CELEX: C2000/122/41
Language: en
Date: 2000-04-29 00:00:00
Title: Judgment of the Court of First Instance of 23 February 2000 in Joined Cases T-223/97 and T-17/98: Reinder Kooyman and Petra Van Eynde-Neutens v European Parliament (Officials — Auxiliary staff — Auxiliary interpreters employed for the sessions of the Parliament — Lawfulness of the deduction of Community tax from their remuneration)

C 122/30                EN                      Official Journal of the European Communities                                    29.4.2000
     — annuls Article 2(1) of Decision 94/815 in so far as it finds            JUDGMENT OF THE COURT OF FIRST INSTANCE
        that there were agreements on the exchange of price
        information at the meetings of the Executive Committee of                                  of 9 March 2000
        Cembureau — The European Cement Association, and in so
        far as it finds that the applicant participated in the
                                                                           in Case T-29/97: Alain Libéros v Commission of the
        infringement after 19 March 1984;
                                                                                              European Communities (1)
     — annuls Article 2(2) of Decision 94/815 as regards the               (Officials — Classification in grade — Professional experi-
        applicant in so far as it finds that the periodic circulation of                                   ence)
        information between Cembureau — The European Cement
        Association and its members related, so far as concerns the                                (2000/C 122/40)
        Belgian and Netherlands prices, to those two countries’
        producers’ minimum prices for supplies of cement by lorry
        and, so far as concerns Luxembourg, the prices, inclusive of                          (Language of the case: French)
        rebates, of that country’s producer;
                                                                           In Case T-29/97: Alain Libéros, an official of the Commission
     — annuls Article 5 of Decision 94/815 in so far as it concerns        of the European Communities, residing in Brussels, represented
        the applicant;                                                     by M.-A. Lucas, of the Liège Bar, with an address for service in
                                                                           Luxembourg at the Chambers of E. Korn, 21 Rue de Nassau,
                                                                           against Commission of the European Communities (Agents:
     — annuls Article 9 of Decision 94/815 in so far as it concerns        J. Currall and F. Duvieusart-Clotuche) — application for annul-
        the applicant;                                                     ment of the Commission decision of 15 March 1996 determin-
                                                                           ing the applicant’s definitive classification in Grade A 7 and
                                                                           for annulment of the Commission decision of 5 November
     — dismisses the remainder of the application;                         1996 dismissing the applicant’s administrative complaint —
                                                                           the Court of First Instance (Single Judge), composed of
                                                                           B. Vesterdorf, ruling as a single judge; H. Jung, Registrar, has
     — orders each party to bear its own costs.                            given a judgment on 9 March 2000, the operative part of
                                                                           which is as follows:
42. In Case T-104/95 Tsimenta Chalkidos v Commission:                      1. The application is dismissed;
     — annuls Article 1 of Decision 94/815 in so far as it finds           2. The parties shall bear their own costs.
        that the applicant participated in the infringement before
        18 November 1983 and after 1 September 1986;                       (1) OJ C 131 of 26.4.1997.
     — annuls Article 6 of Decision 94/815 in so far as it finds
        that the applicant participated in the infringement before
        18 November 1983 and after 1 September 1986;
     — fixes the amount of the fine imposed on the applicant by                JUDGMENT OF THE COURT OF FIRST INSTANCE
        Article 9 of Decision 94/815 at EUR 510 000;
                                                                                                 of 23 February 2000
     — dismisses the remainder of the application;
                                                                           in Joined Cases T-223/97 and T-17/98: Reinder Kooyman
                                                                             and Petra Van Eynde-Neutens v European Parliament (1)
     — orders the applicant to bear its own costs and to pay one half
        of the costs incurred by the Commission;                           (Officials — Auxiliary staff — Auxiliary interpreters
                                                                           employed for the sessions of the Parliament — Lawfulness
                                                                           of the deduction of Community tax from their remuneration)
     — orders the Commission to bear one half of its own costs.
                                                                                                   (2000/C 122/41)
(1) OJ C 101 of 22.4.1995, C 119 of 13.5.1995, C 137 of 3.6.1995                              (Language of the case: Dutch)
    and C 208 of 12.8.1995.
                                                                           In Joined Cases T-223/97 and T-17/98: Reinder Kooyman and
                                                                           Petra Van Eynde-Neutens, conference interpreters respectively
                                                                           residing in Zurich (Switzerland) and in Brussels, represented
                                                                           by G. van der Wal, Advocaat with a right of audience before
 ---pagebreak--- 29.4.2000              EN                      Official Journal of the European Communities                                      C 122/31
the Netherlands Hoge Raad and of the Brussels Bar, with an                2. orders the Commission to pay the costs.
address for service in Luxembourg at the Chambers of Aloyse
May, 31 Grand-Rue, v European Parliament (Agents: Manfred
Peter, João Sant’Anna, Francis Herbert and Dirk Arts) —                  (1) OJ C 234, 25.7.1998.
application for reimbursement of the Community tax deducted
from the applicants’ remuneration (Cases T-223/97 and
T-17/98) and, by way of subsidiary relief, for compensation
for the damage flowing from the double taxation of that
remuneration (Case T-17/98) — the Court of First Instance
(Second Chamber), composed of: A. Potocki, President, and
J. Pirrung and A.W.H. Meij, Judges; G. Herzig, Administrator,                 JUDGMENT OF THE COURT OF FIRST INSTANCE
for the Registrar, has given a judgment on 23 February 2000,
in which it:
                                                                                                of 22 February 2000
1. Dismisses the applications for annulment in Cases T-223/97
     and T-17/98;                                                         in Case T-138/98 Armement Coopératif Artisanal Ven-
                                                                          déen (ACAV) and Others v Council of the European
2. Dismisses the application for compensation in Case T-17/98;                                        Union (1)
3. Orders the parties to bear their own costs.                            (Fisheries — Regulation (EC) No 1239/98 — Prohibition of
                                                                              drift-nets — Action for annulment — Inadmissibility)
(1) OJ C 318 of 18.10.1997 and OJ C 94 of 28.3.1998.                                              (2000/C 122/43)
                                                                                             (Language of the case: French)
                                                                          In Case T-138/98: Armement Coopératif Artisanal Vendéen
                                                                          (ACAV), established in Sables-d’Olonne (France), and Arme-
                                                                          ment Alain André and ACAV, Armement Thierry Arnaud
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               and ACAV, Armement Alain Augereau, Armement Jean-Luc
                                                                          Bernard et Angélique Bernard, Armement Pascal Burgaud,
                      of 24 February 2000                                 Armement José Burgaud and ACAV, Armement Bruno Chiron
                                                                          et Jean Noury, Fabien Gaillard, Armement Bruno Girard,
                                                                          Armement Bruno Girard and ACAV, Armement Denis Grois-
in Case T-82/98: Frans Jacobs v Commission of the
                                                                          ard, Fabrice Groisard, Armement Islais SARL, Armement Marc
                   European Communities (1)
                                                                          Jolivet, Armement Yannick Orsonneau and ACAV, Armement
                                                                          Christian Rafin and ACAV, Armement Éric Rivalin and ACAV,
(Officials — Promotion — Absence of staff report —                        Armement Eric Taraud and ACAV, Armement Fernand Voisin
            Irregularity in the promotion procedure)                      et Alain Voisin, Patrick Voisin, Yeu Pêcheries SA, Armement
                                                                          Bernard Zereg, established in Ile-d’Yeu (France), represented by
                         (2000/C 122/42)                                  L. Funck-Brentano and S. Ponsot, of the Paris Bar, with an
                                                                          address for service in Luxembourg at the Chambers of J. Neuen,
                                                                          1 Place du Théâtre, supported by the French Republic (Agents:
                                                                          J.-F. Dobelle, C. Vasak and K. Rispal-Bellanger and C. Chavan-
                   (Language of the case: French)
                                                                          ce), by the Commune de l’Ile-d’Yeu, represented by R. Houssin,
                                                                          of the Nantes Bar, with an address for service in Luxembourg
In Case T-82/98: Frans Jacobs, an official of the Commission of           at the Chambers of J. Neuen, 1 Place du Théâtre, by Ireland
the European Communities, resident in Walshoutem, Belgium,                (Agents M.A. Buckley and A. Collins) and by Thomas Kennedy,
represented by J.-N. Louis and F. Parmentier of the Brussels Bar          John Graham, John Flannery, Michael Hennessy and Padraig Ó
and F. Giuffrida of the Turin Bar, with an address for service in         Mathuna, residing in Dingle (Ireland), Vincent Browne, Michael
Luxembourg at the offices of Fiduciaire Myson S.à.r.l., 30                Murphy, John O’Donnel, residing in Tralee (Ireland), Donal
Rue de Cessange, against the Commission of the European                   O’Neill, John D. Sullivan, Niel Minihane, Kieran O’Driscoll,
Communities (Agents: C. Berardis-Kayser and F. Duvieusart-                Peter Carleton, Donal Healy, residing in Castletownbere (Ire-
Clotuche) — application for the annulment of the Com-                     land), Gerard Minihane, residing in Skibbereen (Ireland), rep-
mission’s decision not to promote the applicant to Grade B 4              resented by D. O’Donnell, SC, J. Devlin, Barrister, G. Casey,
in the 1997 promotion year — the Court of First Instance                  Solicitor, and P. McDermott, Barrister, North Main Street,
(Third Chamber), composed of K. Lenaerts, President of the                Bandon, County Cork (Ireland) v Council of the European
Chamber, J. Azizi and M. Jaeger, Judges; J. Palacio González,            Union (Agents J. Carbery and L. Railas), supported by the
Administrator, for the Registrar, has given a judgment on                 Kingdom of Spain (Agent: R. Silva de Lapuerta) and by the
24 February 2000, in which it:                                            Commission of the European Communities (Agents: G. Ber-
                                                                          scheid and T. van Rijn) — application for annulment of
1. annuls the Commission’s decision not to promote the applicant          Council Regulation (EC) No 1239/98 of 8 June 1998
     to Grade B 4 in the 1997 promotion year;                             amending Regulation (EC) No 894/97 laying down certain