CELEX: C1999/226/52
Language: en
Date: 1999-08-07 00:00:00
Title: Designation of Presidents of Chamber and the composition of the Chambers

C 226/28              EN                   Official Journal of the European Communities                                       7.8.1999
                                                     COURT OF FIRST INSTANCE
Designation of Presidents of Chamber and the compo-                        to the Fourth Chamber:
                    sition of the Chambers
                                                                           Ms Tiili (President of Chamber), Mr Moura Ramos and Mr
                        (1999/C 226/52)                                    Mengozi, Judges;
At its plenary meeting on 6 July 1999 the Court of First                   to the Fourth Chamber, Extended Composition:
Instance decided, pursuant to Article 2(4) of the Council
Decision of 24 October 1988 and Articles 10 and 15 of the
Rules of Procedure of the Court of First Instance, in respect of           Ms Tiili (President of Chamber), Ms Lindh, Mr Moura
the period between 1 October 1999 and 31 September 2000:                   Ramos, Mr Cooke and Mr Mengozzi, Judges;
                                                                           to the Fifth Chamber:
(a) to designate as Presidents of Chamber
                                                                           Mr Garcı́a-Valdecasas (President of Chamber), Ms Lindh
    — Mr Garcı́a-Valdecasas,                                               and Mr Cooke, Judges;
    — Mr Lenaerts,                                                         to the Fourth Chamber, Extended Composition:
    — Ms Tiili,
                                                                           Mr Garcı́a-Valdecasas (President of Chamber), Mr Bellamy,
                                                                           Ms Lindh, Mr Cooke Rnd Mr Vilaras, Judges.
    — Mr Pirrung;
(b) to assign the Members of the Court of First Instance to the       Cases pending before the present Chambers have been reallo-
    Chambers as follows:                                              cated with effect from 1 October 1999 to the Chamber,
                                                                      composed of the same number of Judges, of which the
                                                                      Judge-Rapporteur in each particular case is a member.
    to the First Chamber:
    Mr Vesterdorf (President), Mr Bellamy and Mr Vilaras,             However, for cases in which the written procedure was
    Judges;                                                           completed and a hearing in the oral procedure was held or
                                                                      fixed before 1 October 1999, the Chamber shall continue to
                                                                      sit with the same composition as before for the oral procedure,
    to the First Chamber, Extended Composition:                       the deliberation and the judgment.
    Mr Vesterdorf (President), Mr Bellamy, Mr Potocki, Mr Meij
    and Mr Vilaras, Judges;
                                                                      Criteria for assigning cases to the Chambers
    to the Second Chamber:
                                                                      At its plenary meeting on 6 July 1999 the Court of First
    Mr Pirrung (President of Chamber), Mr Potocki and Mr              Instance established the following criteria for the assignment
    Meij, Judges;                                                     of cases to the Chambers for the period ending 30 September
                                                                      2000, pursuant to Article 12 of the Rules of Procedure:
    to the Second Chamber, Extended Composition:
                                                                      1.
    Mr Pirrung (President of Chamber), Mr Azizi, Mr Potocki,
    Mr Jaeger and Mr Meii, Judges;                                         (a) Actions concerning the implementation of the rules
                                                                               on State aid or the rules on trace protection measures
    to the Third Chamber:                                                      shall be assigned, with effect from the lodging of the
                                                                               application and without prejudice to any subsequent
                                                                               application of Articles 14 and 51 of the Rules of
    Mr Lenaerts (President of Chamber), Mr Azizi and Mr                        Procedure, to Chambers with an extended composition
    Jaeger, Judges;                                                            of five Judges.
    to the Third Chamber, Extended Composition:                            (b) All other cases shall be assigned, with effect from the
                                                                               lodging of the application and without prejudice to
    Mr Lenaerts (President of Chamber), Mr Azizi, Mr Moura                     any subsequent application of Articles 14 and 51 of
    Ramos, Mr Jaeger and Mr Mengozzi, Judges;                                  the Rules of Procedure, to Chambers of three Judges.
