct manner. This means
that he is entitled to receive compensation for the material
damage suffered by him, in the form of payment of the
difference between the remuneration of an A 4 official and
an A 3 official, together with a corresponding adjustment
in respect of pension payments.
                                                                    Action brought on 9 December 1997 by The Bavarian
                                                                    Lager Company Limited against the Commission of the
                                                                                        European Communities
                                                                                            (Case T-309/97)
                                                                                              (98/C 55/55)
Action brought on 2 December 1997 by Mauro Alzetta
and Others against the Commission of the European
                         Communities                                                (Language of the case: English)
                       (Case T-298/97)
                         (98/C 55/54)                               An action against the Commission of the European
                                                                    Communities was brought before the Court of First
                                                                    Instance of the European Communities on 9 December
                (Language of the case: Italian)
                                                                    1997 by the Bavarian Lager Company Limited,
                                                                    represented by Stephen Hornsby, with an address for
An action against the Commission of the European                    service in Luxembourg at the Chambers of AndreÂ Marc,
Communities was brought before the Court of First                   56Ð58 rue Charles Martel.