CELEX: C1995/054/33
Language: en
Date: 1995-03-04 00:00:00
Title: Action brought on 9 January 1995 by Christian Vahrenkamp against Council of the European Union and Commission of the European Communities (Case T-1/95)

4. 3. 95            I EN 1                Official Journal of the European Communities                                No C 54/17
v. Commission of the European Communities (Agent: Ana                3 . orders the Court of Justice to pay all the costs.
Maria Alves Vieira ) — application for the annulment of the
Commission's decision of 30 September 1993 imposing on               (M OJ 1994 C 76, 12 . 3 . 1994 .
the applicant the disciplinary measure referred to in Article
86 (2 ) ( f) of the Staff Regulations of Officials of the
European Communities, namely, removal from post
without    withdrawal      or   reduction  of entitlement   to
retirement pension — the Court of First Instance ( Fourth            JUDGMENT OF THE COURT OF FIRST INSTANCE
Chamber ), composed of K. Lenaerts, President, and R.
Schintgen and R. García-Valdecasas, Judges; H. Jung,                                       of 11 January 1995
Registrar, has given a judgment on 26 January 1995, in               in Case T-l 16/94 Cassa Nazionale di Previdenza ed
which it:                                                            Assistenza a favore degli Avvocati e Procuratori v. Council
                                                                                       of the European Union (*)
1 . dismisses the application;                                       (Action for annulment — Regulation (EC) No 3604/93
                                                                     specifying definitions for the application of the prohibition
2. orders the parties to bear their own costs, including             of privileged access referred to in Article 104a of the EC
     those relating to the proceedings for interim                                     Treaty — Inadmissibility)
     measures .                                                                                 ( 95/C 54/32 )
(!) OJ No C 325, 2 . 12 . 1993 .                                                     (Language of the case: Italian)
                                                                     In Case T- 116/94 : Cassa Nazionale di Previdenza ed
                                                                     Assistenza a favore degli Avvocati e Procuratori,
                                                                     represented by Edilberto Ricciardi, of the Salerno Bar, and
                                                                     by Pietro Adonnino, Mario Sanino, Maurizio de Stefano
                                                                     and Alberto Colabianchi, all of the Rome Bar, with an
JUDGMENT OF THE COURT OF FIRST INSTANCE                              address for service in Luxembourg at the Chambers of M.
                      of 26 January 1995                             Goebel, 6 Rue Heine, against the Council of the European
in Case T-60/94: Myriam Pierrat v. Court of Justice of the           Union (Agents: R. Bandilla and A. Lucidi ) — application for
                  European Communities ( J )                         annulment of Council Regulation ( EC ) No 3604/93 of
(Members ofthe temporary staff— Recruitment ofreaders                13 December 1993 specifying definitions for the application
of judgments — Selection procedure — Rejection of an                 of the prohibition of privileged access referred to in
            application — Duty to state reasons)
                                                                     Article 104a of the Treaty (2), the Court of First Instance
                                                                     (Third Chamber), composed of: J. Biancarelli (President),
                          ( 95/C 54/31                               C.P. Briët and C.W. Bellamy, Judges, H. Jung, Registrar,
                                                                     made an order on 11 January 1995, the operative part of
                (Language of the case: French)                       which is as follows :
                                                                     1 . the action is dismissed as inadmissible.
In Case T-60/94: Myriam Pierrat, a former member of the
temporary staff of the Court of Justice of the European              2. there is no need to rule on the applications to
Communities, residing in Luxembourg, represented by                       intervene.
Georges Vandersanden, of the Brussels Bar, with an address
for service in Luxembourg at the office of Fiduciaire Myson          3 . the applicant shall bear its own costs and those incurred
S.à r.l., 1 Rue Glesener, against Court of Justice of the                 by the Council. Each ofthe interveners shall bear its own
European Communities (Agents : T. Millett and A. May) —                   costs.
application for the annulment of the decisions of the Court
to appoint Mrs B. as reader of judgments and to reject the           (M OJ No C 132, 14. 5 . 1994 .
applicant's application for the post of reader of judgments,         (2 ) OJ No L 332, 31 . 12 . 1993 , p . 4 .
and for the award to the applicant of one symbolic ecu as
compensation for the non-material damage which she
claims to have suffered — the Court of First Instance (First
Chamber ), composed of: J.L. Cruz Vilaça, President, H.
