CELEX: C1998/094/61
Language: en
Date: 1998-03-28 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE (Third Chamber) of 14 January 1998 in Case T-30/97: Juana de la Cruz Vela Palacios v. Economic and Social Committee of the European Communities (Officials - Action for annulment and for damages - Time-limit for bringing an action - Inadmissible)

28.3.98              EN                 Official Journal of the European Communities                                    C 94/23
2. orders the Economic and Social Committee to pay all             Bahnhofstraûe 43c, Konz (Germany), represented by Theo
    of the costs.                                                  Baltes and Bernward Wittschier, Rechtsanwälte, of Trier,
                                                                   with an address for service in Luxembourg at the
(1) OJ C 54, 22.2.1997.                                            Chambers of ReneÂ Weber, 3 Rue de la Loge, v. Court of
                                                                   Justice of the European Communities (Agents: Timothy
                                                                   Millett and Bernd Zimmermann), supported by Council of
                                                                   the European Union (Agents: Diego Canga Fano and
                                                                   Martin Bauer) Ð application, first, for annulment of the
                                                                   decision of the Complaints Committee of the Court of
                                                                   Justice of 1 July 1996, second, for the recalculation and
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          definitive determination of the applicant's pension for the
                     of 3 February 1998                            period from 1 July 1991 to 30 June 1994 on the basis of
                                                                   the weightings for Berlin fixed annually by the Council,
in Case T-68/96: Dimitrios Polyvios v. Commission of the           and, thirdly and in the alternative, for the designation of a
                  European Communities (1)                         date in the near future when that calculation and
(Fisheries Ð Community financial assistance for projects           determination are to take place Ð the Court of First
by joint enterprises Ð Regulation No 4028/86 Ð Extra-              Instance (Third Chamber), composed of: V. Tiili,
      contractual liability Ð Manifest inadmissibility)            President, and C. P. BrieÈt and A. Potocki, Judges; H. Jung,
                                                                   Registrar, has given a judgment on 20 January 1998, in
                         (98/C 94/59)                              which it:
                (Language of the case: Greek)
                                                                   1. dismisses the application as manifestly inadmissible;
In Case T-68/96: Dimitrios Polyvios, residing at Piraeus
(Greece), represented by Vassilios Zangas, of the Athens           2. orders the parties to bear their own costs.
Bar, with an address for service in Luxembourg at the
Chambers of Catherine Thill-Kamitaki, 15 Avenue du                 (1) OJ C 370, 7.12.1996.
Bois, v. Commission of the European Communities
(Agents: Maria Condou Durande and Hubertus van Vliet)
Ð application for compensation for the material damage
allegedly suffered by the applicant as a result of the
negligence of the Commission on the adoption of a
decision approving an application for financial aid for the
formation of a joint enterprise in Senegal Ð the Court of               ORDER OF THE COURT OF FIRST INSTANCE
First Instance (Fourth Chamber), composed of: P. Lindh,                                  (Third Chamber)
President, and K. Lenaerts and J. D. Cooke, Judges; H.
Jung, Registrar, has given a judgment on 3 February 1998,                               of 14 January 1998
in which it:                                                       in Case T-30/97: Juana de la Cruz Vela Palacios v.
                                                                         Economic and Social Committee of the European
1. dismisses the application as manifestly inadmissible;                                  Communities (1)
                                                                   (Officials Ð Action for annulment and for damages Ð
2. orders the applicant to pay the costs.                                Time-limit for bringing an action Ð Inadmissible)
                                                                                            (98/C 94/61)
(1) OJ C 210, 20.7.1996.
                                                                                  (Language of the case: Spanish)
                                                                   In Case T-30/97: Juana de la Cruz Vela Palacios, former
                                                                   official of the Economic and Social Committee of the
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          European Communities, residing in Brussels, represented
                                                                   by Jaime Creus, of the Barcelona Bar, with an address for
                     of 20 January 1998                            service at 377 C/ Consell de Cent, Barcelona, against
in Case T-160/96: Max Kögler v. Court of Justice of the            Economic and Social Committee of the European
                  European Communities (1)                         Communities (Agent: Moises Bermejo Garde) Ð
                                                                   application for the annulment of, first, a decision
(Officials Ð Pension Ð Weighting Ð Change of capital of            imposing on the applicant the disciplinary measure of
           a Member State Ð Retroactive effect)                    relegation in step and, secondly, a decision to reduce her
                         (98/C 94/60)                              annual leave and a claim for compensation for the non-
                                                                   material damage allegedly suffered by the applicant as a
                                                                   result of those measures Ð the Court of First Instance
               (Language of the case: German)
                                                                   (Third Chamber), composed of V. Tiili, President, C. P.
