CELEX: C2001/028/11
Language: en
Date: 2001-01-27 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 November 2000 in Case C-207/99 P: Commission of the European Communities v Claudine Hamptaux (Appeal — Officials — Promotion — Consideration of comparative merits)

C 28/6                  EN                       Official Journal of the European Communities                                          27.1.2001
(Labour Court, Turin), Italy, for a preliminary ruling in the               — application for partial annulment of Commission Decision
proceedings pending before that court between Roberto Vitari                1999/187/EC of 3 February 1999 on the clearance of the
and European Training Foundation — on the interpretation of                 accounts presented by the Member States in respect of the
Article 79 of the Conditions of Employment of other Servants                expenditure for 1995 of the Guarantee Section of the European
of the European Communities — the Court, (Fifth Chamber),                   Agricultural Guidance and Guarantee Fund (OJ 1999 L 61,
composed of: A. La Pergola, President of the Chamber,                       p. 37) in so far as it excludes from Community financing
M. Wathelet (Rapporteur), D.A.O. Edward, P. Jann and                        expenditure of GBP 869 283 incurred in the United Kingdom
L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                under the scheme established by Commission Regulation (EEC)
R. Grass, Registrar, has given a judgment on 9 November                     No 1164/89 of 28 April 1989 laying down detailed rules
2000, in which it has ruled:                                                concerning the aid for fibre flax and hemp (OJ 1989 L 121,
                                                                            p. 4) — the Court (Fifth Chamber), composed of: D.A.O.
                                                                            Edward, acting as President of the Fifth Chamber, L. Sevón
On a proper construction of Article 79 of the Conditions of                 and P. Jann (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Employment of other Servants of the European Communities, that              Advocate General; L. Hewlett, Administrator, for the Registrar,
provision precludes the possibility for a Community institution to          has given a judgment on 9 November 2000, in which it:
conclude a fixed-term contract of employment with a member of its
local staff where that is contrary to its own rules applicable to the       1.    Annuls Commission Decision 1999/187/EC of 3 February
conditions of employment of local staff and drawn up in accordance                1999 on the clearance of the accounts presented by the Member
with the rules and practice of the State in which the duties are                  States in respect of the expenditure for 1995 of the Guarantee
performed. It is therefore for the national court to determine whether,           Section of the European Agricultural Guidance and Guarantee
in accordance with Article 3 of the rules governing the conditions of             Fund, in so far as it excludes from Community financing
employment of local staff serving in Italy adopted by the Commission,             expenses of GBP 869 283 incurred in the United Kingdom of
the circumstances surrounding the work, or the nature of that work,               Great Britain and Northern Ireland under the scheme estab-
made it necessary for the local-staff contract between the parties to             lished by Commission Regulation (EEC) No 1164/89 of
the main proceedings to be concluded for a fixed term. If not, it is for          28 April 1989 laying down detailed rules concerning the aid
the national court to convert that contract into a contract of                    for fibre flax and hemp;
employment for an indefinite period.
                                                                            2.    Orders the Commission of the European Communities to pay
                                                                                  the costs.
(1) OJ C 204 of 17.7.1999.
                                                                            (1) OJ C 188 of 3.7.1999.
                  JUDGMENT OF THE COURT
                                                                                               JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                              (Fifth Chamber)
                       of 9 November 2000                                                            of 9 November 2000
in Case C-148/99: United Kingdom of Great Britain                           in Case C-207/99 P: Commission of the European Com-
and Northern Ireland v Commission of the European                                           munities v Claudine Hamptaux (1)
                           Communities (1)
                                                                            (Appeal — Officials — Promotion — Consideration of
(EAGGF — Clearance of accounts — 1995 financial year                                                  comparative merits)
— Regulation (EEC) No 1164/89 — Aid for fibre flax and
                                 hemp)                                                                   (2001/C 28/11)
                            (2001/C 28/10)
                                                                                                  (Language of the case: French)
                    (Language of the case: English)                         (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-148/99: United Kingdom of Great Britain and
Northern Ireland (Agent: J.E. Collins, assisted by A. Sutton) v             In Case C-207/99 P: Commission of the European Communi-
Commission of the European Communities (Agent: P. Oliver)                   ties (Agents: C. Berardis-Kayser and F. Duvieusart-Clotuche and
 ---pagebreak--- 27.1.2001               EN                      Official Journal of the European Communities                                             C 28/7
D. Waelbroeck) APPEAL against the judgment of the Court of                 1.    Orders Hitesys SpA to repay to the Commission of the European
First Instance of the European Communities (Fourth Chamber)                      Communities the sum of EUR 132 500, together with default
of 25 March 1999 in Case T-76/98 Hamptaux v Commission                           interest calculated in accordance with the second subparagraph
[1999] ECR-SC I-A-59 and II-303, seeking to have that                            of Article 8(4) of the general conditions forming Annex II to
judgment set aside, the other party to the proceedings being                     Contract JOU2-CT93-0417 from 8 January 1994 until full
Claudine Hamptaux an official of the Commission of the                           payment of the debt;
European Communities, residing in Brussels (Belgium), rep-
resented by L. Vogel, of the Brussels Bar, with an address for             2.    Orders Hitesys SpA to pay the costs.
