CELEX: C1996/210/30
Language: en
Date: 1996-07-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 5 June 1996 in Case T-162/94, NMB France and Others v. Commission of the European Communities (Anti-dumping duties - Ball-bearings - Reimbursement - 'Duty as a cost' rule - Difference of treatment between associated importers and independent importers - Previous judgment of the Court of Justice - Res judicata)

No C 210/ 12           EN                   Official Journal of the European Communities                                  20 . 7 . 96
                                                      COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 5 June 1996                                                         of 5 June 1996
in Case T-92/94: Rodolfo Maslias v. European                           in Case T-162/94, NMB France and Others v. Commission
                           Parliament ( 1 )                                           of the European Communities ( ] )
(Officials — Household allowance — Spouse's income from                (Anti-dumping duties — Ball-bearings — Reimbursement
employment in excess of the ceiling under the Staff                    — 'Duty as a cost' rule — Difference of treatment between
Regulations — Retroactive withdrawal ofentitlement to the              associated importers and independent importers —
         allowance — Recovery of undue payment)                        Previous judgment of the Court of Justice — Res
                          ( 96/C 210/29 )                                                           judicata)
                                                                                                 ( 96/C 210/30 )
                 (Language of tbe case: Greek)
                                                                                       (Language of tbe case: English)
In Case T-92/94 : Rodolfo Maslias, an official of the                  In Case T-162/94 , NMB France SARL, whose registered
European Parliament, residing in Luxembourg, represented               office is in Argenteuil ( France ), NMB-Minebea-GmbH,
by Charissios Tagaras, of the Thessaloniki Bar, with an                whose registered office is in Langen ( Germany ), NMB (UK )
address for service in Luxembourg at the Chambers of                   Ltd, whose registered office is in Bracknell , Berkshire
Evelyn Korn, 22 Rue de Nassau, v . European Parliament                 ( United Kingdom ), and NMB Italia Sri , whose registered
( Agent: Jannis Pantalis ) — application, first, for annulment         office is in Mazzo di Rho ( Italy ), represented by Ian
of the decision of 21 June 1993 withdrawing, with effect               Forrester QC, of the Scots Bar, Jacquelyn F. MacLennan,
from 1 August 1988 , the applicant's entitlement to the                Solicitor, and A. Kaplanidis, of the Thessaloniki Bar, with
household allowance and providing for recovery of the sum              an address for service in Luxembourg at the Chambers of
of LR 676 800 , and, second, for annulment of the decision             Loesch & Wolter, 11 Rue Goethe, v. Commission of the
of 3 December 1993 rejecting the applicant's complaint —               European Communities ( Agents : Eric L. White, and
the Court of First Instance (Third Chamber ), composed of:             Claus-Michael Happe ), supported by Federation of
B. Vesterdorf, acting for the President, and P. Lindh and A.           European Bearing Manufacturers ' Associations ( Febma ),
Potocki, Judges; B. Pastor, Principal Administrator, for the           whose headquarters is in Frankfurt ( Germany ), represented
Registrar, has given a judgment of 5 June 1 996 , in which             by Dietrich Ehle and Volker Schiller, Rechtsanwàlte ,
it :                                                                   Cologne, with an address for service in Luxembourg at the
                                                                       Chambers of Arendt & Medernach, 8—10 Rue Mathias
                                                                       Hardt — application for the annulment of Commission
                                                                       Decisions 92/332/EEC, 92/333/EEC, 92/334/EEC and
1 . annuls the decision of the Parliament of2 1 June 1994 in           92/335/EEC of 3 June 1992 concerning applications for the
     so far as it requires the recovery of sums unduly paid in         refund of anti-dumping duties collected on certain imports
     respect of the household allowance for the period from            of certain ball-bearings originating in Singapore ( OJ No
     1 August 1988 to 30 November 1989;                                L 185 , 1992 , pp . 35 , 38 , 41 and 44 ) — the Court of First
                                                                       Instance of the European Communities ( Second Chamber,
                                                                       Extended Composition ) composed of H. Kirschner,
2 , orders the Parliament to pay default interest at the               President, B. Vesterdorf, C. W. Bellamy, A. Kalogeropoulos
     annual rate of 8% on all sums recovered by it in excess           and A. Potocki, Judges, Registrar: J. Palacio Gonzalez,
     of the limits laid down by the present judgment;                  Administrator, gave a judgment on 5 June 1996 in which
                                                                       it :
3 , dismisses the remainder of the application;                         1 . declares that it is unnecessary to give judgment on the
                                                                            action brought by NMB France SARL;
4 . orders the parties to bear their own costs.
                                                                       2 , declares that it is unnecessary to give judgment on the
                                                                            action brought by NMB-Minebea-GmbH, NMB (UK)
                                                                            Ltd and NMB Italia Sri to the extent to which it relates
(!) OJ No C 132 of 14 . 5 . 1994 .
                                                                            to the reimbursement of anti-dumping duties collected
                                                                            in relation to the period from 21 September 1990;
                                                                       3.   dismisses the remainder of the action;
 ---pagebreak--- 20 . 7. 96             EN                   Official Journal of the European Communities                              No C 21 0/ 13
4 , orders the applicants jointly and severally to bear the            with an address for service in Luxembourg a the Chambers
      costs, with the exception of those of the intervener,            of Louis Schiltz, 2 Rue du Fort Rheinsheim v. Council of the
      which shall bear its own costs .                                 European Union ( Agents : Giorgio Maganza and Antonio
                                                                       Tanca ) — application for annulment of Council Decision
(!) OJ No C 246 , 24 . 9 . 1992 .                                      94/660/EC, Euratom, of 26 September 1994 appointing the
                                                                       members of the Economic and Social Committee for the
                                                                       period from 21 September 1994 to 20 September 1998 ( OJ
                                                                       No L 257, 1994 , p . 20 ) — the Court of First Instance
                                                                       ( Fourth Chamber ), composed of K. Lenaerts , President, P.
                                                                       Lindh and J. D. Cooke, Judges; J. Palacio Gonzalez,
JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                       Administrator, for the Registrar, gave a judgment on 6 June
                          of 5 June 1996                               1996 , in which it:
in     Case   T-75 /95 :      Giinzler Aluminium      GmbH     v.
        Commission of the European Communities (')                     1 , rejects the application;
(Action for annulment — Commission decision refusing
                  remission of import duties)
                                                                       2 , orders the applicants jointly and severally to pay the
                           ( 96/C 210/31 )                                  costs .
                (Language of the case: German)                         (') OJ No C 386 , 31 . 12 . 1994 .
In Case T-75/95 : Giinzler Aluminium GmbH, established at
Ostfildern, Germany, represented by Jurgen StrauE,
Rechtsanwalt, 11 Uhlandstrafêe, Stuttgart, against
Commission of the European Communities ( Agent: Claudia
Schmidt ) — application for annulment of the Commission's
decision of 14 November 1994, document K(91 1)3006                      JUDGMENT OF THE COURT OF FIRST INSTANCE
final, concerning remission of import duties, which is
addressed to the Federal Republic of Germany — the Court                                       of 11 June 1996
of First Instance (Third Chamber ), composed of C. P. Briët,           in Case T-l 10/94 : Beatriz Sanchez Mateo v . Commission of
President, B. Vesterdorf and A. Potocki, Judges; B. Pastor,                            the European Communities ( 1 )
Principal Administrator, for the Registrar, gave a judgment            (Officials — Transfers ofpart of an official's remuneration
on 5 June 1996 , in which it:                                          in the currency of a Member State other than that in which
                                                                               the institution has its seat — Inadmissibility)
1 , dismisses the application as inadmissible in so far as it                                      96/C 210/33 )
      seeks that directions be issued to the Commission;
2 , dismisses the remainder of the application as                                     (Language of the case: Spanish)
      unfounded;
                                                                       In Case T-l 10/94 : Beatriz Sanchez Mateo, an official of the
3 , orders the applicant to pay the costs.                             Commission of the European Communities , represented by
                                                                       Antonio Creus, of the Barcelona Bar, and Bonifacio Garcia
( ] ) OJ No C 137, 3 . 6 . 1995 .                                      Porras, of the Salamanca Bar v . Commission of the
                                                                       European Communities ( Agents : Amparo Alcover San
                                                                       Pedro, Ana Maria Alves Vieira and Carlos Gômez de la
                                                                       Cruz ) — application for ( 1 ) annulment of the decision
                                                                       rejecting the complaint concerning the transfer of part of the
                                                                       applicant's remuneration to a building account in Danish
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               crowns ( 2 ) confirmation of the applicant's entitlement to
                           of 6 June 1996                              such a transfer ( 3 ) damages — the Court of First Instance
in Case T-3 82/94 : Confederazione Generale dell'Industria              ( Third Chamber ), composed of C. P. Briët, President, B.
Italiana ( Confindustria ) and Aldo Romoli v. Council of the           Vesterdorf and A. Potocki, Judges ; B. Pastor, Principal
                       European Union ( 1 )                            Administrator, for the Registrar, gave a judgment on
                                                                         11 June 1996 , the operative part of which is as follows :
 (Appointment of the members of the Economic and Social
                              Committee)
                            ( 96/C 210/32 )                             1 , the application is dismissed as inadmissible;
                 (Language of the case: Italian)                        2 , each of the parties shall bear its own costs.
 In Case T-382/94 : Confederazione Generale dell'Industria
                                                                        (') OJ No C 120 , 30 . 4 . 1994 .
 Italiana ( Confindustria ), established in Rome , and Aldo
 Romoli, residing in Milan, represented by Fausto Capelli, of
 the Milan Bar, and Louis Schiltz, of the Luxembourg Bar,