CELEX: C2001/173/20
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court of 6 March 2001 in Case C-273/99 P: Bernard Connolly v Commission of the European Communities (Appeal — Officials — Disciplinary proceedings — Suspension — Statement of reasons — Alleged misconduct — Articles 11, 12 and 17 of the Staff Regulations — Equal treatment)

C 173/12                  EN                       Official Journal of the European Communities                                          16.6.2001
Tribunal Administrativo (Supreme Administrative Court) (Por-                  Communities (Agent: H. van Vliet) — application for partial
tugal) for a preliminary ruling in the proceedings pending                    annulment of Commission Decision 98/358/EC of 6 May
before that court between Fazenda Pública and Fábrica de                    1998 on the clearance of the accounts presented by the
Queijo Eru Portuguesa Lda, intervener Ministério Público — on                Member States in respect of the expenditure for 1994 of the
the interpretation of Council Regulation (EEC) No 1999/85 of                  Guarantee Section of the European Agricultural Guidance and
16 July 1985 on inward processing relief arrangements                         Guarantee Fund (OJ 1998 L 163, p. 28), in so far as it disallows
(OJ 1985 L 188, p. 1) and, in particular, Article 11 thereof —                expenditure of NLG 16 378 716,63 incurred by the applicant
the Court (Second Chamber), composed of: V. Skouris, Presi-                   in connection with the prefinancing of export refunds — the
dent of the Chamber, R. Schintgen (Rapporteur) and N. Colne-                  Court (Sixth Chamber), composed of: C. Gulmann, President
ric, Judges; A. Tizzano, Advocate General; R. Grass, Registrar,               of the Chamber, V. Skouris, J.-P. Puissochet, R. Schintgen and
has given a judgment on 22 February 2001, in which it has                     F. Macken (Rapporteur), Judges; S. Alber, Advocate General;
ruled:                                                                        H.A. Rühl, Registrar, has given a judgment on 6 March 2001,
                                                                              in which it:
1.    Article 11 of Council Regulation (EEC) No 1999/85 of
      16 July 1985 on inward processing relief arrangements is to             1.    Dismisses the application;
      be interpreted as applying not only to the conditions or
      requirements for the issue of an authorisation under the inward
      processing relief arrangements but also to the conditions               2.    Orders the Kingdom of the Netherlands to pay the costs.
      imposed by the authorisation on its holder for the use or
      functioning of those arrangements and, consequently, the
      customs authority may unilaterally alter the rate of yield fixed        (1) OJ C 299 of 26.9.1998.
      by it at the time when the authorisation was issued where, while
      the arrangements are being used, the rate of yield proves to be
      higher than the rate fixed in the authorisation.
2.    Neither Regulation No 1999/85 nor the principle of legal
      certainty precludes the customs authority from altering unilat-
      erally a rate of yield fixed by it in the authorisation even if it is
      proved that the customs authority was supervising and con-
      trolling the activities of the holder of the authorisation before it
      was issued.                                                                              JUDGMENT OF THE COURT
(1) OJ C 204 of 17.7.1999.                                                                             of 6 March 2001
                                                                              in Case C-273/99 P: Bernard Connolly v Commission of
                                                                                               the European Communities (1)
                                                                              (Appeal — Officials — Disciplinary proceedings — Suspen-
                   JUDGMENT OF THE COURT                                      sion — Statement of reasons — Alleged misconduct —
                                                                              Articles 11, 12 and 17 of the Staff Regulations — Equal
                           (Sixth Chamber)                                                                 treatment)
                           of 6 March 2001
                                                                                                        (2001/C 173/20)
in Case C-278/98: Kingdom of the Netherlands v Com-
           mission of the European Communities (1)
                                                                                                  (Language of the case: French)
(EAGGF — Clearance of accounts — 1994 — Cereals, beef
                                 and veal)
                                                                              (Provisional translation; the definitive translation will be published
                            (2001/C 173/19)                                                      in the European Court Reports)
                      (Language of the case: Dutch)                           In Case C-273/99 P: Bernard Connolly, a former official of
                                                                              the Commission of the European Communities, residing in
                                                                              London, United Kingdom, represented by J. Sambon and
(Provisional translation; the definitive translation will be published        P.-P. van Gehuchten, avocats, with an address for service in
                     in the European Court Reports)                           Luxembourg, appeal against the judgment of the Court of First
                                                                              Instance of the European Communities (First Chamber) of
In Case C-278/98: Kingdom of the Netherlands (Agents:                         19 May 1999 in Case T-203/95 Connolly v Commission
M.A. Fierstra and N. Wijmenga) v Commission of the European                   [1999] ECR-SC I-A-83 and II-443, seeking to have that
 ---pagebreak--- 16.6.2001                EN                     Official Journal of the European Communities                                   C 173/13
judgment set aside, the other party to the proceedings being:              1.    Dismisses the appeal;
Commission of the European Communities (Agents: G. Valses-
ia, and J. Currall, assisted by D. Waelbroeck) — the Court,
composed of G.C. Rodrı́guez Iglesias, President, C. Gulmann,               2.    Orders Mr Connolly to pay the costs.
A. La Pergola, M. Wathelet (Rapporteur) and V. Skouris
(Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet,
P. Jann, L. Sevón, R. Schintgen and N. Colneric, Judges; D. Ruiz-         (1) OJ C 299 of 16.10.1999.
Jarabo Colomer, Advocate General; R. Grass, Registrar, has
given a judgment on 6 March 2001, in which it:
1.     Dismisses the appeal;
2.     Orders Mr Connolly to pay the costs.
(1) OJ C 281 of 2.10.1999.
                                                                                            JUDGMENT OF THE COURT
                                                                                                   (Fifth Chamber)
                                                                                                   of 8 March 2001
                  JUDGMENT OF THE COURT
                          of 6 March 2001                                  in Joined Cases C-397/98 and C-410/98 (reference for a
                                                                           preliminary ruling from the High Court of Justice of
                                                                           England and Wales, Chancery Division): Metallgesellschaft
in Case C-274/99 P: Bernard Connolly v Commission of                       Ltd and Others (C-397/98), Hoechst AG, Hoechst UK Ltd
                 the European Communities (1)                              (C-410/98) v Commissioners of Inland Revenue, H.M.
                                                                                                 Attorney General (1)
(Appeal — Officials — Disciplinary proceedings —
Articles 11, 12 and 17 of the Staff Regulations — Freedom
of expression — Duty of loyalty — Conduct reflecting on an                 (Freedom of establishment — Free movement of capital —
                          official’s position)                             Advance payment of corporation tax on profits distributed
                                                                           by a subsidiary to its parent company — Parent company
                                                                           having its seat in another Member State — Breach of
                           (2001/C 173/21)                                 Community law — Action for restitution or action for
                                                                                                 damages — Interest)
                     (Language of the case: French)
                                                                                                   (2001/C 173/22)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                              (Language of the case: English)
In Case C-274/99 P: Bernard Connolly, a former official of
the Commission of the European Communities, residing in                    In Joined Cases C-397/98 and C-410/98: reference to the
London, United Kingdom, represented by J. Sambon and                       Court under Article 177 of the EC Treaty (now Article 234
P.-P. van Gehuchten, avocats, with an address for service in               EC) from the High Court of Justice of England and Wales,
Luxembourg, appeal against the judgment of the Court of First              Chancery Division, (United Kingdom) for a preliminary ruling
Instance of the European Communities (First Chamber) of                    in the proceedings pending before that court between Metallge-
19 May 1999 in Joined Cases T-34/96 and T-163/96 Connolly                  sellschaft Ltd and Others (C-397/98), Hoechst AG, Hoechst
v Commission [19991 ECR-SC I-A-87 and II-463, seeking to                   UK Ltd (C-410/98) and Commissioners of Inland Revenue,
have that judgment set aside, the other party to the proceedings           H.M. Attorney General — on the interpretation of Articles 6
being: Commission of the European Communities (Agents:                     and 52 of the EC Treaty (now, after amendment, Articles 12
G. Valsesia and J. Currall, assisted by D. Waelbroeck) —                   EC and 43 EC), Article 58 of the EC Treaty (now Article 48
the Court, composed of: G.C. Rodrı́guez Iglesias, President,               EC) and/or Article 73b of the EC Treaty (now Article 56 EC)
C. Gulmann, A. La Pergola, M. Wathelet (Rapporteur) and                    — the Court (Fifth Chamber), composed of: A. La Pergola,
V. Skouris (Presidents of Chambers), D.A.O. Edward,                        President of the Chamber, M. Wathelet (Rapporteur),
J.-P. Puissochet, P. Jann, L. Sevón, R. Schintgen and N. Colneric,        D.A.O. Edward, P. Jann and L. Sevón, Judges; N. Fennelly,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,                Advocate General; L. Hewlett, Administrator, for the Registrar,
Registrar, has given a judgment on 6 March 2001, in which it:              has given a judgment on 8 March 2001, in which it has ruled: