CELEX: C1997/357/23
Language: en
Date: 1997-11-22 00:00:00
Title: Appeal brought on 19 September 1997 by Christos Apostolidis and others, 64 other officials and former officials of the Commission employed in the European Institute for Transuranic Elements, Karlsruhe, against the judgment delivered on 10 July 1997 by the Third Chamber of the Court of First Instance of the European Communities in Case T-81/96 between Christos Apostolidis and Others and the Commission of the European Communities, supported by the Council of the European Union (Case C-327/97 P)

22 . 11 . 97           EN                   Official Journal of the European Communities                                       C 357/ 13
Appeal brought on 19 September 1997 by Christos                             regulation fixing a specific weighting for Berlin and
Apostolidis and others, 64 other officials and former                       another for Karlsruhe . By considering that the
officials of the Commission employed in the European                        Commission was not required to draw up new pay
Institute for Transuranic Elements, Karlsruhe, against the                  slips applying the weighting for the country of
judgment delivered on 10 July 1997 by the Third                             employment, calculated by reference to the cost of
Chamber of the Court of First Instance of the European                      living in the capital in the absence of a specific
Communities        in    Case    T-81 /96   between     Christos            weighting for the applicants' place of employment, the
Apostolidis and Others and the Commission of the                            Court infringed Article 176 of the Treaty.
European Communities, supported by the Council of the
                         European Union                                — Infringement of Article 63 et seq. of the Staff
                       ( Case C-327/97 P                                    Regulations : pursuant to the provisions of the Staff
                          ( 97/C 357/23 )                                   Regulations as made clear by the Court of Justice in
                                                                            its judgment in Case C-301 /90 (') in the absence of a
                                                                            specific weighting for Karlsruhe, officials' pay slips
An appeal against the judgment delivered on 10 July 1997                    must be calculated on the basis of the weighting
by the Third Chamber of the Court of First Instance of the                  applicable in the capital , in this case Berlin .
European Communities in Case T-81 /96 between Christos                      Accordingly, it appears that, since the Commission
Apostolidis and Others and the Commission of the                            decided, in its discretion, not to bring an action
European Communities was brought before the Court of                        against the Council, it was obliged to apply to
Justice of the European Communities on 19 September                         officials' remuneration the weighting for the country
1997 by Christos Apostolidis and others, 64 other officials                 of employment calculated by reference to the cost of
and former officials of the Commission employed in the                      living in its capital , Berlin .
European Institute of Transuranic Elements, Karlsruhe,
represented by Jean-Noel Louis, Thierry Demaseure and                  (') Case C-301 /90 Commission v. Council [ 1992 ] ECR , p . 1-221 .
Ariane Tornel, of the Brussels Bar, with an address for
service in Luxembourg at the offices of Fiduciare Myson
Sari, 30 Rue de Cessange .
The appellant claims that the Court should :
                                                                       Reference for a preliminary ruling by the Bundesfinanzhof
— order that the judgment of the Court of First Instance               by order of that court of 12 August 1997 in the case of
     (Third Chamber ) of 10 July 1997 in Case T-81 /96                          Glob-Sped AG against Hauptzollamt Lorrach
     Apostolidis and Others v. Commission dismissing the                                        ( Case C-328/97 )
     application made by the applicants is set aside,
                                                                                                  ( 97/C 357/24 )
and grant the form of order sought at first instance,
namely:                                                                Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the Bundesfinanzhof
— order that the decision rejecting the applicants ' request           ( Federal Finance Court) of 12 August 1997, received at
     for the drawing-up of their pay slips for January 1992            the Court Registry on 22 September 1997, for a
     is annulled,                                                      preliminary ruling in the case of Glob-Sped AG against
                                                                       Hauptzollamt Lorrach ( Principal Customs Office Lorrach )
— the Commission is to pay to each applicant, as                       on the following questions :
     compensation for the non-material damage suffered,
     the sum of Bfrs 50 000,                                           1 . Are the comments of the Court of Justice in
                                                                            paragraph 15 of its judgment of 15 May 1997 in Case
— order the Commission to pay all the costs, including                      C-405/95 Bioforce v. Oberfinanzdirektion Miinchen to
     the costs incurred at first instance .                                 be interpreted as meaning that, in order for a
                                                                            preparation to be regarded as a product possessing the
Pleas in law and main arguments adduced in support:                         characteristic properties of a medicament for the
                                                                            purposes of heading 3004 of the combined
                                                                            nomenclature, it does not have to possess any
— Infringement of Article 215 ( 2 ) of the EC Treaty and
                                                                            objective qualities making it suitable for therapeutic or
     Article 44 ( 1 ) of the Rules of Procedure of the Court
     of First Instance — manifest error of assessment of the                prophylactic uses, but that just the overall presentation
                                                                            of the preparation ( information on its use, and its
     interests of the applicants in pursuing the action.
                                                                            packaging, dispensation and marketing), that is to say
                                                                            its subjective purpose, is sufficient for such a
— Infringement of Article 176 of the EC Treaty and of                       classification ?
     the case-law relied upon for its application, erroneous
     interpretation of the judgment of the Court of First
     Instance in Case T-64/92 : the Court of First Instance            2 . If Question 1 is answered in the negative :
     committed an error in law by considering that the
     judgment in Case T-64/92 imposed two inseparable                       Is   the   combined      nomenclature   for   1993     to    be
     obligations, namely that the Council should adopt a                    interpreted as meaning that vitamin pills such as