CELEX: C1998/299/56
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Fifth Chamber) of 16 July 1998 in Case T-219/96: Y. v. European Parliament (Officials - Article 88 of the Staff Regulations - Suspension - Deductions from remuneration - Pensions rights - Damages)

26.9.98               EN                Official Journal of the European Communities                                  C 299/33
Goupil, residing at Chevreuse (France), represented by                 1 January 1989, together with interest at the statutory
Jean-Pierre Spitzer, of the Paris Bar, with an address for             rate applicable in Belgium, to run from the date of the
service in Luxembourg at the Chambers of Aloyse May,                   first application for payment submitted by each of the
31 Grand-Rue v. the Commission of the European                         applicants respectively until payment is actually made;
Communities (Agents: Pieter Van Nuffel and Ami Barav)
Ð application pursuant to Articles 178 and 215, second             2. dismisses the remainder of the applicants' claims;
paragraph, of the EC Treaty, for compensation for damage
which the applicants purportedly suffered as a result of an        3. orders the Commission to pay the costs;
investigation conducted by the Commission, pursuant to
the 18th Commission Directive 95/34/EC of 10 July 1995             4. orders the Federal Republic of Germany to pay its
adapting to technical progress Annexes II, III, VI and VII             own costs.
to Council Directive 76/768/EEC on the approximation of
the laws of the Member States relating to cosmetic pro-            (1) OJ C 74, 8.3.1997 and OJ C 54, 22.2.1997.
ducts (2), into the use of psoralens in sun Ð creams and
bronzing Ð products Ð the Court of First Instance (Third
Chamber), composed of: V. Tiili, President, C. P. BrieÈt and
A. Potocki, Judges; B. Pastor, Principal Administrator, for
the Registrar, gave a judgment on 16 July 1998, in which
it:
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           (Fifth Chamber)
1. dismisses the application;
                                                                                           of 16 July 1998
2. orders the applicants to pay the costs.                               in Case T-219/96: Y. v. European Parliament (1)
                                                                   (Officials Ð Article 88 of the Staff Regulations Ð
(1) OJ C 54, 22.2.1997.
(2) OJ L 167, 18.7.1995, p. 19.                                    Suspension Ð Deductions from remuneration Ð Pensions
                                                                                        rights Ð Damages)
                                                                                            (98/C 299/56)
                                                                                   (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          In Case T-219/96: Y., a former official of the European
                        of 16 July 1998                            Parliament, residing in Brussels, represented during the
                                                                   written procedure by GeÂrard Collin and, at the hearing,
in Joined Cases T-202/96 and T-204/96: Andrea von                  by Claude Andries and Jacques Lombart, all of the
Löwis and Marta Alvarez-Cotera v. Commission of the                Brussels Bar, with an address for service in Luxembourg at
                  European Communities (1)                         Fiduciaire Myson SAÁRL, 30 rue de Cessange, against the
(Freelance conference interpreters Ð Lawfulness of levying         European Parliament (Agents: Hans Krück and Hugo
           Community tax on their remuneration)                    Vandenberghe) Ð application for, first, repayment of
                                                                   deductions from the salary of the applicant made between
                         (98/C 299/55)                             1 November 1993 and 19 January 1996 and, second, an
                                                                   order requiring the European Parliament to pay damages
               (Language of the case: English)                     amounting to BEF 3 million by way of provisional
                                                                   compensation for the harm arising from the infringement
In Joined Cases T-202/96 and T-204/96: Andrea von                  of the official's pension rights Ð the Court of First
Löwis and Marta Alvarez-Cotero, conference interpreters,           Instance (Fifth Chamber), composed of: J. Azizi, President,
of Geneva (Switzerland), represented by Gerard van der             R. García-Valdecasas and M. Jaeger, Judges; H. Jung,
Wal, advocate with the right of audience before the Hoge           Registrar, gave a judgment on 16 July 1998, the operative
Raad der Nederlanden and member of the Brussels Bar,               part of which is as follows:
having an address for service in Luxembourg at the
Chambers of Aloyse May, 31, Grand-Rue; the second                  1. Parliament shall repay to the applicant the deductions
applicant being supported by the Federal Republic of                   made from his remuneration between 1 November
Germany (Agent: Ernst Röder) v. the Commission of the                  1993 and 19 January 1996. That amount shall be paid
European Communities (Agent: Peter Oliver) Ð                           in addition to default interest at 8 % with effect from
application for the repayment of the Community tax                     5 March 1996;
deducted from the applicants' remuneration since
1 January 1989 Ð the Court (Third Chamber, extended                2. the remainder of the application is dismissed;
composition), composed of: V. Tiili, President, C. P. BrieÈt,
K. Lenaerts, A. Potocki and J. D. Cooke, Judges; A. Mair,          3. Parliament shall bear its own costs and one half of
Administrator, for the Registrar, has given a judgment on              those of the applicant. The applicant shall bear one
16 July 1998 in which it:                                              half of his own costs.
1. orders the Commission to repay to the applicants the            (1) OJ C 54, 22.2.1997.
    sums referred to as Community tax which it has
    unlawfully levied on their remuneration paid since