CELEX: C1998/378/28
Language: en
Date: 1998-12-05 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 October 1998 in Case T-40/95: V v. Commission of the European Communities (Officials - Disciplinary procedure - Removal from post - Appeal - Case referred back to the Court of First Instance - Verification of the facts - Right to a fair hearing)

C 378/16              EN                 Official Journal of the European Communities                                   5.12.98
                                                   COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           represented by Roberto G. Aloisio, of the Rome Bar, and
                     of 16 October 1998                             Fabrizio Massoni, of the Brussels Bar, with an address for
                                                                    service in Luxembourg at the Chambers of Jim Penning,
in Case T-40/95: V v. Commission of the European                    31 Grand-Rue, v. Council of the European Union (Agents:
                        Communities (1)                             initially, Moyra Sims-Robertson and Marco Umberto
(Officials Ð Disciplinary procedure Ð Removal from post             Moricca, and, subsequently, Moyra Sims-Robertson and
Ð Appeal Ð Case referred back to the Court of First                 Ignacio Díez Parra) and Commission of the European
Instance Ð Verification of the facts Ð Right to a fair              Communities (Agents: Paolo Ziotti and James Macdonald
                            hearing)                                Flett) Ð Application, first, for compensation under
                                                                    Article 178 and the second paragraph of Article 215 of
                         (98/C 378/28)                              the EC Treaty for the damage allegedly suffered by the
                                                                    applicants as a result of acts and omissions of the Council
                (Language of the case: French)                      and the Commission following the outbreak of the disease
                                                                    known as bovine spongiform encephalopathy and, second,
In Case T-40/95: V, an official of the Commission of the            annulment of Council Regulation (EC) No 1357/96 of
European Communities, represented by Jean-NoeÈl Louis               8 July 1996 providing for additional payments to be made
and Thierry Demaseure, and initially by Ariane Tornel, all          in 1996 with the premiums referred to in Regulation
of the Brussels Bar, with an address for service in                 (EEC) No 805/68 on the common organisation of the
Luxembourg at the Office of Fiduciaire Myson SARL, 30               market in beef and veal and amending that regulation (OJ
Rue de Cessange, against Commission of the European                 L 175, 13.7.1996, p. 9) Ð the Court of First Instance
Communities (Agent: Ana Maria Alves Vieira) Ð                       (Fifth Chamber) composed of: J. Azizi, President, R.
application for annulment of the Commission's Decision              García-Valdecasas and M. Jaeger, Judges; B. Pastor,
of 18 January 1995 removing the applicant from his post             Principal Administrator, for the Registrar, has given a
without reduction or withdrawal of his entitlement to a             judgment on 30 September 1998, in which it:
retirement pension Ð the Court of First Instance (Fifth
Chamber), composed of: J. Azizi, President, R. García-
Valdecasas and M. Jaeger, Judges; B. Pastor,
Administrator, for the Registrar, gave a judgment on
16 October 1998, in which it:                                       1. Dismisses as inadmissible the application for
                                                                         compensation made by Confederazione Nazionale
1. Annuls the Commission's Decision of 18 January 1995                   Coltivatori Diretti (Coldiretti);
     removing the applicant from his post;
2. Orders the Commission to bear all the costs, including
     those relating to the proceedings before the Court of
                                                                    2. Dismisses as unfounded the applications for
     Justice and the interlocutory proceedings.
                                                                         compensation made by the other applicants (the
                                                                         individual farmers);
(1) OJ C 87, 8.4.1995.
                                                                    3. Rules that there is no need to give a decision on the
                                                                         application for annulment of Council Regulation (EC)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                No 1357/96 of 8 July 1996 providing for additional
                    of 30 September 1998                                 payments to be made in 1996 with the premiums
                                                                         referred to in Regulation (EEC) No 805/68 on the
in Case T-149/96: Confederazione Nazionale Coltivatori                   common organisation of the market in beef and veal
Diretti (Coldiretti) and Others v. Council of the European               and amending that regulation;
 Union and Commission of the European Communities (1)
(Common agricultural policy Ð Animal health Ð Bovine
spongiform encephalopathy Ð Action for damages Ð
Regulation (EC) No 1357/96 Ð Additional premiums Ð
Action for annulment Ð Trade association Ð                          4. Orders the applicants to pay the costs.
                          Inadmissible)
                         (98/C 378/29)
                                                                    (1) OJ C 370, 7.12.1996.
                (Language of the case: Italian)
In Case T-149/96: Confederazione Nazionale Coltivatori
Diretti (Coldiretti), established in Rome, and 110 farmers,