CELEX: C1997/271/23
Language: en
Date: 1997-09-06 00:00:00
Title: Designation of Presidents of Chambers and assignment of Judges to Chambers

C 271 / 14           EN                   Official Journal of the European Communities                                      6 . 9 . 97
                                                    COURT OF FIRST INSTANCE
Designation of Presidents of Chambers and assignment of                   to the Fourth Chamber, Extended Composition:
Judges to Chambers
                                                                          Ms Lindh ( President of Chamber), Mr García-
                       ( 97/C 271/23 )                                    Valdecasas, Mr Lenaerts, Mr Cooke and Mr Jaeger,
                                                                         Judges;
At its meeting on 2 July 1997 the Court of First Instance                 to the Fifth Chamber:
decided, pursuant to Article 2 ( 4 ) of the Council Decision
of 24 October 1988 and Articles 10 and 15 of the Rules
                                                                          Mr     Azizi   ( President of Chamber ),    Mr    García-
of Procedure of the Court of First Instance, for the period
between 1 October 1997 and 31 August 1998 :                              Valdecasas and Mr Jaeger, Judges;
A. to designate as Presidents of Chamber:                                 to the Fifth Chamber, Extended Composition:
    — Mr Kalogeropoulos,                                                  Mr Azizi ( President of Chamber), Mr Vesterdorf, Mr
                                                                          García-Valdecasas, Mr Moura Ramos and Mr Jaeger,
    — Ms Tiili ,                                                         Judges.
    — Ms Lindh,                                                      For cases in which the written procedure was completed
                                                                     and a hearing in the oral procedure was held or fixed
    — Mr Azizi .                                                     before 1 October 1997, the Chamber shall continue to sit
                                                                     with the same composition as before for the oral
B. to assign the Members of the Court of First Instance              procedure, the deliberation and the judgment.
    to the Chambers as follows:
                                                                     Criteria for assigning cases to the Chambers
    to the First Chamber:
                                                                     At its meeting on 2 July 1997, the Court of First Instance
    Mr Saggio ( President ), Mr Vesterdorf and Mr Moura              established the following criteria for the assignment of
    Ramos, Judges;                                                   cases to the Chambers for the period between 1 October
                                                                     1997 and 31 August 1998 pursuant to Article 12 of the
    to the First Chamber, Extended Composition:                      Rules of Procedure :
    Mr Saggio ( President), Mr Vesterdorf, Mr Bellamy, Mr            1 . ( a ) Actions which concern the implementation of the
    Moura Ramos and Mr Pirrung, Judges;                                        rules concerning State aid and the rules on trade
                                                                               protection measures are to be assigned, with effect
    to the Second Chamber:                                                     from the lodging of the application and without
                                                                               prejudice to any subsequent application of
                                                                               Articles 14 and 51 of the Rules of Procedure, to
    Mr Kalogeropoulos ( President of Chamber), Mr
                                                                               Chambers with an extended composition of five
    Bellamy and Mr Pirrung, Judges;
                                                                               Judges .
    to the Second Chamber, Extended Composition:                         ( b ) All other cases are to be assigned, with effect from
                                                                               the lodging of the application and without
    Mr Kalogeropoulos ( President of Chamber ), Mr Briët,                      prejudice to any subsequent application of
    Mr Bellamy, Mr Potocki , and Mr Pirrung, Judges;                           Articles 14 and 51 of the Rules of Procedure, to
                                                                               Chambers of three Judges.
    to the Third Chamber:
                                                                     2 . Cases referred to in paragraphs 1 ( a ) and 1 ( b ) are to
    Ms Tiili ( President of Chamber), Mr Briët and Mr                    be assigned to Chambers as follows :
    Potocki, Judges;
                                                                         ( a ) cases referred to in paragraph 1 ( a ) are to be
    to the Third Chamber, Extended Composition:                                assigned in turn, according to the order in which
                                                                               they are registered at the Court Registry, to the
                                                                               First, Second, Third, Fourth and Fifth Chambers,
   Ms Tiili ( President of Chamber), Mr Briët, Mr
                                                                               Extended Composition;
    Lenaerts, Mr Potocki and Mr Cooke, Judges;
                                                                         ( b ) cases referred to in paragraph 1 ( b ) are to be
   to the Fourth Chamber:                                                      assigned to the First, Second, Third, Fourth and
                                                                               Fifth Chambers. Such assignment is to be effected
   Ms Lindh ( President of Chamber), Mr García-                                on the basis of three separate rotas, according to
   Valdecasas, Mr Lenaerts, Mr Cooke and Mr Jaeger,                            the order in which they are registered at the Court
   Judges;                                                                     Registry:
 ---pagebreak--- 6 . 9 . 97            I EN |                Official Journal of the European Communities                                  C 271 / 15
          — cases referred to in Article 179 of the EC                 Wilms ) — Application for the annulment of Commission
               Treaty and Article 152 of the ECSC Treaty,              Decision C(94 ) 1410/11 of 12 July 1994, notified to the
                                                                       applicant on 27 December 1994, concerning financing
          — cases concerning the implementation of the                 from the European Social Fund for vocational training
               rules    on     competition      applicable    to       measures, — the Court of First Instance ( First Chamber),
               undertakings,                                           composed of: A. Saggio, President, V. Tiili and R. M.
