CELEX: C1998/113/32
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 February 1998 in Case T-142/96: Anne-Marie Toller v. Commission of the European Communities (Officials - Opinion of the Invalidity Committee - Incompetence - Decision ordering removal from post - Application for re-examination - Material new factor - Time-bar - Admissibility)

11.4.98               EN                 Official Journal of the European Communities                                 C 113/13
3. orders the applicants to bear all the costs.                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                         of 19 February 1998
(1) OJ C 386, 31.12.1994 and OJ C 137, 3.6.1995.                    in Case T-142/96: Anne-Marie Toller v. Commission of
                                                                                   the European Communities (1)
                                                                    (Officials Ð Opinion of the Invalidity Committee Ð
                                                                    Incompetence Ð Decision ordering removal from post Ð
                                                                    Application for re-examination Ð Material new factor Ð
                                                                                     Time-bar Ð Admissibility)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                                   (98/C 113/32)
                     of 19 February 1998
                                                                                   (Language of the case: French)
in Case T-42/96: Eyckeler & Malt AG v. Commission of
                the European Communities (1)
                                                                    In Case T-142/96: Anne-Marie Toller, a former official of
(Action for annulment Ð Importation of high-quality beef            the Commission of the European Communities, residing in
(Hilton beef') Ð Regulation (EEC) No 1430/79 Ð                     Brussels, represented by Benoît Lombart, Eric Boigelot and
Article 13 Ð Commission decision refusing remission of              Daniel Crucq, of the Brussels Bar, with an address for
import duties Ð Rights of the defence Ð Manifest error              service in Luxembourg at the Chambers of Louis Schiltz, 2
                        of assessment)                              rue du Fort Rheinsheim, v. Commission of the European
                                                                    Communities (Agents: Julian Currall and Christine
                         (98/C 113/31)                              Berardis-Kayser) Ð application for annulment of the
                                                                    Commission's decision refusing to re-examine the decision
                                                                    of 1 July 1993 removing the applicant from her post for
               (Language of the case: German)                       incompetence Ð the Court of First Instance (Fourth
                                                                    Chamber), composed of: P. Lindh, President, and K.
                                                                    Lenaerts and J. D. Cooke, Judges; A. Mair, Administrator,
In Case T-42/96: Eyckeler & Malt AG, established in                 for the Registrar, has given a judgment on 19 February
                                                                    1998, in which it:
Hilden (Germany), represented by Dietrich Ehle and
Volker Schiller, Rechtsanwälte, Cologne, with an address
for service in Luxembourg at the Chambers of Marc                   1. dismisses the application as inadmissible,
Lucius, 6 rue Michel Welter, supported by United
Kingdom of Great Britain and Northern Ireland (Agents:
initially Stephanie Ridley, subsequently John Collins and           2. orders the parties to bear their own costs.
David Anderson) against Commission of the European
Communities (Agent: Götz zur Hausen) Ð application for              (1) OJ C 318, 26.10.1996.
annulment of the Commission Decision of 20 December
1995 (K(95) 3391 final) addressed to the Federal Republic
of Germany and concerning an application for remission
of import duties Ð the Court of First Instance (First
Chamber), composed of: A. Saggio, President, B.
Vesterdorf and R. M. Moura Ramos, Judges; J. Palacio
GonzaÂlez, Administrator, for the Registrar, has given a              JUDGMENT OF THE COURT OF FIRST INSTANCE
judgment on 19 February 1998, in which it:                                               of 19 February 1998
                                                                    in Case T-169/96: Jean-Pierre Pierard v. Commission of
                                                                                   the European Communities (1)
1. annuls the Commission's Decision of 20 December
     1995 addressed to the Federal Republic of Germany              (Representation of officials and servants of the
     and concerning an application for remission of import          Commission on administrative bodies and on organs set
     duties,                                                        up under the Staff Regulations Ð Staff assigned to posts
                                                                       outside the European Union Ð No need to adjudicate)
                                                                                            (98/C 113/33)
2. orders the Commission to pay the costs,
                                                                                   (Language of the case: French)
3. orders the United Kingdom of Great Britain and
     Northern Ireland to bear its own costs.                        In Case T-169/96: Jean-Pierre Pierard, an official of the
                                                                    Commission of the European Communities, represented
                                                                    by Nicolas LhoeÈst, of the Brussels Bar, with an address for
(1) OJ C 180, 22.6.1996.                                            service in Luxembourg at the office of Fiduciaire Myson
                                                                    SARL, 30 rue de Cessange, v. Commission of the
                                                                    European Communities (Agents: Gianluigi Valsesia and
                                                                    Christine Berardis-Kayser) Ð application for annulment of