CELEX: C1997/212/60
Language: en
Date: 1997-07-12 00:00:00
Title: Action brought on 7 May 1997 by Natural Van Dam AG and Danser Container Line BV against the Commission of the European Communities (Case T-155/97)

No C 212/30             I EN 1                 Official Journal of the European Communities                                        12. 7. 97
the administration. As a result, despite its particularly                 Pleas in law and main arguments adduced in support:
insecure nature, she was left in ignorance of her situation
for nearly three months . In the applicant's view, such                   The pleas in law and main arguments are similar to those
conduct on the part of the Parliament is unacceptable and                 relied on in Case T-140/97.
caused her not only material damage, but also non­
material damage .
(') Judgment of 14 May 1996 in Case T-82/95 ( OJ No C 180,
    22 . 6 . 1996 , p. 28 ).
                                                                          Action brought on 7 May 1997 by Natural Van Dam AG
                                                                          and Danser Container Line BV against the Commission of
                                                                                                  the European Communities
                                                                                                        ( Case T-155/97)
Action brought on 29 April 1997 by Bernard Yasse                                                          ( 97/C 212/60 )
              against the European Investment Bank
                             ( Case T-141/97)
                                                                                                (Language of the case: Dutch)
                               ( 97/C 212/59 )
                                                                          An action against the Commission of the European
                    (Language of the case: French)                        Communities was brought before the Court of First
                                                                          Instance of the European Communities on 7 May 1997 by
 An action against the European Investment Bank was                       Natural Van Dam AG, a company incorporated under
 brought before the Court of First Instance of the European               Swiss law, and Danser Container Line BV, represented by
 Communities on 29 April 1997 by Bernard Yasse, residing                  J. Van Dam, of the Rotterdam Bar, with an address for
 at Fauvillers ( Belgium), represented by Pascale Delvaux de              service in Luxembourg at the Chambers of F. Entringer,
 Fenffe and Pierre-Paul Van Gehuchten, of the Brussels Bar,                34a Rue Philippe II .
 with an address for service at Schouweiler ( Luxembourg )
 at the Chambers of Michel Hautem, 90 Route de Longwy.
                                                                          The applicants claim that the Court should:
 The applicant claims that the Court should :
                                                                          — annul the decision of the European Commission
 — annul the decision taken on 31 January 1997 by the                             of 7 March 1997 ( SG(97) D/1862 ), whereby
      European Investment Bank ( EIB ),                                           it was decided not to grant the applicants the
                                                                                  exemption applied for under Article 8 ( 3 ) ( c ) of
 — as a consequence, order the applicant to be reinstated                         Council Regulation ( EEC ) No 1101 /89 (*), and,
      in his duties,                                                              notwithstanding that decision, grant the exemption
                                                                                  sought,
 — order the EIB to pay the applicant:
                                                                           — order the defendant to pay the costs .
      — upon his reinstatement, the sum of Bfrs 2 666 466
            — a provisional amount subject to increase in the              Pleas in law and main arguments adduced in support:
            course of the proceedings — representing salary
            arrears, together with Bfrs 1 000 000 by way of
            compensation for material and non-material                     The applicants operate a container line service on the
            damage,                                                        Rhine . They are contemplating the construction of three
                                                                           specialized vessels intended for the transportation of
      — should his reinstatement prove impossible :                        certain hazardous materials, in respect of which they
                                                                           have sought from the Commission exemption from
            — the sum of Bfrs 1 390 150 by way of ordinary                 the prohibition contained in Article 8 ( 1 ) of the
                compensatory settlement for lawful dismissal,              aforementioned Regulation .
            — the sum of Bfrs 35 986 625 subject to increase
                or adjustment in the course of the proceedings,            In their view, the rejection of their application is contrary
            — the sum of Bfrs 2 500 000 by way of                          to the objective of the regulation, which is not aimed at
                compensation for the loss of preferential rates            curbing the influx of new cargo capacity into the inland
                of interest on building loans,                             waterway system. The applicants further complain that
                                                                           the Commission 's assessment of the facts is incorrect and
             — Bfrs 1 000 000 by way of compensation for the                deficient and that its statement of reasons for its decision
                injury to his professional reputation,                      is defective .
  — order the EIB to pay the sum of Bfrs 300 000 to the                     ( 1 ) Council Regulation (EEC ) No 1101 /89 of 27 April 1989 on
       applicant in his capacity as legal guardian of the                         structural improvements in inland waterway transport ( OJ No
       person and property of his child who is a minor,                           L 116 , 28 . 4 . 1989, p. 25 ).
  — order the EIB to bear all costs .