service in Luxembourg at the Chambers of C. Kremer, 6 Rue
Heinrich Heine — the Court (Fifth Chamber), composed of:
A. La Pergola, President of the Chamber, M. Wathelet (Rappor-              (1) OJ C 6 of 8.1.2000.
teur), D.A.O. Edward, P. Jann and L. Sevón, Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment
on 9 November 2000, in which it:
1.    Dismisses the appeal;
2.    Orders the Commission of the European Communities to pay
      the costs.
                                                                                             JUDGMENT OF THE COURT
(1) OJ C 246 of 28.8.1999.
                                                                                                      (First Chamber)
                                                                                                  of 14 November 2000
                                                                           in Case C-142/99 (reference for a preliminary ruling
                 JUDGMENT OF THE COURT                                     from the Tribunal de Première Instance de Tournai):
                                                                                 Floridienne SA, Berginvest SA v Belgian State (1)
                         (Third Chamber)
                                                                           (Sixth VAT Directive — Deduction of input tax — Undertak-
                       of 9 November 2000                                  ing subject to tax on only one part of its operations —
                                                                           Deductible proportion — Calculation — Holding company
in Case C-356/99: Commission of the European Communi-                      collecting share dividends and loan interest from its subsidi-
                       ties v Hitesys SpA (1)                                  aries — Involvement in management of subsidiaries)
(Arbitration clause — Non-performance of contract —                                                    (2001/C 28/13)
Recovery of moneys advanced — Procedure in default of
                              defence)
                                                                                                (Language of the case: French)
                          (2001/C 28/12)
                    (Language of the case: Italian)                        (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
(Provisional translation; the definitive translation will be published     In Case C-142/99: reference to the Court under Article 177 of
                   in the European Court Reports)                          the EC Treaty (now Article 234 EC) from the Tribunal de
                                                                           Première Instance (Court of First Instance), Tournai, Belgium,
In Case C-356/99: Commission of the European Communities                   for a preliminary ruling in the proceedings pending before that
(Agents: E. de March and A. Dal Ferro) v Hitesys SpA,                      court between Floridienne SA, Berginvest SA and Belgian State
established in Aprilia (Italy) — application by the Commission             — on the interpretation of Article 19 of the Sixth Council
of the European Communities under Article 238 EC to recover                Directive 77/388/EEC of 17 May 1977 on the harmonisation
moneys advanced in relation to Contract JOU2-CT93-0417,                    of the laws of the Member States relating to turnover taxes —
which was terminated by the applicant on the ground of the                 Common system of value added tax: uniform basis of assess-
defendant’s failure to perform its contractual obligations                 ment (OJ 1977 L 145, p. 1) — the Court (First Chamber),
— the Court (Third Chamber), composed of: C. Gulmann                       composed of: M. Wathelet, President of the Chamber, P. Jann
(Rapporteur), President of the Chamber, J.-P. Puissochet and               and L. Sevón (Rapporteur), Judges; N. Fennelly, Advocate
F. Macken, Judges; A. Saggio, Advocate General; R. Grass,                  General; H.A. Rühl, Principal Administrator, for the Registrar,
Registrar, has given a judgment on 9 November 2000, in                     has given a judgment on 14 November 2000, in which it has
which it:                                                                  ruled: