CELEX: C1996/233/31
Language: en
Date: 1996-08-10 00:00:00
Title: Action brought on 31 May 1996 by Arbeitsgemeinschaft deutscher Luftfahrt-Unternehmen und Hapag-Lloyd Fluggesellschaft mbH against the Commission of the European Communities (Case T-86/96)

No C 233 / 18          EN                  Official Journal of the European Communities                                  10 . 8 . 96
 On 22 April 1996 the Director decided, on the basis of a               by Dr Gerrit Schohe and Dr Philipp von Dietze,
 communication from Eurostat, to extend the applicant's                 Rechtsanwàlte, Hamburg, with an address for service in
 secondment to Eurostat until 31 May 1 996 . The applicant's            Luxembourg at the Chambers of Marc Baden , 34b Rue
 application of 8 May 1996 for a prolongation of that                   Philippe II .
 extension until 30 September 1996 was refused by the
 Director, by letter of 21 May 1996 from Cedefop's head of             The applicants claim that the Court should :
 administration .
                                                                       — annul decision K(96 ) 841 final of the Commission of
 The applicant maintains that the contested decisions are                   13 March 1996 on special depreciation allowances for
 illegal , on the grounds set out below.                                    aircraft pursuant to paragraph 82 f of the German
                                                                            Einkommensteuerdurchfuhrungsverordnung ( income
 In particular :                                                            tax implementation regulation ), inasmuch as that
                                                                            decision concerns the extension of the validity of that
— the decisions were adopted in breach of essential
                                                                            provision from 1 January 1995 to 31 December
     procedural requirements . No adequate statement of
                                                                            1999 ,
     reasons for their adoption was provided,
— the contested decisions are illegal from a substantive               — order the Commission to pay the costs .
     standpoint, since they breach the general principles of
      Community law applicable to the public service . The             Pleas in law and main arguments adduced in support:
     applicant complains in particular of the following
      breaches :                                                       The pleas in law and main arguments are the same as those
                                                                       in     Case T-25/96         Arbeitsgemeinschaft deutscher
     — breach of the agreements concluded between                      Luftfahrt-Unternehmen and Hapag-Lloyd Fluggesellschaft
           Cedefop and the applicant and of the guarantees             mbH v . Commission .
           given by the former to the latter, and , consequently,
           infringement of his rights,
     — breach of the principle that the administration's acts
           are binding on itself, and of the principle of the
          protection of legitimate expectations, since                Action brought on 7 June 1996 by Gisèle Lienard against
           Cedefop's decisions contravened the guidelines laid                the Commission of the European Communities
          down with regard to its future conduct, and                                        ( Case T-88/96 )
                                                                                               ( 96/C 233 /32 )
     — breach of the general duty of an employer to have
          regard for the welfare and interests of his employees,
          since the decisions failed to take account of the                           (Language of tbe case: Frencb)
          applicant's legitimate interests,
                                                                      An action against the Commission of the European
     — breach of the principle of equality of treatment,              Communities was brought before the Court of First
          since , unlike those persons who are remaining in           Instance of the European Communities on 7 June 1996 by
          Berlin, the applicant has not been given credit for his     Gisèle Lienard, residing at Woluwé-Saint-Etienne
          years of service .                                           ( Belgium ), represented by Jean-Noël Louis, Thierry
                                                                      Demaseure and Ariane Tornel , of the Brussels Bar, with an
For the same reasons, the decision to transfer the applicant's        address for service in Luxembourg at the offices of
place of employment with Cedefop to Thessaloniki from                 Fiduciaire Myson Sàrl, 1 Rue Glesener .
3 June 1996 was illegal .
                                                                      The applicant claims that the Court should :
                                                                      — annul the Commission's decision of 30 October 1995
                                                                           terminating with effect from 1 November 1995 the
                                                                           arrangement whereby the applicant was granted the
Action brought on 31 May 1996 by Arbeitsgemeinschaft
                                                                           additional tax abatement for dependent children .
deutscher Luftfahrt-Unternehmen und Hapag-Lloyd
Fluggesellschaft mbH against the Commission of the                    — order the Commission to pay the costs .
                      European Communities
                          ( Case T-86/96 )                            Pleas in law and main arguments adduced in support:
                            ( 96/C 233/31 )
                                                                      The applicant, who is the ex-wife of a Commission official ,
                                                                      contests the Commission's decision granting her former
                 (Language of the case: German)                       husband the additional tax abatement provided for under
                                                                      the second subparagraph of Article 3 ( 4 ) of Council
An action against the Commission of the European                      Regulation ( EEC ) No 260/68 of 29 February 1968 laying
Communities was brought before the Court of First                     down the conditions and procedure for applying the tax for
Instance of the European Communities on 31 May 1996 by                the benefit of the European Communities .
the Arbeitsgemeinschaft deutscher Luftfahrt-Unternehmen,
Bonn, and Hapag-Lloyd Fluggesellschaft mbH ,                          The applicant points out that on 2 1 November 1 994 she and
Langenhagen ( Federal Republic of Germany ), represented              her former husband signed pre-divorce agreements by