CELEX: C1998/327/37
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 September 1998 in Case T-50/96: Primex Produkte Import-Export GmbH & Co. KG and Others v Commission of the European Communities (Action for annulment - Importation of high-quality beef ('Hilton beef') - Regulation (EEC) No 1430/79 - Article 13 - Commission decision refusing remission of import duties - Rights of the defence - Manifest error of assessment)

24.10.98              EN                 Official Journal of the European Communities                                C 327/21
Gianluigi Valsesia), supported by the Council of the                A. Kalogeropoulos, President of the Chamber, and C. W.
European Union (Agents: initially Yves Cretien, Antonio             Bellamy and J. Pirrung, Judges; H. Jung, Registrar, has
Lucidi and Diego Canga Fano, then only Antonio Lucidi               given a judgment on 15 September 1998 a judgment in
and Diego Canga Fano) Ð application, first, for a                   which it:
declaration ordering the Commission to pay the additional
remuneration resulting from the application of the
weighting for Germany calculated on the basis of the cost           1. Dismisses the application;
of living in Berlin for the period from 1 October 1990 to
31 December 1994, as regards the proportion transferred
in German marks, with interest at the rate of 10 % per
                                                                    2. Orders the parties, and the Council, to bear their own
annum and, second, in so far as is necessary, the
                                                                        costs.
annulment of the Commission's decision of 9 March 1995
rejecting the applicants' requests for the payment of that
additional remuneration Ð the Court of First Instance               (1) OJ C 133, 4.5.1996.
(Third Chamber), composed of B. Vesterdorf, President,
and C. P. BrieÈt and A. Potocki, Judges; H. Jung, Registrar,
has given a judgment on 15 September 1998 in which it:
1. Dismisses the application;
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 17 September 1998
2. Orders each party to bear its own costs.
                                                                    in Case T-50/96: Primex Produkte Import-Export GmbH
                                                                    & Co. KG and Others v Commission of the European
(1) OJ C 64, 2.3.1996.                                                                      Communities (1)
                                                                    (Action for annulment Ð Importation of high-quality beef
                                                                    (Hilton beef') Ð Regulation (EEC) No 1430/79 Ð
                                                                    Article 13 Ð Commission decision refusing remission of
                                                                    import duties Ð Rights of the defence Ð Manifest error
                                                                                             of assessment)
                                                                                             (98/C 327/37)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 15 September 1998
                                                                                   (Language of the case: German)
      in Case T-23/96 Elsa De Persio v Commission (1)
(Official Ð Reassignment Ð Request for transfer from the
Language Service to Category A Ð Removal of barriers to             In Case T-50/96: Primex Produkte Import-Export GmbH
                        such transfers)                             & Co. KG, established in Bad Homburg (Germany), Gebr.
                                                                    Kruse GmbH, established in Hamburg (Germany),
                        (98/C 327/36)                               Interporc Im- und Export GmbH, established in Hamburg,
                                                                    represented by Georg M. Berrisch, Rechtsanwalt,
                                                                    Hamburg and Brussels, with an address for service in
                                                                    Luxembourg at the Chambers of Guy Harles, 8Ð10 Rue
                (Language of the case: Italian)                     Mathias Hardt, supported by United Kingdom of Great
                                                                    Britain and Northern Ireland (Agents: initially Stephanie
                                                                    Ridley and subsequently John E. Collins and David
In Case T-23/96 Elsa de Persio, an official of the                  Anderson), against Commission of the European
Commission of the European Communities, residing in                 Communities (Agent: Götz zur Hausen) Ð application for
Brussels, represented by Giovanni Petroni and Franco                annulment of the Commission decision of 26 January
Giampietro, of the Rome Bar, and VeÂronique Laurent, of             1996 (Document K(96) 180 final) addressed to the Federal
the Brussels Bar, with an address for service in                    Republic of Germany and concerning the remission of
Luxembourg at the Chambers of Gilles Bouneau, 15                    import duties Ð the Court of First Instance (First
Avenue du Bois, against Commission of the European                  Chamber), composed of: B. Vesterdorf, President, R. M.
