CELEX: C1998/234/46
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 9 June 1998 in Case T-172/95: Valentino Chesi and Others v Council of the European Union (Officials - Pensions - Weighting - Change of capital - Retroactive effect - Regulation (ECSC, EC, Euratom) No 3161/94 - Action for annulment - Admissibility - Act adversely affecting an official)

C 234/24              EN                 Official Journal of the European Communities                                   25.7.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 9 June 1998                                                     of 9 June 1998
in Case T-172/95: Valentino Chesi and Others v Council              in Case T-173/95: Erich Biedermann and Others v Court
                  of the European Union (1)                                 of Auditors of the European Communities (1)
                                                                    (Officials Ð Pensions Ð Weighting Ð Change of capital
(Officials Ð Pensions Ð Weighting Ð Change of capital
                                                                    Ð Retroactive effect Ð Regulation (ECSC, EC, Euratom)
Ð Retroactive effect Ð Regulation (ECSC, EC, Euratom)
                                                                    No 3161/94 Ð Action for annulment Ð Admissibility Ð
No 3161/94 Ð Action for annulment Ð Admissibility Ð
                                                                                 Act adversely affecting an official)
             Act adversely affecting an official)
                                                                                            (98/C 234/47)
                        (98/C 234/46)
                                                                                   (Language of the case: French)
               (Language of the case: French)
                                                                    In Case T-173/95: Erich Biedermann, Walter Hedderich
                                                                    and Alfred Wienrich, former officials of the Court of
In Case T-172/95: Valentino Chesi, Margot Jost and Ralph            Auditors, residing respectively at Holzkirchen, at Dreieich
Loebisch, former officials of the the Council of the                and at Karlsruhe (Germany), represented by Georges
European Union, residing respectively at Munich, at                 Vandersanden and Laure Levi, of the Brussels Bar, with an
Koblenz and at Berg (Germany), represented by Georges               address for service in Luxembourg at the offices of
Vandersanden and Laure Levi, of the Brussels Bar, with an           Fiduciaire Myson SaÁrl, 30 Rue de Cessange, v Court of
address for service in Luxembourg at the offices of                 Auditors of the European Communities (Agents: Jean-
Fiduciaire Myson SaÁrl, 30 Rue de Cessange, v Council of            Marie Stenier, Jan Inghelram and Paolo Giusta), supported
the European Union (Agents: initially, Yves Cretien,                by Council of the European Union (Agents: initially, Yves
Antonio Lucidi and Diego Canga Fano and, subsequently,              Cretien, Antonio Lucidi and Diego Canga Fano and,
Mr Lucidi and Mr Canga Fano alone), supported by                    subsequently, Mr Lucidi and Mr Canga Fano alone),
Federal Republic of Germany (Agents: Sabine Maass,                  Federal Republic of Germany (Agents: Sabine Maass,
Ernst Röder and Bernd Kloke) and Kingdom of the                     Ernst Röder and Bernd Kloke) and Kingdom of the
Netherlands (Agents: Marc Fierstra and Johannes van den             Netherlands (Agents: Marc Fierstra and Johannes van den
Oosterkamp) Ð application, first, for annulment of the              Oosterkamp) Ð application, first, for annulment of the
applicants' pension statements for December 1994,                   applicants' pension statements for December 1994,
inasmuch as those statements are drawn up on the basis of           inasmuch as those statements are drawn up on the basis of
Council Regulation (ECSC, EC, Euratom) No 3161/94 of                Council Regulation (ECSC, EC, Euratom) No 3161/94 of
19 December 1994 adjusting, with effect from 1 July                 19 December 1994 adjusting, with effect from 1 July
1994, the remuneration and pensions of officials (OJ L 335          1994, the remuneration and pensions of officials (OJ
of 23.12.1994, p. 1) and, second, for reinstatement of              L 335 of 23.12.1994, p. 1) and, second, for reinstatement
the applicants' pension rights in full, weighted, with effect       of the applicants' pension rights in full, weighted, with
from 3 October 1990, at the rate fixed by reference to the          effect from 3 October 1990 in the case of the applicants
cost of living in Berlin, and for default interest at the           Hedderich and Wienrich and with effect from 1 January
annual rate of 10 % Ð the Court of First Instance (Third            1991 in the case of the applicant Biedermann, at the rate
Chamber), composed of: B. Vesterdorf, President, and C. P.          fixed by reference to the cost of living in Berlin, and for
BrieÈt and A. Potocki, Judges; H. Jung, Registrar, has given        default interest at the annual rate of 10 % Ð the Court
a judgment on 9 June 1998, in which it:                             of First Instance (Third Chamber), composed of: B.
                                                                    Vesterdorf, President, and C. P. BrieÈt and A. Potocki,
                                                                    Judges; H. Jung, Registrar, has given a judgment on 9 June
                                                                    1998, in which it:
1. Dismisses the application as inadmissible;
                                                                    1. Dismisses the application as inadmissible;
2. Orders the parties to bear their own costs.
                                                                    2. Orders the parties to bear their own costs.
(1) OJ C 315 of 25.11.1995.
                                                                    (1) OJ C 315 of 25.11.1995.