CELEX: C1998/278/79
Language: en
Date: 1998-09-05 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 8 July 1998 in Case T-130/96, Gaetano Aquilino v. Council of the European Union (Officials - Sick leave - Article 59 of the Staff Regulations - Medical certificates - Not accepted - Medical checks organised by the institution - Article 60 of the Staff Regulations - Unauthorised absences - Recovered from the official's salary)

5.9.98                EN                  Official Journal of the European Communities                                 C 278/35
                                                    COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            service in Luxembourg at the Chambers of Ernest Arendt,
                        of 8 July 1998                               8Ð10 rue Mathias Hardt, supported by FeÂdeÂration
                                                                     EuropeÂenne de la SanteÂ Animale (Fedesa), represented by
in Case T-232/95, Committee of European Copier                       Alexandre Vandencasteele, of the Brussels Bar, with an
Manufacturers (Cecom) v. Council of the European                     address for service in Luxembourg at the Chambers of
                           Union (1)                                 Ernest Arendt, 8Ð10 rue Mathias Hardt against
(Anti-dumping duties on plain paper photocopiers Ð                   Commission of the European Communities (Agents:
Review Ð Period of application of the anti-dumping duty              Richard Wainwright and Fernando Castillo de la Torre) Ð
               Ð Manifest error of assessment)                       application for the annulment of the Commission decision
                                                                     of 22 May 1996 rejecting the applicant's request for the
                        (98/C 278/77)                                inclusion of somidobove, a recombinant bovine
                                                                     somatotrophin (BST), in Annex II to Council Regulation
               (Language of the case: German)
                                                                     (EEC) No 2377/90 of 26 June 1990 laying down a
                                                                     Community procedure for the establishment of maximum
  (Provisional translation; the definitive translation will be       residue limits of veterinary medicinal products in
         published in the European Court Reports)                    foodstuffs of animal origin (OJ L 224, 18.8.1990, p. 1) Ð
                                                                     the Court (Third Chamber), composed of: V. Tiili,
In Case T-232/95, Committee of European Copier                       President, C. P. BrieÈt and A. Potocki, Judges; A. Mair,
Manufacturers       (Cecom)      established     in   Cologne        Administrator, for the Registrar, has given a judgment on
(Germany), represented by Dietrich Ehle and Volker                   25 June 1998, in which it:
Schiller, Rechtsanwälte, Cologne, with an address for
service in Luxembourg at the Chambers of Marc Lucius, 6
rue Michel Welter against Council of the European Union,             1. annuls the Commission decision of 22 May 1996
(Agents: Antonio Tanca, Hans-Jürgen Rabe and Georg M.                    rejecting the request for the inclusion of somidobove,
Berrisch) Ð application for annulment of the second                      a recombinant bovine somatotrophin (BST), in
paragraph of Article 3 of Council Regulation (EC)                        Annex II to Council Regulation (EEC) No 2377/90 of
No 2380/95 of 2 October 1995 imposing a definitive anti-                 26 June 1990 laying down a Community procedure
dumping duty on imports of plain paper photocopiers                      for the establishment of maximum residue limits of
originating in Japan (OJ L 244, 12.10.1995, p. 1) Ð the                  veterinary medicinal products in foodstuffs of animal
Court (First Chamber, Extended Composition), composed                    origin;
of: B. Vesterdorf, President, and C. W. Bellamy and R. M.
Moura Ramos, Judges; H. Jung, for the Registrar, has
                                                                     2. orders the Commission to pay the costs, including
given a judgment on 8 July 1998, in which it:
                                                                         those of the intervener.
1. dismisses the action;
                                                                     (1) OJ C 318, 26.10.1996.
2. orders the applicant to pay the costs.
(1) OJ C 64, 2.3.1996.
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                            of 8 July 1998
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            in Case T-130/96, Gaetano Aquilino v. Council of the
                       of 25 June 1998                                                    European Union (1)
in Case T-120/96, Lilly Industries Ltd v. Commission of              (Officials Ð Sick leave Ð Article 59 of the Staff
                the European Communities (1)                         Regulations Ð Medical certificates Ð Not accepted Ð
(Regulation (EEC) No 2377/90 Ð Request for inclusion                 Medical checks organised by the institution Ð Article 60
of a recombinant bovine somatotrophin (BST) in the list              of the Staff Regulations Ð Unauthorised absences Ð
of substances not subject to maximum residue limits Ð                            Recovered from the official's salary)
Rejection by the Commission Ð Application for                                                (98/C 278/79)
                          annulment)
                        (98/C 278/78)                                               (Language of the case: French)
               (Language of the case: English)
                                                                     In Case T-130/96: Gaetano Aquilino, an official of the
In Case T-120/96, Lilly Industries Ltd, established in               Council of the European Union, residing at Mons
Basingstoke (United Kingdom) represented by Mr Denis                 (Belgium), represented by Nicholas LhoeÈst, of the Brussels
Waelbroeck, of the Brussels Bar, with an address for                 Bar, with an address for service in Luxembourg at the
 ---pagebreak--- C 278/36             EN                   Official Journal of the European Communities                                   5.9.98
offices of Fiduciaire Myson SARL, rue de Cessange v.                 Currall) Ð application for taxation of costs following
Council of the European Union (Agents: Diego Canga                   the judgments of the Court of First Instance in Joined
Fano and Marie-Jeanne Vernier) Ð application for                     Cases T-177/94 and T-377/94 Altmann and Others v.
annulment of the Council's decision, notified to the                 Commission [1996] ECR II-2041 and in Case T-99/95
applicant by note of 25 October 1995, to recover the                 Stott v. Commission [1996] ECR II-2227 Ð the Court of
equivalent of 91 working days from his salary for                    First Instance (Second Chamber), composed of: A.
unjustified absences between 9 March 1994 and                        Kalogeropoulos, President, C. W. Bellamy and J. Pirrung,
15 February 1995 Ð the Court of First Instance (First                Judges; H. Jung, Registrar, made an order on 25 June
Chamber), composed of B. Vesterdorf, President, A.                   1998, the operative part of which is as follows:
Kalogeropoulos and R. M. Moura Ramos, Judges; B.