Kirschner and A. Kalogeropoulos, Judges; H. Jung,
Registrar, has given a judgment on 26 January 1995, in               Action brought on 9 January 1995 by Christian
which it:                                                            Vahrenkamp against Council of the European Union and
                                                                              Commission of the European Communities
                                                                                              (Case T-l/95 )
1 . annuls the decision of the President of the Court of
    Justice of 27 May 1993 to appoint Mrs B. as reader of                                         95/C 54/33 )
    judgments and the decision, notified to the applicant by
    letter of 8 June 1 993, to reject her application for the                      (Language of the case: German)
    post of reader of judgments;
                                                                     An action against the Council of the European Union and
2. dismisses the remainder of the application;                       the Commission of the European Communities was brought
 ---pagebreak--- No C 54/18             EN                 Official Journal of the European Communities                                   4 . 3 . 95
before the Court of First Instance of the European                   — infringement of Articles 4 (4 ) and 2 ( 12 ) of the basic
Communities on 9 January 1995 by Christian Vahrenkamp,                   regulation and manifest error of assesment, in that the
Eggebek ( Federal Republic of Germany ), represented by Dr               Commission found that the product imported from
Lukanow, Rechtsanwalt, Euskirchen, with an address for                   China and Russia and the product manufactured in the
service in Luxembourg at the Chambers of Dupong &                        Community were alike,
Associés, 14a Rue des Bains.
                                                                     — infringement of Article 4 of the basic regulation and
The applicant claims that the Court should:                              manifest error of assessment, in that the Council found
                                                                         that the Community industry had suffered material
order the defendants to pay compensation to the applicant                injury,
for the period of five milk years from 1 April 1988 in the
amount of DM 30 705 plus 8 % interest with effect from               — infringement of Article 12 of the basic regulation and
2 November 1983 .                                                        manifest error of assessment, in that the Council
                                                                         concluded that the Community interest called for the
Pleas in law and main arguments                                          imposition of definitive measures,
The pleas in law and main arguments are similar to those in          — infringement of Article 190 of the Treaty, in that the
Case T-20/94 .                                                           Council failed to discharge its obligation to provide a
                                                                         statement of reasons with regard to the complaint of
                                                                         abuse of a dominant position lodged by the applicant
                                                                         with DG IV,
                                                                     — misuse of powers, in that the Commission was party to
Action brought on 9 January 1995 by Industrie des Poudres                the use of an anti-dumping procedure for
Sphériques (IPS ) against the Council of the European                    anti-competitive purposes.
                               Union
                          (Case T-2/95 )                             In the alternative, the applicant claims that the regulation
                                                                     should be declared unenforceable against it on the grounds
                           ( 95/C 54/34)                             of manifest error of appreciation, in that the Council
                                                                     imposed anti-dumping duties generally on all imports of
                (Language of the case: French)                       calcium metal originating in the People's Republic of China
                                                                     and Russia .
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 9 January 1995 by Industrie des Poudres
Sphériques (IPS), having its seat at Annemasse (France),
represented by Chantal Momège, of the Paris Bar, with an
address for service in Luxembourg at the Chambers of Alex            Action brought on 11 January 1995 by Hans-Theo
Schmitt, 62 Avenue Guillaume.                                        Wellmann against Council of the European Union and
                                                                             Commission of the European Communities
The applicant claims that the Court should:                                                 (Case T-3/95 )
— primarily, annul Regulation ( EEC) No 2257/94 of                                           ( 95/C 54/35 )
    19 October 1994,
                                                                                   (Language of the case: German)
— in the alternative, declare it unenforceable against
    IPS,
                                                                     An action against the Council of the European Union and
— order the Council to pay the costs.                                Commission of the European Communities was brought
                                                                     before the Court of First Instance of the European
                                                                     Communities on 11 January 1995 by Hans-Theo
Pleas in law and main arguments                                      Wellmann, Rees ( Federal Republic of Germany),
                                                                     represented by Bernd Meisterernst, Mechtild Düsing,
The applicant contends in support of its action that the             Dietrich Manstetten, Frank Schulze and Winfried
contested regulation should be annulled for the following            Haneklaus, Rechtsanwälte, Munster, with an address for
reasons :
                                                                     service in Luxembourg at the Chambers of Dupong &
                                                                     Associés, 14a Rue des Bains.
— infringement of the basic regulation, Council Regulation
    (EEC) No 2423/88 , and breach of the principle of legal
    certainty, in that, following the annulment of Regulation       The applicant claims that the Court should:
    No 2808/89 by the judgment of 11 June 1992, the
    Commission 'resumed the investigation',                          1 . order the defendants jointly to pay to the applicant
                                                                         SLOM III compensation for the period from 2 April
— infringement of Articles 7 and 8 of the abovementioned                 1984 to 29 July 1993 in the amount of DM 15 238,33
    basic regulation and of the applicant's rights to a fair             together with interest thereon at 8 % from 1 9 May 1992
    hearing,                                                             and jointly to pay the costs of the proceedings;