                                                                   BrieÈt and A. Potocki, Judges; H. Jung, Registrar, made an
In Case T-160/96: Max Kögler, a former official of the             order on 14 January 1998, the operative part of which is
Court of Justice of the European Communities, residing at          as follows:
 ---pagebreak--- C 94/24              EN                 Official Journal of the European Communities                                     28.3.98
1. The action is dismissed as inadmissible.                        an address for service in Luxembourg at the Chambers of
                                                                   Farida Chorfi, 8 Rue des Girondins.
2. The applicant shall bear the entire costs.
                                                                   The applicant claims that the Court should:
(1) OJ C 142, 10.5.1997.
                                                                   Ð annul the Commission's decision of unknown date
                                                                        awarding the contract to train the Commission's
                                                                        drivers to the Jesco Auto Training School,
Action brought on 19 November 1997 by Elta GmbH
                                                                   Ð annul the rejection implied thereby of the applicant's
   against the Commission of the European Communities
                                                                        tender.
                      (Case T-293/97)
                         (98/C 94/62)
                                                                   Pleas in law and main arguments adduced in support:
               (Language of the case: German)
                                                                   The applicant states that it submitted a tender on
An action against the Commission of the European                   14 October 1996 in response to the call for tenders No 95/
Communities was lodged at the Registry of the Court of             22/IXC1 (OJ C 142, 14.5.1996, p. 31) for the conclusion
Justice on 19 November 1997 by Elta GmbH, whose                    of a framework contract for the provision of training
registered office is at Dreiech (Federal Republic of               services intended for the Commission's drivers, by letter of
Germany); pursuant to the first paragraph of Article 47 of         7 December 1997 it was informed by the Commission that
the EC Statute of the Court of Justice it was transmitted          its tender had not been successful. According to its
to the Registry of the Court of First Instance. The                information, the contract was awarded to Jesco Auto
applicant is represented by Günther Breit, Rechtsanwalt,           Training School, which had already obtained a similar
with an address for service at 33 Mercatorstraûe,                  contract with the Commission as from 1992.
Frankfurt am Main.
                                                                   The applicant maintains that the procedure for awarding
The applicant claims that the Court should:                        the public contract was not in conformity with the
                                                                   applicable rules, in particular Articles 50 to 58 of the
Ð annul Commission Decision of 19 February 1997,                   Commission's financial Regulation of 21 December 1977
    addressed to the Federal Republic of Germany, holding          applicable to the general budget of the European
    the remission of import duties amounting to DEM                Communities, Articles 126 to 129 of the Commission's
    113 875, 49 owed by the applicant to be unjustified            Financial Regulation of 9 December 1993 laying down
                                                                   detailed rules for the implementation of certain provisions
                                                                   of the Financial Regulation and Council Directive 92/50/
Pleas in law and main arguments adduced in support:                EEC of 18 June 1992 relating to the coordination of
                                                                   procedures for the award of public contracts.
The pleas in law and the main arguments are analogous to
those relied on in Cases T-186/97, T-187/97, T-190/97,
T-191/97, T-192/97, T-210/97, T-211/97, T-216/97, T-217/           It claims in this regard that:
97, T-218/97 (1), T-279/97 and T-280/97.
                                                                   Ð the Commission awarded the public contract in the
(1) OJ C 318, 18.10.1997, pp. 17 to 25.
                                                                        belief that it was in the framework of a closed
                                                                        procedure whereas the call for tenders, as
                                                                        communicated to the tenderers, was undeniably open
                                                                        and did not entail any pre-selection of tenders,
Action brought on 5 December 1997 by AZ Com SA                     Ð the opinion of the Advisory Committee for Public
   against the Commission of the European Communities                   Contracts did not appear to have been sought,
                                                                        although the value of the contract exceeded the
                      (Case T-302/97)
                                                                        threshold beyond which that opinion must be sought,
                         (98/C 94/63)
                                                                   Ð the matching of tenders had not been carried out
                (Language of the case: French)
                                                                        lawfully,
An action against the Commission of the European
Communities was brought before the Court of First                  Ð it had not been notified of any reasoned decision for
Instance of the European Communities on 5 December                      the award of the public contract, from which it
1997 by AZ Com SA, established in Luxembourg,                           follows that the statement of reasons for the decision
represented by Luc Van Damme, of the Brussels Bar, with                 to award the contract was inadequate,