 ---pagebreak--- 7.8.1999                EN                   Official Journal of the European Communities                                      C 226/29
2. The cases referred to in paragraphs 1(a) and 1(b) shall be           Action brought on 19 April 1999 by Pieter F. Fleurbaay
     allocated between the Chambers as follows:                                     against the European Investment Bank
     (a) The cases referred to in paragraph 1(a) shall be assigned
         in turn, according to the order in which they are                                       (Case T-96/99)
         registered at the Court Registry, to the First Second,
         Third, Fourth and Fifth Chambers, Extended Compo-                                      (1999/C 226/53)
         sition;
     (b) Cases concerning intellectual property, as referred to                            (Language of the case: French)
         in Article 130(1) of the Rules of Procedure of the Court
         of First Instance, shall be assigned according to the
         order in which they are registered at the Court Registry,      An action against the European Investment Bank was brought
         to the Second and Fourth Chambers;                             before the Court of First Instance of the European Communities
                                                                        on 19 April 1999 by Pieter F. Fleurbaay, resident in Luxem-
     (c) The cases referred to in paragraph 1(b) shall be assigned      bourg, represented by Eric Boigelot, of the Brussels Bar, with
         to the First, Second, Third, Fourth and Fifth Chambers.        an address for service in Luxembourg at the Chambers of Louis
         Such assignment is to be effected on the basis of three        Schiltz, 2 Rue du Fort Rheinsheim.
         separate rotas, reflecting the order in which the cases
         are registered at the Court Registry:
                                                                        The applicant claims that the Court should:
         — for the cases referred to in Article 236 of the EC
              Treaty and Article 152 of the EAEC Treaty,                — annul the decision adopted by the European Investment
                                                                            Bank (‘the EIB’), by memorandum dated 18 February 1999
         — for the cases concerning the implementation of the               drawn up by its President, Sir Brian Unwin, notifying the
              rules of competition applicable to undertakings,              applicant of the continuation for an indefinite period of
                                                                            the decision previously adopted on 27 July 1998 not to
         — for the other cases covered by paragraph 1(b).                   treat the civil statue of ‘partnerschap’ as equivalent to
                                                                            marriage, together with the consequences which may arise
                                                                            therefrom in relation to the pension scheme and the family
For the purposes of the rota referred to in the first indent of             allowance;
paragraph 2(c), the assignment of cases concerning intellectual
property to the Second and Fourth Chamber on the basis of
the rota referred to in paragraph 2(b) shall be compensated for         — order the defendant to pay all the costs.
by the assignment of cases to the First, Third and Fifth
Chambers on a pro rata basis.
                                                                        Pleas in law and main arguments
For the purposes of the rotas referred to in paragraphs 2(a)
and 2(c), the First Chamber and the First Chamber, Extended             The applicant, a former member of the staff of the European
Composition, presided over by the President of the Court of             Investment Bank (‘EIB’), contests the refusal by the appointing
First Instance, shall not be included in those lists every third        authority to take account of the act, registered in the Nether-
time the end of a rota is reached.                                      lands in accordance with Netherlands law, recognising his
                                                                        cohabitation (‘partnerschap’) as a partner for life with another
The President of the Court of First Instance may derogate from          person, as regards its possible effects on the pension scheme
that order on the ground that cases are related or with a view          and family allowance provided for by the Staff Regulations of
to ensuring an even spread of the workload.                             the EIB.
                                                                        The applicant maintains that the contested decision is not in
Plenary session                                                         conformity with the Conciliation Board’s recommendation of
                                                                        5 November 1998, which stated that the EIB’s Staff Regulations
At its plenary meeting on 6 July 1999, the Court of First               and pension rules should be revised in order to take into
Instance decided pursuant to the second subparagraph of                 account, in particular, the changes occurring in the social
Article 32(1) of the Rules of Procedure of the Court of First           environment within the Union, which have been recognised
Instance that where, following the designation of an Advocate           by the enactment of legislation in certain Member States, and
general pursuant to Article 17 of the Rules of Procedure, there         the staff regulations of other comparable institutions. The
is an even number of Judges in the Court of First Instance              Conciliation Board also considered that any change resulting
sitting in plenary session, the rota established in advance in          from such revision should be applicable to the present case.
accordance with which the President of the Court is to
designate the Judge who will not take part in the judgment of
the case shall be in reverse order to that in which the Judges          In support of his claims, the applicant pleads infringement of
rank according to their seniority in office under Article 6 of          Article 41 of the Staff Regulations, of Articles 52 and 53 of
the Rules of Procedure unless the Judge who would thus be               the Staff Pension Scheme Rules, of Article 119 of the Treaty
designated is the Judge-Rapporteur. In that event, it shall be          on European Union and of the Conciliation Board’s decision
the Judge ranking immediately above him who shall be                    of 5 November 1998, as well as breach of certain general
designated.                                                             principles of law, such as the principle of the protection of
                                                                        legitimate expectations, the principle of equality of treatment
                                                                        as between the various members of the staff of an institution
                                                                        and the prohibition of discrimination on grounds of sex.