CELEX: C1999/352/62
Language: en
Date: 1999-12-04 00:00:00
Title: Judgment of the Court of First Instance of 7 October 1999 in Case T-119/98: André Hecq v Commission of the European Communities (Officials - Mission expenses - Calculation of daily subsistance allowance - Duration of the mission - Journey in private car)

C 352/34                 EN                    Official Journal of the European Communities                                    4.12.1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 7 October 1999
                         of 14 October 1999
                                                                          in Case T-42/98: Maria Paola Sabbatucci v European
                                                                                                    Parliament (1)
in Case T-309/27: The Bavarian Lager Company Ltd v                        (Officials — Application for annulment of decisions of the
        Commission of the European Communities (1)                        Committee of Tellers — Interpretation of the electoral rules
                                                                          of the European Parliament — Exclusion of the applicant
                                                                                 from the persons elected to the Staff Committee)
(Transparency — Access to information — Commission
Decision 94/90/ECSC, EC, Euratom on public access to                                              (1999/C 352/61)
Commission documents — Scope of the exception relating to
protection of the public interest — Draft reasoned opinion
  under Article 169 of the EC Treaty (now Article 226 EC))                                   (Language of the case: Italian)
                                                                          In Case T-42/98: Maria Paola Sabbatucci, an official at the
                                                                          European Parliament, residing in Luxembourg, represented by
                           (1999/C 352/60)                                Alberto Dal Ferro and Andrea Cevese, of the Vicenza Bar,
                                                                          Chambers of Morresi Law Office, 67 Avenue des Nerviens,
                                                                          Brussels, against European Parliament (Agents: Antonio Caiola
                                                                          and Evelyn Waldherr) — application for annulment of the
                                                                          decisions of the Committee of Tellers of 27 January and
                    (Language of the case: English)                       17 February 1998 in so far as she was excluded from the
                                                                          persons elected to the Staff Committee — the Court of First
                                                                          Instance (Third Chamber), composed of K. Lenaerts, acting on
                                                                          behalf of the President, V. Tiili and J. Azizi, Judges; A. Mair,
In Case T-309/97 The Bavarian Lager Company Ltd, whose                    Administrator, for the Registrar, has given a judgment on
registered office is in Lancashire, United Kingdom, represented           7 October 1999, in which it:
by Stephen Hornsby, Solicitor, with an address for service in
Luxembourg at the Chambers of André Marc, 36-58 Rue                       1. Dismisses the application.
Charles Martel v Commission of the European Communities
(Agents: Carmel O’Reilly and Ulrich Wölker and, at the                    2. Orders each party to bear its own costs.
hearing, Xavier Lewis), supported by United Kingdom of Great
Britain and Northern Ireland, (Agents: John Collins and, at the           (1) OJ C 137 of 2.5.1998.
hearing, Jessica Simor) — application for the annulment of a
Commission decision of 18 September 1997 refusing the
applicant access to a draft reasoned opinion drawn up by
the Commission under Article 169 of the EC Treaty (now
Article 226 EC) — the Court (Fourth Chamber), composed of:
R.M. Moura Ramos, President, V. Tiili and P. Mengozzi, Judges;
B. Pastor, Principal Administrator, for the Registrar, has given
a judgment on 14 October 1999, in which it:                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 7 October 1999
1. Dismisses the application;
                                                                          in Case T-119/98: André Hecq v Commission of the
                                                                                            European Communities (1)
2. Orders the applicant to bear, in addition to its own costs, those
     of the defendant;
                                                                          (Officials — Mission expenses — Calculation of daily
                                                                          subsistance allowance — Duration of the mission — Journey
3. Orders the United Kingdom of Great Britain and Northern                                          in private car)
     Ireland to bear its own costs.
                                                                                                  (1999/C 352/62)
(1) OJ C 55 of 20.2.1998.                                                                    (Language of the case: French)
                                                                          In Case T-119/98: André Hecq, an official of the Commission
                                                                          of the European Communities, residing in Bonlez (Belgium)
                                                                          represented by Lucas Vogel, of the Brussels Bar, with an
                                                                          address for service in Luxembourg at the Chambers of Christian
                                                                          Kremer, 6 Rue Heinrich Heine, against Commission of the
 ---pagebreak--- 4.12.1999               EN                     Official Journal of the European Communities                                            C 352/35
European Communities (Agents: Florence Duvieusart-Clotuche                   Sugar v Commission[1999] ECR II-0000, and in accordance
and Christine Berardis-Kayser) — application for annulment                   with the first paragraph of the operative part therof, operation of
of the decision of the Commission of 17 October 1997                         Article 108b of Council Decision 91/482/EEC of 25 July 1991
relating to the reimbursement of expenses incurred by the                    on the association of the overseas countries and territories with
applicant during a mission to Ispra, Italy, from 16 September                the European Community, of Commission Regulation (EC) No
1997 to 20 September 1997 — the Court of First Instance                      2553/97 of 17 December 1997 on rules for issuing import
(Fourth Chamber), composed of R.M. Moura Ramos, President,                   licences for certain products covered by CN codes 1701, 1702,
V. Tiili and P. Mengozzi, Judges; H. Jung, Registrar, gave a                 1703 and 1704 and qualifying as ACP/OCT originating
judgment on 7 October 1999, in which it:                                     products and of the Commission Decision of 23 December 1997
