CELEX: C1997/074/42
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 29 January 1997 in Case T-297/94: Joëlle Vanderhaeghen v. Commission of the European Communities (Officials - Actions for annulment of measures - Admissibility - Pay slips applying the scales in respect of certain parental contributions fixed by a joint interinstitutional committee - Principle of equality of treatment)

8 . 3 . 97            1 EN 1               Official Journal of the European Communities                               No C 74/ 19
  JUDGMENT OF THE COURT OF FIRST INSTANCE                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 22 January 1997                                                   of 29 January 1997
                                                                            in Case T-7/94 : Hilde Adriaenssens and Others v.
in Case T-l 15/94: Opel Austria GmbH v. Council of the                        Commission of the European Communities ( l )
                        European Union O
                                                                      (Officials — Actions for annulment of measures — Pay
(Withdrawal of tariff concessions — Agreement on the                  slips applying the scales in respect of certain parental
European Economic Area — Obligation under public                      contributions fixed by a joint interinstitutional committee
international law not to deprive a treaty of its object                      — Admissibility — Time-limits — Time-barred)
and purpose before its entry into force — Principle of
                                                                                                  ( 97/C 74/41 )
protection of legitimate expectations — Principle of legal
         certainty — Publication in the Official Journal)
                                                                                      (Language of the case: French)
                            ( 97/C 74/40 )
                                                                      In Case T-7/94 : Hilde Adriaenssens, Irma Both, Maria
                                                                      Luisa Cipriano, Raffaella Fraconfini, Christine Mitchell,
                                                                      Paloma Moreno-Doz, Jennifer Perry, Alexandros
                 (Language of the case: English)                      Athanassiadis, Francisco de Vicente and Philippe Tempe,
                                                                      officials of the Commission of the European Communities,
                                                                      represented by Alain Lorang, of the Luxembourg Bar, with
In Case T-l 15/94: Opel Austria GmbH, formerly General                an address for service in Luxembourg at his Chambers, 51
Motors Austria GmbH, whose registered office is in                    rue Albert 1er, v. Commission of the European
Vienna, Austria, represented by Dirk Vandermeersch, of                Communities ( Agents : initially, Joseph Griesmar and,
the Brussels Bar, and Till Müller-Ibold, Rechtsanwalt,                subsequently, Ana Maria Alves Vieira and Julian Currall )
Frankfurt am Main, with an address for service in                     — application, first, for annulment of the implicit
Luxembourg at the Chambers of Arendt and Medernach,                   decisions of the Commission rejecting the applicants '
8-10 rue Mathias Hardt, supported by Republic of Austria              complaints seeking to have the scales applied in
( Agents: initially Irene Janisch, subsequently Beatrix               Luxembourg on the levying of the parental contributions
Matousek-Horak and Christian Kremer) v. Council of the                which they are required to pay as users of the nursery,
European Union, ( Agents : Bjarne Hoff-Nielsen and Hans-              kindergarten and study centre services brought into line
Jiirgen Rabe and Georg M. Berrisch ), supported by                    with those in force in Brussels, and, second, in so far as
Commission of the European Communities, ( Agents: John                those decisions are based on the decision of the Social
Forman, Eric White and Theofanis Christoforou ) —                     Activities Committee fixing those scales, for a declaration
application for anulment of Council Regulation ( EC )                 that that decision is illegal — the Court of First Instance
No 3697/93 of 20 December 1993 withdrawing tariff                     ( First Chamber ), composed of: A. Saggio, President, and
concessions in accordance with Article 23 (2 ) and                    V. Tiili and R. M. Moura Ramos, Judges; H. Jung,
Article 27 ( 3 ) ( a ) of the Free Trade Agreement between            Registrar, has given a judgment on 29 January 1997, in
the Community and Austria ( General Motors Austria ) ( OJ             which it:
No L 343 , 31 . 12 . 1993 , p. 1 ), — the Court of First
 Instance ( Fourth Chamber), composed of: K. Lenaerts,                 1 . dismisses the action as inadmissible;
 President, P. Lindh and J. D. Cooke, Judges; H. Jung,
 Registrar, has given a judgment on 22 January 1997, in               2 . orders the defendants to pay all the costs.
 which it :
                                                                      (') OJ No C 43 , 12 . 2 . 1994 .
 1 . annuls Council Regulation (EC) No 3697/93 of
       20 December 1993 withdrawing tariff concessions in
       accordance with Article 23 (2) and Article 27 (3) (a)
       of the Free Trade Agreement between the Community
       and Austria (General Motors Austria);                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              of 29 January 1997
                                                                       in Case T-297/94 : Joelle Vanderhaeghen v. Commission of
 2 . orders the Council to bear its own costs and pay the                              the European Communities ( l )
       applicant's costs;                                              (Officials — Actions for annulment of measures —
                                                                       Admissibility — Pay slips applying the scales in respect of
                                                                       certain parental contributions fixed by a joint inter­
 3 . orders the Commission and the Republic of Austria to              institutional committee — Principle of equality of
       bear their own costs .                                                                        treatment)
                                                                                                     97/C 74/42 )
 (') OJ No C 132 , 14 . 5 . 1994 .                                                     (Language of the case: French)
                                                                       In Case T-297/94: Joelle Vanderhaeghen, an official of the
                                                                       Commission of the European Communities, residing at
 ---pagebreak---  No C 74/20             EN                    Official Journal of the European Communities                                     8 . 3 . 97
 Arlon ( Belgium ), represented by Alain Lorang, of the                  addressed to the Commission's staff in Luxembourg and,
 Luxembourg Bar, with an address for service in                          second, for compensation for the damage suffered — the
 Luxembourg at his Chambers, 51 rue Albert ler, v.                       Court of First Instance ( Fourth Chamber), composed of K.
