CELEX: C1998/378/30
Language: en
Date: 1998-12-05 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 30 September 1998 in Case T-121/97: Richie Ryan v. Court of Auditors of the European Communities (Action for annulment - System of payment for the members of the Court of Auditors - Departure from office - Pension - No increase - Infringement of the basic regulation - Statement of reasons - Legitimate expectations - Principle of non-discrimination)

5.12.98              EN                   Official Journal of the European Communities                                C 378/17
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            the Chambers of Jacques Schroeder of Faltz et AssocieÂs, 6,
                    of 30 September 1998                             Rue Heine, against the Commission of the European
                                                                     Communities (Agents: Ana Maria Alves Vieira and Knut
in Case T-121/97: Richie Ryan v. Court of Auditors of the            Simonsson) Ð application for taxation of costs made
                  European Communities (1)                           following the judgment of the Court of First Instance of
(Action for annulment Ð System of payment for the                    11 July 1996 in Case T-271/94 Branco v. Commission
members of the Court of Auditors Ð Departure from                    [1996] ECR II-749 Ð the Court of First Instance (Fifth
office Ð Pension Ð No increase Ð Infringement of the                 Chamber), composed of: J. Azizi, President, R. García-
basic regulation Ð Statement of reasons Ð Legitimate                 Valdecasas and M. Jaeger, Judges; H. Jung, Registrar,
      expectations Ð Principle of non-discrimination)                made an order on 17 September 1998, the operative part
                                                                     of which is as follows:
                         (98/C 378/30)
               (Language of the case: French)                        The total amount of the recoverable costs in Case T-271/
                                                                     94 is fixed at PTE 1 316 660, including VAT.
In Case T-121/97: Richie Ryan, former member of the
Court of Auditors of the European Communities, resident              (1) OJ C 288, 15.10.1994.
in Dublin, represented by Georges Vandersanden, of the
Brussels Bar, with an address for service in Luxembourg at
the Offices of Fiduciaire Myson SARL, 30 Rue de
Cessange, against the Court of Auditors of the European
Communities (Agents: Jean-Marie Stenier, Jan Inghelram
and Paolo Giusta), supported by the Council of the
European Union (Agents: Jean-Paul JacqueÂ and TheÂreÁse
                                                                          ORDER OF THE COURT OF FIRST INSTANCE
Blanchet) Ð application for the annulment of the decision
of the Court of Auditors of 20 February 1997 setting the                                 of 15 September 1998
rate of the applicant's pension with effect from 1 March
                                                                      in Case T-109/97: Molkerei Groûbraunshain GmbH and
1997 Ð the Court of First Instance (Fifth Chamber),
                                                                          Bene Nahrungsmittel GmbH v. Commission of the
composed of: J. Azizi, President, R. García-Valdecasas and
                                                                                       European Communities (1)
M. Jaeger, Judges; B. Pastor, Principal Administrator, for
the Registrar, has given a judgment on 30 September                  (Community protection of designations of origin Ð
1998, in which it:                                                   Registration under a Commission Regulation of a
                                                                     designation for a geographical area considered by the
1. Annuls the decision of the Court of Auditors of                   applicants to be too large Ð Action for annulment Ð
    20 February 1997 setting the rate of the applicant's                                     Inadmissibility)
    pension;
                                                                                              (98/C 378/32)
2. Orders the Court of Auditors to pay the costs;
                                                                                    (Language of the case: German)
3. Orders the Council to bear its own costs.
(1) OJ C 199, 28.6.1997.
                                                                     In Case T-109/97: Molkerei Groûbraunshain GmbH and
                                                                     Bene Nahrungsmittel GmbH, established in Altenburg
                                                                     (Germany), represented by Michael Loschelder and Thilo
                                                                     Klingbeil, lawyers, Cologne, with an address for service in
                                                                     Luxembourg at the Chambers of Marc Loesch, 11 Rue
                                                                     Goethe, supported by Freistaat Thüringen, represented by
                                                                     Georg M. Berrisch, lawyer, Hamburg, with an address for
     ORDER OF THE COURT OF FIRST INSTANCE                            service in Luxembourg at the Chambers of Guy Harles,
                       (Fifth Chamber)                               8Ð10 Rue Mathias Hardt, against Commission of the
                                                                     European Communities (Agents: JoseÂ-Luis Iglesias
                    of 17 September 1998                             Buhigues, Ulrich Wölker and Bertrand Wägenbaur),
       in Case T-271/94 (92): EugeÂnio Branco Lda v.                 supported by Molkerei und Weichkäserei K.-H.
        Commission of the European Communities (1)                   Zimmermann         GmbH,      established  in   Falkenhain
                                                                     (Germany), represented by Philipp Lotze and Stefan Lehr,
                      (Taxation of costs)                            of the Brussels Bar, with an address for service in
                         (98/C 378/31)                               Luxembourg at the Chambers of ReneÂ Foltz, 6 Rue
                                                                     Heinrich Heine, Ð application for annulment of
                                                                     Commission Regulation (EC) No 123/97 of 23 January
             (Language of the case: Portuguese)
                                                                     1997 supplementing the Annex to Commission Regulation
                                                                     (EC) No 1107/96 on the registration of geographical
In Case T-271/94 (92): EugeÂnio Branco Lda, established in           indications and designations of origin under the procedure
Lisbon, represented by Bolota Belchior, of the Vila Nova             laid down in Article 17 of Regulation (EEC) No 2081/92
de Gaia Bar, with an address for service in Luxembourg at            (OJ L 22, 24.1.1997, p. 19), in so far as it registers the