                                                                             (VI/51329) is suspended with respect to Emesa Sugar (Free
1. Dismisses the application.                                                Zone) NV.
2. Orders the parties to bear their own costs.
                                                                          2. Emesa Sugar (Free Zone) NV is authorised to import into the
                                                                             Community milled sugar originating in the overseas countries
(1) OJ 1998 C 312.                                                           and territories (OCT), within the meaning of Article 6 of Annex
                                                                             II to Decision 91/482 and, in accordance with the conditions
                                                                             set out in the version of that Decision which remained in force
                                                                             until 30 November 1997, subject to the following conditions
                                                                             and restrictions:
                                                                             — the imports hereby authorised are subject to the provisions of
                                                                                  Decision 91/482 applicable before the entry into force
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                      of Council Decision 97/803/EC of 24 November 1997
                            INSTANCE                                              amending at mid-term Decision 91/482 and, in particular,
                                                                                  to the obligation to obtain an import licence in accordance
                                                                                  with Article 5(1) of Commission Regulation (EEC)
                      of 29 September 1999                                        No 3719/88 of 16 November 1988 laying down common
                                                                                  detailed rules for the application of the system of import and
                                                                                  export licences and advance fixing certificates for agricultural
in Case T-44/98 R II: Emesa Sugar (Free Zone) NV v
                                                                                  products, to the obligation to obtain an EUR-I certificate
        Commission of the European Communities                                    and to lodge security of 3 euro/tonne, which will be released
                                                                                  if importation is effected in conformity with the import
(Association regime for overseas countries and territories —                      licence;
Decisions 91/482/EEC and 97/803/EC — Regulation (EC)
No 2553/97 — Proceedings for interim measures — Exten-
                     sion of interim measures)                               — the maximum volume authorised for importation is 7 500
                                                                                  tonnes for the period between 31 October 1999 and
                                                                                  29 February 2000; after 29 February 2000, Emesa Sugar
                          (1999/C 352/63)                                         (Free Zone) NV may continue to import to the Community
                                                                                  sugar delivered to it free on board (FOB) before that date,
                                                                                  provided that the volume imported does not exceed the ceiling
                    (Language of the case: Dutch)                                 of 7 500 tonnes and that importation is conducted in
                                                                                  accordance with the conditions herein set out;
In Case T-44/98 R II: Emesa Sugar (Free Zone) NV, established
at Oranjestad, Aruba, represented by Gerard van der Wal,                     — OCT originating sugar imported into the Community must
Advocate with a right of audience before the Hoge Raad der                        be sold at a price which is at least equal to the intervention
Nederlanden, with an address for service in Luxembourg at the                     price referred to in Article 3(1)(a) of Council Regulation
Chambers of Aloyse May, 31 Grand-Rue, supported by the                            (EEC) No 1785/81 of 30 June 1981 on the common
Government of Aruba, represented by Pierre V.F. Bos and                           organisation of the markets in the sugar sector;
Marco M. Slotboom, of the Rotterdam Bar, with an address for
service in Luxembourg at the Chambers of Loesch & Wolter,
11 Rue Goethe, against Commission of the European Com-                       — Emesa Sugar (Free Zone) NV may import into the Com-
munities (Agent: Thomas van Rijn), supported by the Council                       munity OCT originating sugar, provided that it lodges
of the European Union (Agents: Jürgen Huber and Guus                              security in the form of a bank guarantee in the amount of
Houttuin), the Kingdom of Spain (Agent: Mónica López-Monis                      USD 28 per tonne of the volume of sugar which it wishes to
Gallego) and the French Republic (Agent: Claude Chavance) —                       import in conformity with the present Order; the security
application for extension of the interim relief granted to the                    must be lodged no later than the day on which the sugar is
applicant by the President of the Court of First Instance in his                  declared to the customs authorities and it must cover the
Order of 30 April 1999 in Case T-44/98 R II Emesa Sugar v                         tonnage which enters customs at that time; the amount to be
Commission [1999] ECR II-0000 — the President of the Court                        lodged by way of security per tonne of sugar will be increased
of First Instance made an order on 29 September 1999, the                         or reduced in the light of:
operative part of which is as follows:
1. On the grounds set out in the Order of the President of the Court              — any rise or fall in the intervention price referred to in
    of First Instance of 30 April 1999 in Case T-44/98 R II Emesa                      Article 3(1)(a) of Regulation No 1785/81;