Communities (Agent: Gianluigi Valsesia), supported by               Moura Ramos and P. Mengozzi, Judges; A. Mair,
Council of the European Union (Agents: Diego Canga                  Administrator, for the Registrar, has given a judgment on
Fano and Paolo Cossu) Ð application for annulment of                17 September 1998, in which it:
the Commission's decision refusing to grant her request to
be placed in Category A, annulment of the Commission's
decision of 22 December 1995 reassigning the applicant to           1. Annuls the Commission's decision of 26 January 1996
that institution's Translation Service and, last, an order              addressed to the Federal Republic of Germany and
that the Commission should pay her damages Ð the                        concerning an application for remission of import
Court of First Instance (Second Chamber), composed of                   duties;
 ---pagebreak--- C 327/22             EN                  Official Journal of the European Communities                                24.10.98
2. Orders the Commission to pay the costs;                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 15 September 1998
3. Orders the United Kingdom of Great Britain and                   in Case T-94/96: Martin Hagleitner v Commission of the
     Northern Ireland to bear its own costs.                                          European Communities (1)
                                                                    (Officials Ð Open competition Ð Selection board Ð
(1) OJ C 180, 22.6.1996.                                                          Examiners Ð Correction of tests)
                                                                                             (98/C 327/39)
                                                                                   (Language of the case: German)
                                                                    In Case T-94/96: Martin Hagleitner, residing in Vienna,
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                    represented by Harald Svoboda, of the Vienna Bar, with
                    of 15 September 1998                            an address for service in Luxembourg at the Chambers of
                                                                    Maître Alex Schmitt, 62 Avenue Guillaume, against
in Case T-54/96: Oleifici Italiani SpA and Fratelli Rubino          Commission of the European Communities (Agents: Julian
Industrie Olearie SpA v Commission of the European                  Currall and Bertrand Wägenbaur) Ð application for
                       Communities (1)                              annulment of the measures adopted by the Commission in
(Agriculture Ð Financing of intervention measures Ð                 the context of Competition COM/A/904 or, at the very
Suspension of all payment due for storage of a                      least, the decision of the Selection Board in that
consignment of olive oil pending verification of its                competition not to admit the applicant to the oral tests Ð
 characteristics Ð Action for annulment and for damages)            the Court of First Instance (Second Chamber), composed
                                                                    of A. Kalogeropoulos, President, and C. W. Bellamy and J.
                        (98/C 327/38)                               Pirrung, Judges; J. Palacio GonzaÂlez, Administrator, for
                                                                    the Registrar, has given a judgment on 15 September 1998
                                                                    in which it:
                (Language of the case: Italian)
                                                                    1. Annuls the decision of the Commission contained in
In Case T-54/96: Oleifici Italiani SpA, established at                  Mr Liikanen's letter of 18 September 1995 rejecting
Ostuni, Italy, Fratelli Rubino Industrie Olearie SpA,                   the applicant's request of 7 August 1995 for
established at Bari, Italy, represented by Antonio Tizzano,             verification and an enquiry as regards the proper
Gian Michele Roberti and Francesco Sciaudone, of the                    conduct of the assessment procedure and the results of
Naples Bar, 36 Place du Grand Sablon, Brussels, against                 Competition COM/A/904;
Commission of the European Communities (Agents:
Eugenio de March and Alberto Dal Ferro) Ð application,              2. Dismisses the remainder of the application;
first, for annulment of the letter of 7 February 1996 from
the Commission to inter alia the Italian authorities and
the Azienda di Stato per gli Interventi nel Mercato                 3. Orders the Commission to pay the costs.
Agricolo, the Italian intervention agency, allegedly
ordering the blocking of any payment due for the storage            (1) OJ C 247, 24.8.1996.
of olive oil for the 1991/1992 and 1992/1993 marketing
years, pending verification of its wax content, and,
second, for compensation for the damage allegedly
suffered by the applicants as a result of the Commission's
conduct Ð the Court of First Instance (Second Chamber),
composed of: A. Kalogeropoulos, President, C. W. Bellamy
and J. Pirrung, Judges; J. Palacio GonzaÂlez, Administrator,          JUDGMENT OF THE COURT OF FIRST INSTANCE
for the Registrar, has given a judgment on 15 September
                                                                                           of 17 July 1998
1998, in which it:
                                                                    in Case T-118/96: Thai Bicycle Industry Co. Ltd v
                                                                                  Council of the European Union (1)
1. Dismisses the application;
                                                                    (Dumping Ð Normal value Ð Constructed value Ð
                                                                    Production costs Ð Selling, general and administrative
                                                                          expenses Ð Profit margin Ð OEM adjustment)
2. Orders the applicants to pay their own costs and to
     bear those incurred by the Commission jointly and                                       (98/C 327/40)
     severally.
                                                                                    (Language of the case: English)
(1) OJ C 180, 22.6.1996.
                                                                    In Case T-118/96: Thai Bicycle Industry Co. Ltd,
                                                                    established in Samutprakarn (Thailand), represented by