CELEX: C1998/094/53
Language: en
Date: 1998-03-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 22 January 1998 in Case T-98/96: Mario Costacurta v. Commission of the European Communities (Officials - Decision reassigning an official - Article 7 of the Staff Regulations - Annex X to the Staff Regulations)

C 94/20               EN                Official Journal of the European Communities                                  28.3.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 29 January 1998                                                 of 29 January 1998
                                                                   in Case T-62/96: Willy de Corte v. Commission of the
in Case T-97/95: Sinochem National Chemicals Import &
                                                                                     European Communities (1)
 Export Corporation v. Council of the European Union (1)
                                                                   (Officials Ð Partial permanent invalidity Ð Accident Ð
(Anti-dumping Ð Furfuraldehyde Ð Factors justifying the                           Link between cause and effect)
opening of an investigation Ð Principle of proportionality
Ð Injury Ð Rejection of an undertaking Ð Regulation                                        (98/C 94/52)
                     (EEC) No 2423/88)
                         (98/C 94/51)                                             (Language of the case: French)
                                                                   In Case T-62/96: Willy de Corte, an official of the
               (Language of the case: English)                     Commission of the European Communities, residing at
                                                                   Halle (Belgium), represented by Lucas Vogel, of the
                                                                   Brussels Bar, with an address for service in Luxembourg at
                                                                   the Chambers of Christian Kremer, 8Ð10 Rue Mathias
                                                                   Hardt, v. Commission of the European Communities
In Case T-97/95: Sinochem National Chemicals Import &              (Agent: Julian Currall) Ð application for annulment of the
Export Corporation established in Beijing, represented by          decision of the Commission of 16 June 1995 refusing to
Jean-FrancËois Bellis, of the Brussels Bar, with an address        accept, in accordance with the rules on insurance against
for service in Luxembourg at the Chambers of Loesch and            the risk of accident, financial responsibility for the
Wolter, 11 Rue Goethe v. Council of the European Union             consequences of an infarction suffered by the applicant
(Agents: initially Yves Cretien and Antonio Tanca,                 and, in so far as may be necessary, annulment of the
subsequently Mr Tanca, Hans-Jürgen Rabe and Georg M.               decision of 25 January 1996 expressly rejecting the
Berrisch), supported by Commission of the European                 applicant's complaint Ð the Court of First Instance
Communities (Agent: Nicholas Khan) and Furfural                    (Second Chamber), composed of: A. Kalogeropoulos,
EspanÄol SA, established in Alcantarilla (Spain),                  President, and C. W. Bellamy and J. Pirrung, Judges; A.
represented by JoseÂ Rivas de AndreÂs, of the Madrid Bar,          Mair, Administrator, for the Registrar, has given a
with an address for service in Luxembourg at the                   judgment on 29 January 1998, in which it:
Chambers of ArseÁne Kronshagen, 22 Rue Marie-AdeÂlaïde
Ð for the annulment of Council Regulation (EC) No 95/
95 of 16 January 1995 imposing a definitive anti-dumping           1. dismisses the application;
duty on imports of furfuraldehyde originating in the
People's Republic of China (OJ L 15, 21.1.1995, p. 11) Ð
the Court (Fifth Chamber, Extended Composition),
                                                                   2. orders the parties to bear their own costs.
composed of R. García-Valdecasas, President of the
Chamber, V. Tiili, J. Azizi, R. M. Moura Ramos and M.
Jaeger, Judges; A. Mair, Registrar, gave a judgment on             (1) OJ C 197, 6.7.1996.
29 January 1998 in which it:
1. dismisses the application;
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 22 January 1998
2. orders the applicant to bear its own costs and to pay
                                                                   in Case T-98/96: Mario Costacurta v. Commission of the
    the costs of the Council and of the intervener Furfural
                                                                                     European Communities (1)
    EspanÄol;
                                                                   (Officials Ð Decision reassigning an official Ð Article 7
                                                                   of the Staff Regulations Ð Annex X to the Staff
                                                                                            Regulations)
3. orders the Commission to bear its own costs.                                            (98/C 94/53)
(1) OJ C 159, 24.6.1995.                                                          (Language of the case: French)
                                                                   In Case T-98/96: Mario Costacurta, an official of the
                                                                   Commission of the European Communities, residing at
 ---pagebreak--- 28.3.98              EN                  Official Journal of the European Communities                                  C 94/21
Kinshasa, represented by Nicolas Decker, of the                     GonzaÂlez, Administrator, gave a judgment on 29 January
Luxembourg Bar, with an address for service in                      1998 in which it:
Luxembourg at the latter's Chambers, 16 Avenue Marie-
TheÂreÁse, v. Commission of the European Communities
(Agents: initially, Gianluigi Valsesia and Ana Maria Alves          1. dismisses the application;
Vieira and, subsequently, Mr Valsesia and Florence
Duvieusart-Clotuche) Ð application, first, for annulment
of the decision' of the Committee for the Administration           2. orders the applicant to pay the costs.
of Delegations, contained in a memorandum of 30 April
1996, and, second, for annulment of the decision of the
Commission of 31 May 1996 reassigning the applicant to              (1) OJ C 318, 26.10.1996.
the Office for Official Publications of the European
Communities Ð the Court of First Instance (Third
Chamber), composed of: V. Tiili, President, and C. P. BrieÈt
and A. Potocki, Judges; B. Pastor, Principal Administrator,
for the Registrar, has given a judgment on 22 January
1998, in which it:
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
1. dismisses the application;                                                             of 6 February 1998
                                                                    in Case T-124/96: Interporc Im- und Export GmbH v.
2. orders the parties to bear their own costs.                             Commission of the European Communities (1)
                                                                    (Commission Decision 94/90/ECSC, EC, Euratom on
(1) OJ C 233, 10.8.1996.                                            public access to Commission documents Ð Decision
                                                                    refusing access to documents Ð Protection of the public
                                                                                     interest (court proceedings))
                                                                                             (98/C 94/55)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                          (Language of the case: German)
                     of 29 January 1998
in Case T-113/96: EÂdouard Dubois et Fils SA v. Council             In Case T-124/96: Interporc Im- und Export GmbH,
of the European Union and Commission of the European                established in Hamburg, Germany, represented by Georg
                       Communities (1)                              M. Berrisch, Rechtsanwalt, Hamburg, with an address for
                                                                    service in Luxembourg at the Chambers of Guy Harles,
(Non-contractual liability Ð Single European Act Ð                  8Ð10 Rue Mathias Hardt, against Commission of the
                       Customs agent)                               European Communities (Agent: Ulrich Wölker) Ð
                         (98/C 94/54)                               application for annulment of the Commission's decision of
                                                                    29 May 1996 confirming its refusal to grant the applicant
                                                                    access to certain of its documents Ð the Court of First
               (Language of the case: French)                       Instance (Third Chamber, Extended Composition),
                                                                    composed of: B. Vesterdorf, President, C. P. BrieÈt, P.
                                                                    Lindh, A. Potocki and J. D. Cooke, Judges; A. Mair,
Judgment of the Court of First Instance of 29 January               Administrator, for the Registrar, has given a judgment on
1998 in Case T-113/96: EÂdouard Dubois et Fils SA whose             6 February 1998, in which it:
registered office is in Roubaix (France), represented by
Pierre Ricard and Alain Crosson du Cormier, of the Paris
Bar, with an address for service in Luxembourg at the               1. annuls the Commission's decision of 29 Mai 1996
Chambers of Marc Feiler, 67 Rue Ermesinde v. Council of                 refusing the applicant access to certain documents held
the European Union (Agents: Guus Houttuin and Maria                     by the Commission;
Christina Giorgi) and Commission of the European
Communities (Agents: Hendrik van Lier, Legal Adviser,
and Fernando Castillo de la Torre) Ð application for                2. dismisses the application as inadmissible in so far as it
compensation under Article 178 and the second paragraph                 seeks the issue of directions to the Commission;
of Article 215 of the EC Treaty and for an order requiring
the Community to make good the damage allegedly
suffered by the applicant owing to the completion, as of
                                                                    3. orders the Commission to pay the costs.
1 January 1993, of the internal market in accordance with
the Single European Act, and the consequent abolition of
the customs agency work in which it had been engaged                (1) OJ C 318, 26.10.1996.
until that date on French territory Ð the Court (Fifth
Chamber), composed of M. García-Valdecasas (President
of the Chamber), J. Azizi and M. Jaeger, Judges; J. Palacio