CELEX: C1997/252/89
Language: en
Date: 1997-08-16 00:00:00
Title: Removal from the register of T-71/97

No C 252/42          EN                 Official Journal of the European Communities                                  16 . 8 . 97
1996 ('), which held to be unlawful the rejection of the                   Removal from the register of T-17/97 R (')
complaint submitted by him against a decision which,                                          ( 97/C 252/87
although recognizing his entitlement to the allowance for
persons treated as dependent children in respect of the                            (Language of the case: Italian)
first of his two sons, withheld the right to that allowance
for his second son. After that judgment was notified to            By order of 30 June 1997 the President of the Court of
him, the applicant requested the relevant Director-General         First Instance of the European Communities has ordered
to extend the effect of that judgment to the years 1993 ,          the removal from the register of Case T-17/97 R:
1994 and 1995 . In its reply of 10 September 1996, the             Viglienzone Adriatica SpA v. Commission of the European
                                                                   Communities .
administrative authority granted that request only for the
period from 1 December 1992 to 30 November 1993 , on
                                                                   (') OJ No C 108 , 5 . 4 . 1997.
the ground that the judgment of 19 June could not be
regarded as implying that a second allowance should be
granted for periods after those covered by the annulled
decision. A subsequent request for review of that decision
was also rejected, by decision of 15 October 1996 .
                                                                           Removal from the register of T-39/97 R (')
                                                                                              ( 97/C 252/88 )
Consequently, whilst the applicant seeks, by virtue of the
judgment, a new decision covering all the periods of time                        (Language of the case: German)
for which, in his opinion, he is entitled to an allowance          By order of 13 June 1997 the President of the Court of
for a person treated as a dependent child for both his             First Instance of the European Communities has ordered
sons, the Commission has granted him that right only for           the removal from the register of Case T-39/97 R: T.
the period of time expressly mentioned in the body of the          Port GmbH & Co. v. Commission of the European
annulling judgment. In the applicant's view, the                   Communities .
Commission is exploiting the alleged imprecision of the
judgment as regards the periods following 30 November              (') OJ No C 131 , 26 . 4 . 1997.
1993 in order to withhold a right which is lawfully vested
in him. He considers that the administrative authority is
thereby guilty of misuse of powers.
                                                                             Removal from the register of T-71/97 (')
The applicant considers that the judgment of 19 June
1996 is effective ex tunc and that the Commission should                                      ( 97/C 252/89
therefore review the case not only for the period to which                        (Language of the case: English)
the annulled decision relates but also for subsequent
periods .                                                          By order of 2 June 1997 the President of the Third
                                                                   Chamber of the Court of First Instance of the European
                                                                   Communities has ordered the removal from the register of
(') ECR-SC 1996 ] 11-909 .
                                                                   Case T-71/97: Monsanto Europe SA v. Commission of the
                                                                   European Communities.
                                                                   H OJ No C 181 , 14 . 6 . 1997.