CELEX: C1996/370/27
Language: en
Date: 1996-12-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 5 November 1996 in Joined Cases T-21/95 and T-186/95: Marco Mazzocchi-Alemanni v. Commission of the European Communities (Officials - Supplementary sickness insurance scheme for officials serving in a third country - Procedure for reimbursement of medical expenses - Application of ceilings)

No C 370/ 12         [ EN                Official Journal of the European Communities                                    7 . 12 . 96
Thomas Sharpe QC, of the Bar of England and Wales,                     JUDGMENT OF THE COURT OF FIRST INSTANCE
instructed by Alexandre R. M. Nourry, Solicitor, with an                                     of 5 November 1996
address for service in Luxembourg at the Chambers of Jean
Hoss, 15 Cote d'Eich, supported by the United Kingdom of            in Joined Cases T-21 /95 and T-186/95 : Marco Mazzocchi­
Great Britain and Northern Ireland ( Agents : Lindsey Nicoll,        Alemanni v. Commission of the European Communities ( 1 )
Stephanie Ridley, K. P. E. Lasok and Kenneth Parker ) and           (Officials — Supplementary sickness insurance scheme for
by Channel Tunnel Group Ltd, established in London, and             officials serving in a third country — Procedure for
France Manche SA, established in Paris, together                    reimbursement of medical expenses — Application of
constituting Eurotunnel, whose head office is in London,                                             ceilings)
represented by Christine Heron Schwaighofer and Christian
Roth, of the Paris Bar, with an address for service in                                           ( 96/C 370/27 )
Luxembourg at the Chambers of Aloyse May, 31 Grand­
Rue, British Railways Board being supported also by
European Passenger Services Ltd, established in London,                              (Language of the case: French)
represented by Thomas Sharpe QC, of the Bar of England
and Wales, instructed by Alexandre R. M. Nourry, Solicitor,         In Joined Cases T-21 /95 and T-186/95 : Marco Mazzocchi­
with an address for service in Luxembourg at the Chambers           Alemanni, an official of the Commission of the European
of Jean Hoss, 15 Cote d'Eich, against the Commission of             Communities, residing in Libreville ( Gabon ), represented
the European Communities (Agents: Francisco Enrique                 by Nicolas Lhoest, of the Brussels Bar, with an address for
Gonzalez Diaz, Carmel O'Reilly and Guy Charrier ) —                 service in Luxembourg at the offices of Fiduciaire Myson
applications for the annulment of Commission Decision 94/           Sari, 1 Rue Glesener, v. Commission of the European
894/EC of 13 December 1994 relating to a proceeding                 Communities ( Agent: Julian Currall ) — application for
under Article 85 of the EC Treaty and Article 53 of the EEA         annulment of the decision of the Commission refusing the
Agreement ( IV/32.490 — Eurotunnel ) ( OJ No L 354 ,                applicant full reimbursement of certain dental expenses —
31 . 12 . 1994, p. 66 ) and, in the alternative, for the            the Court of First Instance ( Third Chamber ), composed of:
annulment of the conditions laid down in Article 2 ( A ) of         C. P. Briët, President, and B. Vesterdorf and A. Potocki,
that decision — the Court of First Instance ( Third Chamber,        Judges; B. Pastor, Principal Administrator, for the Registrar,
Extended Composition ), composed of C. P. Briët, President,         has given a judgment on 5 November 1996 , in which it:
and B. Vesterdorf, P. Lindh, A. Potocki and J. D. Cooke,
Judges; J. Palacio Gonzalez, Administrator, for the
Registrar, has given a judgment on 22 October 1996 , in              1 . dismisses the action in Case T-21 /95 as inadmissible;
which it ruled as follows :
                                                                    2.    dismisses the action in Case T-l 86/95 as inadmissible in
                                                                          so far as it requests the Court to issue directions or
                                                                          make declarations;
 1 . Cases T-79/95 and T-80/95 are joined for the purposes
     of the judgment.
                                                                     3 . dismisses the remainder of the action as unfounded;
                                                                    4 . orders the parties to bear their own costs.
 2 . Commission Decision 94/894/EC of 13 December 1994
     relating to a proceeding under Article 85 of the EC             (!) OJ No C 87, 8 . 4 . 1995 , and
     Treaty and Article 53 of the EEA Agreement (IV/                     OJ No C 299 , 11 . 11 . 1995 .
     32.490 — Eurotunnel) is annulled.
 3 . The Commission shall bear its own costs together with
     those of the applicants, including the costs relating to           JUDGMENT OF THE COURT OF FIRST INSTANCE
     the applications for interim measures. It shall also bear                               of 7 November 1996
     the costs of the intervener European Passenger Services
     Ltd.                                                            in Case T-298/94: Roquette Freres SA v. Council of the
                                                                                              European Union ( ] )
                                                                     (Common agricultural policy — Quota system in relation
                                                                     to the production of potato starch — Regulation (EC)
 4 . The United Kingdom of Great Britain and Northern                No 1868/94 — Action for annulment — Closed group of
     Ireland, together with Channel Tunnel Group Ltd and                                 traders — Inadmissibility)
     France Manche SA (Eurotunnel), shall bear their own
     costs .
                                                                                                  ( 96/C 370/28
                                                                                      (Language of the case: French)
 C ) OJ No C 119 , 13 . 5 . 1995 .
                                                                     In Case T-298/94 : Roquette Freres SA, established at
                                                                     Lestrem ( France ), represented by Jacques Dutat, of the