                                                                       Moura Ramos, Judges, Registrar, J. Palacio Gonzalez,
          — the other cases covered by paragraph 1 ( b ).              Administrator has given a judgment on 14 July 1997, in
                                                                       which it :
The First Chamber and the First Chamber, Extended
Composition, presided by the President of the Court of                  1 . Annuls Commission Decision C(94) 1410/11 of 12 July
First Instance, shall not be included in those lists every                  1994, notified to the applicant on 27 December 1994,
third time the end of a rota is reached .                                   in Case No 870840/P1 , concerning financial assistance
                                                                            from the European Social Fund in respect of training
                                                                            measures, to the extent to which it reduces the
The President of the Court of First Instance may derogate                   amounts claimed by the applicant in its final payment
from that order on the ground that cases are related or                     claim solely because the costs in question had not been
with a view to ensuring an even spread of the workload.                     allowed in the decision of approval;
Plenary session                                                        2 . For the rest, dismisses the application;
At its meeting on 2 July 1997, the Court of First Instance
                                                                       3 . Orders the Commission to bear its own costs and pay
                                                                            all the costs incurred by the applicant.
decided pursuant to the second sub-paragraph of
Article 32 ( 1 ) of the Rules of Procedure of the Court of
First Instance that where, following the designation of an             (') OJ C 137, 3 . 6 . 1995 .
Advocate General pursuant to Article 17 of the Rules of
Procedure, there is an even number of Judges in the Court
of First Instance sitting in plenary session, the rota
established in advance in accordance with which the
President of the Court is to designate the Judge who will
not take part in the judgment of the case shall be in                    JUDGMENT OF THE COURT OF FIRST INSTANCE
reserve order to that in which the Judges rank according                                         of 15 July 1997
to their seniority in office under Article 6 of the Rules of
Procedure unless the Judge who would thus be designated                in Case T-187/95 : R v. Commission of the European
                                                                                                 Communities ( l )
is the Judge-Rapporteur. In that event, it shall be the judge
ranking immediately above him who shall be designated .                (Officials — Sickness insurance scheme — Occupational
                                                                       disease — Definition of the risk — Irregularity of the
                                                                                     opinion of the Medical Committee)
                                                                                                    ( 97/C 271 /25 )
                                                                                        (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                       In Case T-187/95 : R, the widow of an official of the
                         of 14 July 1997
                                                                       Commission of the European Communities, represented
in   Case     T-81/95 :  Interhotel   v.   Commission    of the        by Georges Vandersanden and Laure Levi, of the Brussels
                    European Communities (')                           Bar, with an address for service in Luxembourg at the
                                                                       offices of Fiduciaire Myson SARL, 30 Rue de Cessange, v.
(Social policy — European Social Fund — Assistance for                 Commission of the European Communities (Agents: Julian
the financing of vocational training measures — Action
                                                                       Currall, Jean-Luc Fagnart and Francois Tulkens ) —
for annulment — Notification of decision of approval —
                                                                       application, first, for the annulment of the decision of the
Decision on the final payment claim — Legal certainty —
                                                                       Commission of 14 December 1994 rejecting the
        Legitimate expectations — Statement of reasons)                applicant's request that the illness of which her husband
                          ( 97/C 271 /24 )                             died be recognized as an occupational disease; secondly,
                                                                       for default interest; and, thirdly, for compensation — the
                                                                       Court of First Instance ( Fifth Chamber ), composed of: R.
                (Language of the case: Portuguese)                     Garcia-Valdecasas, President, J. Azizi and M. Jaeger,
                                                                      Judges; J. Palacio Gonzalez, Administrator, for the
In Case T-81 /95 : Interhotel, Sociedade Internacional de              Registrar, has given a judgment on 15 July 1997, in which
Hoteis, SARL, established in Lisbon, represented by Jose               it :
Miguel Alarcao Judice, Nuno Morais Sarmento and
Gabriela Rodrigues Martins, of the Lisbon Bar, with an                 1 . annuls the decision of the Commission of 14 December
address for service at the chambers of Victor Gillen, 16                    1994 rejecting the request that the illness of the
Boulevard de la Foire v. Commission of the European                         applicant 's deceased husband be recognized as an
Communities, ( Agents : Antonio Caeiro and Giinter                          occupational disease;