CELEX: C1995/315/36
Language: en
Date: 1995-11-25 00:00:00
Title: Action brought on 19 September 1995 by Erich Biedermann, Walter W. Hedderich and Alfred Wienrich against the Court of Auditors of the European Communities (Case T-173/95)

No C 315/ 18          EN                  Official Journal of the European Communities                                  25 . 11 . 95
Action brought on 19 September 1995 by Valentino Chesi,              1995 by Erich Biedermann, Walter W. Hedderich and
Margot Jost and Ralph Loebisch against the Council of the            Alfred Wienrich, residing in Germany, represented by
                       European Union                                Georges Vandersanden and Laure Levi, of the Brussels Bar,
                       ( Case T-l 72/95 )                            with an address for service in Luxembourg at the offices of
                                                                     Fiduciaire Myson Sari , 1 Rue Glesener.
                         ( 95/C 315/35 )
                                                                     The applicants claim that the Court should :
               (Language of the case: French)
                                                                     — annul the applicants ' pension statements for December
An action against the Council of the European Union was                  1994, drawn up pursuant to Council Regulation ( EC )
brought before the Court of First Instance of the European               No 3161 /94 of 19 December 1994, inasmuch as that
Communities on 19 September 1995 by Valentino Chesi,                     regulation lays down a weighting for Germany at the
Margot Jost and Ralph Loebisch, residing in Germany,                     rate fixed for its capital , Berlin, only with effect from
represented by Georges Vandersanden and Laure Levi , of                  1 July 1994 and not from 3 October 1990, and , in so far
the Brussels Bar, with an address for service in Luxembourg              as may be necessary, annul the decision of the Court of
at the offices of Fiduciaire Myson Sari, 1 , Rue Glesener.               Auditors of 18 July 1995 rejecting the applicants '
                                                                         complaint,
The applicants claim that the Court should :                         — reinstate the applicants ' pension rights in full, weighted
                                                                         at the rate fixed for Berlin, with effect from 3 October
— annul the applicants' pension statements for December                  1990 ,
    1994, drawn up pursuant to Council Regulation ( EC )
    No 3161 /94 of 19 December 1994 , inasmuch as that               — order the defendant to pay default interest on the
    Regulation lays down a weighting for Germany at the                  pension arrears for the period from 3 October 1990 to
    rate fixed for its capital, Berlin , only with effect from           30 June 1994 , calculated in relation to the same period ,
    1 July 1994 and not from 3 October 1990 , and, in so far             at the annual rate of 10% ,
    as may be necessary, annul the decision of the Council of
    19 June 1995 rejecting the applicants' complaint,                — order the defendant to pay all of the costs .
— reinstate the applicants' pension rights in full , weighted        Pleas in law and main arguments adduced in support:
    at the rate fixed for Berlin, with effect from 3 October
    1990 ,                                                           The pleas and main arguments are the same as those in Case
                                                                     T-171 /95 .
— order the defendant to pay default interest on the
    pension arrears for the period from 3 October 1990 to
    30 June 1994 , calculated in relation to the same period,
    at the annual rate of 10% ,
— order the defendant to pay all of the costs .
                                                                     Action brought on 25 September 1995 by BASF Lacke +
                                                                     Farben AG against the Commission of the European
Pleas in law and main arguments adduced in support:                                            Communities
                                                                                            ( Case T-175 /95
The pleas and main arguments are the same as those in Case
T-171 /95 .
                                                                                              ( 95 /C 315/37 )
                                                                                   (Language of the case: German)
                                                                     An action against the Commission of the European
                                                                     Communities was brought before the Court of First
                                                                     Instance of the European Communities on 25 September
Action brought on 19 September 1995 by Erich                         1995 by BASF Lacke + Farben AG, represented by
Biedermann, Walter W. Hedderich and Alfred Wienrich                  Ferdinand Hermanns, Rechtsanwalt, Meerbusch ( Federal
against the Court of Auditors of the European                        Republic of Germany ), with an address for service in
                          Communities                                Luxembourg at the Chambers of Loesch & Wolters , 1 1 Rue
                       ( Case T-173/95 )                             Goethe .
                         ( 95/C 315/36 )
                                                                     The applicant claims that the Court should :
               (Language of the case: French)                        — annul the defendant's decision of 12 July 1995 , notified
                                                                         on 21 July 1995 , concerning a proceeding under
An action against the Court of Auditors of the European                  Article 85 of the EC Treaty ( Case IV/33.802 — BASF
Communities was brought before the Court of First                        Lacke + Farben AG and SA Accinauto ) in so far as it
Instance of the European Communities on 19 September                     concerns the applicant,