CELEX: C1997/054/25
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 December 1996 in Joined Cases T-177/94 and T-377/94: Henk Altmann and Others and Margaret Casson and Others v. Commission of the European Communities (JET Joint Undertaking - Persons claiming the status of members of the temporary staff)

22 . 2 . 97          [ EN                 Official Journal of the European Communities                               No C 54/ 17
                                                    COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                      of 11 December 1996                                                  of 12 December 1996
                                                                     in Joined Cases T-177/94 and T-377/94 : Henk Altmann
in Case T-70/94 : Comafrica SpA and Dole Fresh Fruit                 and Others and Margaret Casson and Others v.
Europe Ltd & Co. v. Commission of the European                               Commission of the European Communities (')
                         Communities (')
                                                                     (JET Joint Undertaking — Persons claiming the status of
(Common organization of the market — Bananas —                                       members of the temporary staff)
Action for annulment — Admissibility — Legality of                                              ( 97/C 54/25 )
          reduction coefficient — Action for damages)
                                                                                     (Language of the case: English)
                           ( 971C 54/24 )
                                                                     In Joined Cases T-177/94, Henk Altmann, residing at
                                                                     Wantage, Oxfordshire , United Kingdom, and 56 other
                 (Language of the case: English)                     applicants, represented by Kenneth Parker QC and Rhodri
                                                                     Thompson , Barrister, of the Bar of England and Wales,
                                                                     having an address for service in Luxembourg at the
                                                                     Chambers of Messrs Elvinger and Hoss, 15 Cote d'Eich ,
In Case T-70/94 : Comafrica SpA, established in Genes                against Commission of the European Communities ( Agent:
( Italy ), and Dole Fresh Fruit Europe Ltd & Co .,                   Hans Gerald Crossland ), supported by Council of the
established in Hamburg ( Germany ), represented by                   European Union ( Agents : Diego Canga Fano and Jan-Peter
Bernard O'Connor, Solicitor, with an address for service in          Hix, and initially Yves Crétien ), and T-377/94 , Margaret
Luxembourg at the offices of Stanbrook and Hooper at                 Casson , residing at Chilton, Oxfordshire, United
the Chambers of Arsène Kronshagen , 12 Boulevard de la               Kingdom, and 13 other applicants, represented by
Foire v. Commission of the European Communities                      Kenneth Parker QC and Rhodri Thompson, Barrister, of
( Agents : Eugenio de March , Xavier Lewis and John                  the Bar of England and Wales, having an address for
Handoll ), supported by United Kingdom of Great Britain              service in Luxembourg at the Chambers of Messrs
and Northern Ireland, ( Agents : initially Lucinda Hudson            Elvinger and Hoss, 15 Cote d'Eich, against Commission of
and then by John E. Collins, Lindsey Nicoll and David                the European Communities ( Agents : Hans Gerald
Anderson ) — application for annulment of Article 1 of               Crossland and Julian Currall ), supported by Council of
Commission Regulation ( EC ) No 3190/93 of 19 November               the European Union ( Agents : Diego Canga Fano and Jan­
1993 fixing the uniform reduction coefficient for                    Peter Hix , and initially Yves Crétien ) — applications
determining the quantities of bananas to be allocated to             primarily for annulment of the Commission 's decisions
each operator in categories A and B in the context of the            refusing to appoint the applicants as members of its
tariff quota 1994 , on the one hand, and for compensation            temporary staff and for reparation of the damage suffered
for damage caused to the applicants by the allegedly                 — the Court of First Instance ( Second Chamber ),
unlawful decisions fixing reduction coefficients in 1993             composed of H. Kirschner, President, C. W. Bellamy and
and      1994 — the Court of First Instance            ( Fourth      A. Kalogeropoulos, Judges; B. Pastor, Principal
Chamber ), composed of: K. Lenaerts, President, P. Lindh             Administrator, for the Registrar, gave a judgment on
and J. D. Cooke, Judges; J. Palacio-Gonzalez,                        12 December 1996, in which it:
Administrator, gave a judgment on 11 December 1996 ,
the operative part of which is as follows :                          1 . Takes formal note of the withdrawal from the
                                                                         proceedings of Mr D. Hurford, 26th applicant in Case
                                                                          T-177/94, and removes Case T-177/94 from the
                                                                          register in so far as he is concerned.
 1 . The application is dismissed.
                                                                     2 . Annuls the Commission 's decisions, dated 14 January
                                                                         and 16 September 1994 respectively, not to recruit the
                                                                          other applicants to posts on the temporary staff of the
2 . The applicants are ordered to pay the costs.                          Community.
                                                                     3 . Dismisses the remainder of the applications.
3 . The United Kingdom of Great Britain and Northern
      Ireland is ordered to bear its own costs .                     4 . Orders the defendant to hear its own costs and to pay
                                                                          those of the applicants, with the exception of those of
                                                                          Mr D. Hurford, and Mr D. Hurford and the
                                                                          intervener each to hear their own costs.
 O OJ No C 103 , 11 . 4 . 1994 .
                                                                     (') OJ No C 188 , 9 . 7. 1994 .