CELEX: C1996/318/18
Language: en
Date: 1996-10-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 24 September 1996 in Case T-57/91: National Association of Licensed Opencast Operators v. Commission of the European Communities (ECSC Treaty - Competition - National undertaking owning coal reserves and enjoying a statutory monopoly on the granting of extraction licences - Consideration on the part of the licensee represented by payment of a royalty or supply of the coal to the licensor - Rate of royalties levied - Price of coal supplied - Whether compatible with the ECSC Treaty)

26 . 10 . 96           EN                   Official Journal of the European Communities                                No C 318/9
3.    orders the Commission to bear its own costs.                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           of 24 September 1996
(') OJ No C 161 , 11 . 6 . 1994 .
                                                                       in Case T-185/95 : Giovanni Sergio v. Commission of the
( 2 ) OJ No L 333 , 1993 , p . 67 .
                                                                                         European Communities ( 1 )
                                                                       (Officials — Transfer of pension rights — General
                                                                       provisions forgiving effect to the StaffRegulations — Time
                                                                                      limit for submitting a request)
                                                                                                  96/C 318/ 19 )
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 24 September 1996                                             (Language of the case: French)
in    Case   T-57/91 :    National   Association     of Licensed
Opencast Operators v. Commission of the European
                         Communities ( 1 )                             In Case T-185/95 : Giovanni Sergio, an official of the
 (ECSC Treaty — Competition — National undertaking                     Commission of the European Communities, represented by
 owning coal reserves and enjoying a statutory monopoly on             Marc-Albert Lucas, of the Liege Bar, with an address for
 the granting of extraction licences — Consideration on the            service in Luxembourg at the Chambers of Evelyne Korn, 21
part of the licensee represented by payment of a royalty or            rue Nassau, v. Commission of the European Communities
supply of the coal to the licensor — Rate ofroyalties levied           ( Agents: Gianluigi Valsesia and Ana Maria Alves Vieira ) —
— Price of coal supplied — Whether compatible with the                 application for annulment of the decision of the
                           ECSC Treaty)                                Commission rejecting the request for transfer of the
                                                                       applicant's pension rights — the Court of First Instance
                           ( 96/C 318/ 18 )
                                                                       ( Third Chamber ), composed of: C. P. Briët, President, and
                                                                       B. Vesterdorf and A. Potocki, Judges; H. Jung, Registrar, has
                (Language of the case: English)                        given a judgment on 24 September 1996 , in which it:
In Case T-57/91 : The National Association of Licensed
 Opencast Operators, having its registered office in                    1 . dismisses the action as inadmissible in so far as it seeks
Newcastle upon Tyne ( United Kingdom ), represented by                      the issue of directions to the Commission;
Nicholas Green, Barrister, and David James Malcolm
Wilson, Solicitor, with an address for service in
 Luxembourg at the Chambers of Victor Gillen, 13 rue                   2 . dismisses the remainder of the action as unfounded;
Aldringen, against the Commission of the European
 Communities ( Agents : Julian Currall, Stephen Kon and                3 . orders the parties to bear their own costs.
 Leonard Hawkes ), supported by the British Coal
 Corporation, having its registered office in London,
 represented by David Vaughan QC and David Lloyd Jones,                (') OJ No C 333 , 9 . 12 . 1995 .
 Barrister, together with Peter J. Sigler and Rebekah M.
 Gershuny, Solicitors, with an address for service in
 Luxembourg at the Chambers of M. Loesch, 8 rue Zithe —
 application for the annulment in part of Commission
 decision SG(91 ) D/9467 of 23 May 1991 rejecting the
 applicant's complaint concerning the market in coal for
 electricity generation — the Court of First Instance ( Third
 Chamber, Extended Composition ), composed of: C. P.
 Briët, President, K. Lenaerts, B. Vesterdorf, P. Lindh and A.          JUDGMENT OF THE COURT OF FIRST INSTANCE
 Potocki, Judges; B. Pastor, Principal Administrator, for the                              of 26 September 1996
 Registrar, has given a judgment on 24 September 1996 , in             in Case T-192/94: Henry Maurissen v. Court of Auditors of
 which it :                                                                            the European Communities (*)
                                                                        (Action for annulment — Staff report — Admissibility —
 1 . declares inadmissible the second, seventh and ninth                 Statement of reasons — Review by the Court — Limits)
       heads of claim;                                                                           ( 96/C 318 /20
 2 . dismisses the remainder of the applicant 's claims;
                                                                                       (Language of the case: French)
 3 . Orders the applicant to pay all the costs of the
       proceedings, including those of the intervener British
       Coal.                                                            In Case T-192/94 : Henry Maurissen, a former official at the
                                                                        Court of Auditors of the European Communities, residing at
                                                                        Schuttrange ( Luxembourg ), represented by Jean-Noel
 (') OJ No C 243 , 18 . 9 . 1991 .                                      Louis, of the Brussels Bar, with an address for service in
                                                                        Luxembourg at the offices of Fiduciaire Myson SARL, 1 rue
                                                                        Glesener, v. Court of Auditors of the European