 Commission of the European Communities (Agents:                         Lenaerts, President, and P. Lindh and J. D. Cooke, Judges;
 initially, Joseph Griesmar and, subsequently, Ana Maria                 H. Jung, Registrar, made an order on 13 December 1996,
 Alves Vieira and Julian Currall ) — application, first, for             the operative part of which is as follows:
 annulment of the implicit decision of the Commission
 rejecting the applicant's complaint in respect of her pay               I.   The action is dismissed as inadmissible.
 slip for January 1994, inasmuch as that pay slip shows
 that the administration applied to her the scales of                    2 . There is no need to give a ruling on the application for
 parental contributions in force in Luxembourg in respect                     leave to intervene.
 of the nursery services used by her as an official, and,
 second, for a declaration that the scales fixed by the Social           3 . The applicant is ordered to bear all his own costs and
 Activities Committee are illegal — the Court of First                        to pay the costs of the Commission. The Union
 Instance ( First Chamber ), composed of: A. Saggio,                          Syndicale — Luxembourg is ordered to bear its own
 President, and V. Tiili and R. M. Moura Ramos, Judges;                       costs .
 H. Jung, Registrar, has given a judgment on 29 January
 1997, in which it:                                                      0 ) OJ No C 318 , 26 . 10 . 1996 .
 I. annuls the applicant's pay slip for January 1994
      inasmuch as it shows a deduction in respect of a
      parental contribution to the nursery service provided
      by the Luxembourg Childhood Centre, calculated on
      the basis of the scales applied by the Commission in               Action brought on 9 December 1996 by Andrea Von
      Luxembourg,                                                        Lowis against the Commission of the European
                                                                                                    Communities
 2 . orders the Commission to pay all the costs.
                                                                                                 ( Case T-202/96 )
 (') OJ No C 316 , 12 . 11 . 1994 .                                                                  ( 97/C 74/44 )
                                                                                         (Language of the case: English)
                                                                        An action against the Commission of the European
                                                                         Communities was brought before the Court of First
      ORDER OF THE COURT OF FIRST INSTANCE                              Instance of the European Communities on 9 December
                      of 13 December 1996                                1996 by Andrea Von Lowis, represented by Gerard van
                                                                        der Wal, member of the Bar of the Supreme Court of the
in Case T-128/96: Giorgio Lebedef v. Commission of the                  Netherlands, with an address for service in Luxembourg
                   European Communities (')                             at the Chambers of Aloyse May, 31 , Grand Rue .
 (Officials — Refusal by the Commission to distribute
 through its internal messenger services communications to              The applicant claims that the Court should:
the staff from an independent trade union — Legal
interest in bringing proceedings — Admissibility — Claims               — declare the application admissible,
for damages — Subject-matter of the dispute — Summary
              of the pleas in law — Admissibility)                      — declare the decision of 21 October 1996 void,
                             ( 97/C 74/43 )
                                                                        — declare the application of Community tax to the
                 (Language of the case: French)                              applicant, who works for the defendant as a freelance
                                                                             interpreter, unlawful and/or declare Article 8 of the
In Case T-128/96 : Giorgio Lebedef, an official of the                       Agreement with AIIC null and void,
Commission of the European Communities, residing at
Senningerberg ( Luxembourg ), represented by Gilles                     — order repayment of the Community tax withheld by
Bouneou, of the Luxembourg Bar, with an address for                          the defendant and/or paid by the applicant since
service in Luxembourg at the latter's Chambers, 15                           1 January 1989 until the date of the judgment to be
avenue du Bois, v. Commission of the European                                given in this case, together with an interest at a rate of
Communities (Agents: Gianluigi Valsesia and Julian                           8 % or as prescribed by law,
Currall ) — application, first, for annulment of the
decision of the Head of the Unit dealing with relations                 — order the Commission to pay the costs of the
with official bodies representing the staff and with the                     applicant.
trade     unions    and        staff  associations   within    the
Commission 's Directorate-General for Personnel               and       Pleas in law and main arguments adduced in support:
Administration ( DG IX ), refusing to arrange the
distribution through the Commission's internal messenger                The applicant explains that since 1973 she has worked as
services of communications from the independent trade                   a freelance interpreter for the Commission. Since 1989 the
union 'Action & Defense — Luxembourg' (A & D — L )                      Commission has deducted Community tax from the