CELEX: C1996/031/42
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 December 1995 in Case T-109/94: Windpark Groothusen GmbH & Co. Betriebs KG v. Commission of the European Communities (Financial support in the energy sector - Thermie programme - Obligation to state reasons - Opinion of the committee - Right to a hearing - Discretion)

No C 31 / 18            EN                    Official Journal of the European Communities                                       3 . 2 . 96
2 . orders the applicants to pay the costs.                              Commission's decision of 13 January 1994 refusing the
                                                                         applicant financial support under the 1993 Thermie
t 1 ) OJ No C 172 , 23 . 6 . 1993 and OJ No C 209 , 3 . 8 . 1993 .       programme and for a direction to the Council to take a new
                                                                         decision — the Court of First Instance ( First Chamber),
                                                                         composed of H. Kirschner, acting as President,
                                                                         A. Kalogeropoulos and V. Tiili, Judges; J. Palacio Gonzalez,
                                                                         Administrator, for the Registrar, has given a judgment on
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 13 December 1995 , in which it :
                         ( Third Chamber)                                1 . dismisses the action ;
                     of 13 December 1995
                                                                         2 . orders the applicant to pay the costs.
in Case T-85/94 ( 122 ): Commission of the European
           Communities v. Eugénio Branco Lda ( 1 )                       (') OJ No C 146 , 28 . 5 . 1994 .
(European Social Fund — Reduction in financial assistance
initially granted — Statement of reasons — Proceedings
         seeking to have a default judgment set aside)
                             ( 96/C 31 /41
                                                                          JUDGMENT OF THE COURT OF FIRST INSTANCE
              (Language of the case: Portuguese)                                                 of 14 December 1995
                                                                         in Case T-72/94 : Komninos Diamantaras v. Commission of
In Case T-85/94 ( 122 ): Commission of the European                                         the European Communities ( 1 )
Communities ( Agents : Francisco de Sousa Fialho and
Horstpeter Kreppel ) v. Eugenio Branco Lda , having its                  (Officials — Expatriation allowance — No habitual
registered office in Lisbon, represented by Bolota Belchior,             residence in the State in which the official is employed —
of the Bar of Vila Nova de Gaia , with an address for service            Article 4 (1) of Annex VII to the Staff Regulations of
in Luxembourg at the Chambers of Jacques Schroeder,                                                      officials)
6 Rue Heine — application for the setting aside of the                                                ( 96/C 31 /43 )
judgment given by default by the Court of First Instance on
12 January 1995 in Case T-85/94 Branco v. Commission                                         (Language of the case: Greek)
[ 1995 ] ECR 11-45 — the Court of First Instance (Third
Chamber ), composed of C. P. Briët, acting as President,                 In Case T-72/94 : Komninos Diamantaras, an official of the
C. W. Bellamy and J. Azizi, Judges; H. Jung, Registrar, has              Commission of the European Communities, residing in
given a judgment on 13 December 1995 , in which it:                      Brussels, represented by Athanassios D. Damis and Nikos
                                                                         E. Stavropoulos, of the Athens Bar, with an address for
 1 . dismisses the Commission 's application to have the                 service in Luxembourg, care of Emmanuel Kaïlis, 14 Rue
      judgment of 12 January 1995 set aside;                             Julien Vasque, Gasperich, v. Commission of the European
                                                                         Communities ( Agent: Dimitrios Gouloussis ) — application,
2 . orders the Commission to pay the costs.                              first, for the annulment of the decision of the Commission,
                                                                         communicated to the applicant by administrative note dated
f 1 ) OJ No C 120, 30 . 4 . 1994 .                                       22 February 1993 , refusing him the expatriation allowance,
                                                                         and, second, for an order requiring the Commission to pay
                                                                         the said allowance from the date of the applicant's entry into
                                                                         the service of the Commission — the Court of First Instance
                                                                         ( Fourth Chamber ), composed of K. Lenaerts, President, and
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 R. Schintgen and P. Lindh, Judges; J. Palacio Gonzalez,
                     of 13 December 1995                                 Registrar, has given a judgment on 14 December 1995 , in
                                                                         which it :
in Case T-109/94: Windpark Groothusen GmbH & Co.
Betriebs KG v. Commission of the European                                 1 . annuls the decision of the Commission, communicated
                           Communities C )                                      by note of 22 February 1 993 , refusing the applicant the
 (Financial support in the energy sector — Thermie                              expatriation allowance;
programme — Obligation to state reasons — Opinion ofthe
        committee — Right to a hearing — Discretion)                     2 . orders the Commission to pay to the applicant the sums
                                                                                corresponding to that allowance from 1 November
                              { 96/C 31 /42 )
                                                                                1 992 , less the payments already made to him by way of
                                                                                expatriation allowance, together with default interest at
                (Language of the case: German)                                  the annual rate of 8% from the dates when those sums
                                                                                respectively fell due until actual payment thereof;
 In Case T-109/94 : Windpark Groothusen GmbH & Co .
 Betriebs KG, established at Groothusen-Krummhörn                         3 . orders the Commission to pay all of the costs.
 ( Germany ), represented by Professor Detlef Schumacher,
 Bremen, and Benno Grunewald, Rechtsanwalt, Bremen v.                     f 1 ) OJ No C 132 , 14 . 5 . 1994 .
 Commission of the European Communities ( Agent: Jürgen
 Grunwald ) — application for annulment of the