CELEX: C2001/161/01
Language: en
Date: 2001-06-02 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 11 January 2001 in Case C-389/98 P: Hans Gevaert v Commission of the European Communities (Appeals — Officials — Request for review of classification in grade — Action — Expiry of time-limits — New fact — Inequality of treatment)

2.6.2001                 EN                       Official Journal of the European Communities                                                C 161/1
                                                                          I
                                                                    (Information)
                                                       COURT OF JUSTICE
                                                                COURT OF JUSTICE
                  JUDGMENT OF THE COURT                                       2.    Annuls the decision of the Commission of the European
                                                                                    Communities of 26 August 1996 rejecting Mr Gevaert’s
                                                                                    request for a review of his classification in grade;
                           (Fifth Chamber)
                                                                              3.    Orders the Commission of the European Communities to bear
                         of 11 January 2001                                         all the costs of the proceedings before the Court of First Instance
                                                                                    and the Court of Justice.
in Case C-389/98 P: Hans Gevaert v Commission of the
                    European Communities (1)                                  (1) OJ C 397, 19.12.1998.
(Appeals — Officials — Request for review of classification
in grade — Action — Expiry of time-limits — New fact —
                       Inequality of treatment)
                           (2001/C 161/01)                                                      JUDGMENT OF THE COURT
                                                                                                         (Sixth Chamber)
                     (Language of the case: French)
                                                                                                        of 11 January 2001
(Provisional translation; the definitive translation will be published        in Case C-403/98 (reference for a preliminary ruling from
                    in the European Court Reports)                            the Tribunale Civile e Penale di Cagliari, Italy): Azienda
                                                                              Agricola Monte Arcosu Srl v Regione Autonoma della
                                                                              Sardegna, Organismo Comprensoriale No 24 della Sardeg-
In Case C-389/98 P: Hans Gevaert, an official of the Com-                     na, Ente Regionale per l’Assistenza Tecnica in Agricoltura
mission of the European Communities, residing in Merelbeke                                                  (ERSAT) (1)
(Belgium), represented by N. Lhoëst — application for an
appeal against the order of the Court of First Instance of the                (Agriculture — Farmer practising farming as his main
European Communities (First Chamber) of 19 August 1998 in                          occupation — Concept — Private limited company)
Case T-160/97 Gevaert v Commission [1998] ECR-SC I-A-
465 and II-1363, seeking to have that order set aside:
                                                                                                          (2001/C 161/02)
Commission of the European Communities (Agents: G. Valses-
ia, C. Berardis-Kayser and F. Duvieusart-Clotuche) — the Court
(Fifth Chamber), composed of: D.A.O. Edward, acting as                                              (Language of the case: Italian)
President of the Fifth Chamber, P. Jann and L. Sevón (Rappor-
teur), Judges; P. Léger, Advocate General; L. Hewlett, Adminis-
trator, for the Registrar, has given a judgment on 11 January                 (Provisional translation; the definitive translation will be published
2001, in which it:                                                                                 in the European Court Reports)
1.    Sets aside the order of the Court of First Instance of 19 August        In Case C-403/98: reference to the Court under Article 177 of
      1998 in Case T-160/97 Gevaert v Commission;                             the EC Treaty (now Article 234 EC) from the Tribunale Civile