CELEX: C2000/355/03
Language: en
Date: 2000-12-09 00:00:00
Title: Judgment of the Court of 5 October 2000 in Case C-434/98 P: Council of the European Union v Silvio Busacca and Others and Court of Auditors of the European Communities (Appeal — Officials — Dispute between the Community and its servants — Appeal by an institution which did not intervene at first instance — Inadmissible)

C 355/2                 EN                      Official Journal of the European Communities                                          9.12.2000
T. Blanchet), supported by Kingdom of Spain (Agent: N. Dı́az                                JUDGMENT OF THE COURT
Abad) — Appeals against the judgments of the Court of First
Instance of the European Communities (Fifth Chamber) of
30 September 1998 in Case T-154/96 Chvatal and Others v                                            of 5 October 2000
Court of Justice [1998] ECR-SC I-A-527 and II-1579 and Case
T-13/97 Losch v Court of Justice [1998] ECR-SC I-A-543 and
II-1633, seeking to have those judgments set aside, the other              in Case C-434/98 P: Council of the European Union v
parties to the proceedings being Christiane Chvatal and Others,            Silvio Busacca and Others and Court of Auditors of the
officials of the Court of Justice of the European Communities,                                European Communities (1)
represented by J.-N. Louis and T. Demaseure, of the Brussels
Bar, with an address for service in Luxembourg at Société de
Gestion Fiduciaire, Boîte Postale 585, Antoinette Losch, official          (Appeal — Officials — Dispute between the Community
of the Court of Justice of the European Communities, rep-                  and its servants — Appeal by an institution which did not
resented by J.-N. Louis and T. Demaseure, of the Brussels Bar,                        intervene at first instance — Inadmissible)
with an address for service in Luxembourg at Société de
Gestion Fiduciaire, Boîte Postale 585, Court of Justice of the
European Communities, L-2925 Luxembourg, and Kingdom                                                 (2000/C 355/03)
of the Netherlands, Bezuidenhoutseweg 67, The Hague —
the Court composed of: G.C. Rodrı́guez Iglesias, President,
J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón and
                                                                                               (Language of the case: French)
R. Schintgen (Presidents of Chambers), C. Gulmann, A. La
Pergola, J.-P. Puissochet (Rapporteur), H. Ragnemalm,
M. Wathelet and V. Skouris, Judges; S. Alber, Advocate General;
D. Louterman-Hubeau, Principal Administrator, for the Regis-               (Provisional translation; the definitive translation will be published
trar, has given a judgment on 5 October 2000, in which it:                                    in the European Court Reports)
                                                                           In Case C-434/98 P: Council of the European Union (Agents:
                                                                           J.-P. Jacqué, D. Canga Fano and T. Blanchet), supported by
1.    Sets aside the judgments of the Court of First Instance of the
                                                                           Kingdom of Spain (Agent: N. Dı́az Abad) — Appeal against
      European Communities of 30 September 1998 in Case
                                                                           the judgment of the Court of First Instance of the European
      T-154/96 Chvatal and Others v Court of Justice and Case
                                                                           Communities (Fifth Chamber) of 30 September 1998 in Case
      T-13/97 Losch v Court of Justice;
                                                                           T-164/97 Busacca and Others v Court of Auditors [1998]
                                                                           ECR-SC I-A-565 and II-1699, seeking to have that judgment
                                                                           set aside, the other parties to the proceedings being Silvio
                                                                           Busacca and Others, officials of the Court of Auditors of the
2.    Dismisses the actions brought before the Court of First Instance     European Communities, represented by G. Vandersanden and
      in Cases T-154/96 and T-13/97;                                       L. Levi, of the Brussels Bar, with an address for service in
                                                                           Luxembourg at Société de Gestion Fiduciaire, Boîte Postale
                                                                           585, and Court of Auditors of the European Communities,
                                                                           (Agent: P. Giusta) — the Court, composed of: G.C. Rodrı́guez
                                                                           Iglesias, President, J.C. Moitinho de Almeida, D.A.O. Edward,
3.    Orders Christiane Chvatal and Others and Antoinette Losch,           L. Sevón and R. Schintgen, Presidents of Chamber, C. Gulmann,
      the Court of Justice of the European Communities, the Council        A. La Pergola, J.-P. Puissochet (Rapporteur), H. Ragnemalm,
      of the European Union, the Kingdom of Spain and the Kingdom          M. Wathelet and V. Skouris, Judges; S. Alber, Advocate General;
      of the Netherlands to bear their own costs, incurred both at first   D. Louterman-Hubeau, Principal Administrator, for the Regis-
      instance and on appeal.                                              trar, has given a judgment on 5 October 2000, in which it:
                                                                           1.    Dismisses the appeal as inadmissible;
                                                                           2.    Orders the Kingdom of Spain to bear its own costs;
(1) OJ C 20 of 23.1.1999.
                                                                           3.    Orders the Council of the European Union to pay the other
                                                                                 costs.
                                                                           (1) OJ C 20 of 23.1.1999.