CELEX: C1998/234/45
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 9 June 1998 in Joined Cases T-171/95 and T-191/95: Adriaan Al and 99 Others and Franz Becker and 6 Others v Commission of the European Communities (Officials - Pensions - Weighting - Change of capital - Retroactive effect - Regulation (ECSC, EC, Euratom) No 3161/94 - Action for annulment - Admissibility - Act adversely affecting an official)

25.7.98              EN                  Official Journal of the European Communities                                  C 234/23
The Applicant claims that the Court should:                         Pleas in law and main arguments adduced in support:
a) find that Ireland has failed to fulfil its obligations
    under the EC Treaty by failing to adopt the laws,               Article 189 of the EC Treaty, under which a directive shall
    regulations or administrative provisions necessary to           be binding, as to the result to be achieved, upon each
    comply with Council Directive 93/83/EEC of                      Member State, carries by implication an obligation on the
    27 September 1993 on the coordination of certain                Member States to observe the period for compliance laid
    rules concerning copyright and rights related to                down in the directive. That period expired on 1 January
    copyright applicable to satellite broadcasting and cable        1998 without Ireland having enacted the provisions
    retransmission (1) and/or by failing to inform the              necessary to comply with the directive referred to in the
    Commission thereof;                                             conclusions of the Commission and/or informing the
                                                                    Commission thereof.
    and
b) order Ireland to bear the costs of this procedure.               (1) OJ L 248 of 6.10.1993, p. 15.
                                                   COURT OF FIRST INSTANCE
Extension of the composition of the Chambers for the                former officials, retired officials of the Commission of the
                   judicial year 1997/1998                          European Communities, residing in Germany, represented
                        (98/C 234/44)                               by Georges Vandersanden and Laure Levi, of the Brussels
                                                                    Bar, with an address for service in Luxembourg at the
                                                                    offices of Fiduciaire Myson SaÁrl, 30 Rue de Cessange, v
At its Plenary Conference held on 1 July 1998 the Court
                                                                    Commission of the European Communities (Agent:
of First Instance took formal note of the fact that, owing
                                                                    Gianluigi Valsesia), supported by Council of the European
to the judicial vacation, the oath-taking ceremony before
                                                                    Union (Agents: initially, Yves Cretien, Antonio Lucidi and
the Court of Justice for new members of the Court of First
                                                                    Diego Canga Fano and, subsequently, Mr Lucidi and Mr
Instance could not take place until after the judicial
                                                                    Canga Fano alone), Federal Republic of Germany (Agents:
vacation and that consequently, in accordance with the
                                                                    Sabine Maass, Ernst Röder and Bernd Kloke) and
third paragraph of Article 5 of the EC Statute of the
                                                                    Kingdom of the Netherlands (Agents: Marc Fierstra and
Court of Justice, the third paragraph of Article 5 of the
                                                                    Johannes van den Oosterkamp) Ð application, first, for
EAEC Statute of the Court of Justice, and the third
                                                                    annulment of the applicants' pension statements for
paragraph of Article 5 of the ECSC Statute of the Court
                                                                    December 1994, inasmuch as those statements are drawn
of Justice, the decisions of 2 July 1997 (OJ C 271 of
                                                                    up on the basis of Council Regulation (ECSC, EC,
6.9.1997) and 10 March 1998 (OJ C 113 of 11.4.1998)
                                                                    Euratom) No 3161/94 of 19 December 1994 adjusting,
on the designation of the Presidents of Chambers, the
                                                                    with effect from 1 July 1994, the remuneration and
composition of the Chambers and the assignment of cases
                                                                    pensions of officials (OJ L 335 of 23.12.1994, p. 1) and,
to them would continue to apply and that the President of
                                                                    second, for reinstatement of the applicants' pension rights
the Court, Mr Bo Vesterdorf, would continue to exercise
                                                                    in full, weighted, with effect from 3 October 1990, at the
the presidency of the Court of First Instance.
                                                                    rate fixed by reference to the cost of living in Berlin, and
                                                                    for default interest at the annual rate of 10 % Ð the
                                                                    Court of First Instance (Third Chamber), composed of: B.
                                                                    Vesterdorf, President, and C. P. BrieÈt and A. Potocki,
                                                                    Judges; H. Jung, Registrar, has given a judgment on 9 June
                                                                    1998, in which it:
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 9 June 1998
in Joined Cases T-171/95 and T-191/95: Adriaan Al and
99 Others and Franz Becker and 6 Others v Commission                1. Dismisses the applications as inadmissible;
              of the European Communities (1)
(Officials Ð Pensions Ð Weighting Ð Change of capital
Ð Retroactive effect Ð Regulation (ECSC, EC, Euratom)
No 3161/94 Ð Action for annulment Ð Admissibility Ð                 2. Orders the parties to bear their own costs.
             Act adversely affecting an official)
                        (98/C 234/45)
                                                                    (1) OJ C 315 of 25.11.1995.
               (Language of the case: French)
In Joined Cases T-171/95 and T-191/95: Adriaan Al and
99 other former officials and Franz Becker and 6 other