Pastor, Principal Administrator, for the Registrar, gave a           The total amount of the costs to be reimbursed by the
judgment on 8 July 1998, the operative part of which is as           Commission to the applicants is fixed in the sum of GBP
follows:                                                             15 000, together with any VAT payable thereon.
1. The Council's decision of 25 October 1995 to recover              (1) OJ C 188, 9.7.1994, OJ C 392, 31.12.1994 and OJ C 286,
    the equivalent of 91 working days from the applicant's               28.10.1995.
    salary for unjustified absences between 9 March 1994
    and 15 February 1995 is partially annulled in so far as
    it concerns 58 days of allegedly unauthorised absence
    recorded during the period between 9 March 1994 and
    20 September 1994.
                                                                          ORDER OF THE COURT OF FIRST INSTANCE
2. The Council is ordered to repay to the applicant the                                     of 25 June 1998
    amounts unduly deducted from his salary Ð
    equivalent to 58 working days together with default              in Joined Cases T-14/97 and T-15/97, Sofivo SAS and
    interest at the rate of 5 % per annum as from the date                   Others v. Council of the European Union (1)
    when those amounts were first deducted.                          (Agriculture Ð Common organisation of the markets Ð
                                                                     Beef and veal Ð Intervention mechanisms Ð Premium for
3. The remainder of the application is dismissed.                    the early marketing of veal calves Ð Average carcase
                                                                     weight Ð Criteria for fixing the same Ð Action for
4. The Council is to bear its own costs and two-thirds of                             annulment Ð Inadmissibility)
    the costs incurred by the applicant.                                                     (98/C 278/81)
5. The applicant is to bear one-third of his own costs.                              (Language of the case: French)
(1) OJ C 318, 26.10.1996.                                            In Joined Cases T-14/97 and T-15/97: Sofivo SAS,
                                                                     established at CondeÂ-sur-Vire (France), Sofivo Production
                                                                     SAS, established at BreÂceÂ (France), Sovinor SAS,
                                                                     established at CondeÂ-sur-Vire, Denkavit France sarl,
                                                                     established at Montreuil-Bellay (France), Sobeval Viande
                                                                     SA, established at PeÂrigueux (France), Serval SA,
     ORDER OF THE COURT OF FIRST INSTANCE                            established at Sainte-Eanne (France), Besnier Industrie
                       of 25 June 1998                               SNC, established at Bourgbarre (France), Sovida SA,
                                                                     established at ChaÃteaubriand (France), Ouest EÂlevage
in Joined Cases T-177/94 (92) and T-377/94 (92) and                  SICA, established at Ploudaniel (France), Guinde SA,
in Case T-99/95 (92), Henk Altmann and Others and                    established at Montauban (France), Tarbouriech SA,
Peter Edmond Stott v. Commission of the European                     established at Villeneuve-sur-Lot (France), Mamellor sarl,
                       Communities (1)                               established at Charnay-leÁs-MaÃcon (France), Coopagri
                      (Taxation of costs)                            Bretagne, established at Landerneau (France), Collet et
                                                                     Compagnie SA, established at ChaÃteaubourg (France),
                        (98/C 278/80)                                KermeneÂ SA, established at Saint-Jacut-du-MeneÂ (France),
                                                                     and Vals SA, established at Champagne (France),
               (Language of the case: English)                       represented initially by Deborah Kryvian and subsequently
                                                                     by Philippe Denesle, of the Rouen Bar, with an address for
In Joined Cases T-177/94 (92) and T-377/94 (92): Henk                service in Luxembourg at the Chambers of Marc Loesch,
Altmann and Others and Margaret Casson and Others,                   11 rue Goethe, v. Council of the European Union (Agents:
represented by Rhodri Thompson, Barrister, of the Bar                John Carbery and Moyra Sims-Robertson), supported by
of England and Wales, 4 Raymond Buildings, Gray's                    Commission of the European Communities (Agent: GeÂrard
Inn, London, against Commission of the European                      Berscheid) Ð application for annulment of Article 1(4) of
Communities (Agent: Julian Currall) and in Case T-99/95              Council Regulation (EC) No 2222/96 of 18 November
(92): Peter Edmond Stott, represented by Rhodri                      1996 amending Regulation (EEC) No 805/68 on the
Thompson, Barrister, of the Bar of England and Wales,                common organisation of the market in beef and veal (OJ
4 Raymond Buildings, Gray's Inn, London, against                     L 296, 21.11.1996, p. 50) Ð the Court of First Instance
Commission of the European Communities (Agent: Julian                (Fifth Chamber), composed of: J. Azizi, President, and R.