CELEX: C1995/268/46
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber, extended composition) of 14 July 1995 in Case T-275/94: Groupement des Cartes Bancaires 'CB' v. Commission of the European Communities (Competition - Fine - Default interest - Application of payments)

14 . 10 . 95           EN                 Official Journal of the European Communities                                  No C 268/21
                                                     COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                              of Arendt & Medernach, 8—10 rue Mathias Hardt v .
                          of 13 July 1995                             Council of the European Union ( Agents : Ramon Torrent,
m Case T-557/93 : Lars Bo Rasmussen v. Commission of the              Jorge Monteiro, Hans-Jiirgen Rabe and Georg Berrisch ),
                                                                      supported by Commission of the European Communities
                    European Communities ( 1 )
                                                                      (Agents : Eric White and Claus-Michael Happe ) and
(Officials — Reports procedure — Staffreport — Delay in               Federation of European Bearing Manufacturers '
    drawing up — Promotion — Procedural irregularity)                 Associations, established in Frankfurt-on-Main ( Germany ),
                           ( 95/C 268/44 )                            represented by Dietrich Ehle and Volker Schiller,
                                                                      Rechtsanwàlte, Cologne, with an address for service in
                                                                      Luxembourg at the Chambers of Marc Lucius, 6 rue Michel
                  (Language of the case: Frencb)                      Welter — application for the annulment of Council
                                                                      Regulation ( EEC ) No 55/93 of 8 January 1993 imposing a
In Case T-557/93 : Lars Bo Rasmussen, an official of the              definitive anti-dumping duty on imports into the
Commission of the European Communities , residing at                  Community of outer rings of tapered roller bearing
Dalheim ( Luxembourg ), represented by Jean-Noël Louis, of            originating in Japan ( OJ No L 9 , 1993 , p . 7 ) — the Court of
the Brussels Bar, with an address for service in Luxembourg           First Instance ( Fourth Chamber, extended composition ),
at the office of Fiduciaire Myson Sari, 1 rue Glesener v .            composed of: K. Lenaerts, President, R. Schintgen, R.
Commission of the European Communities ( Agent: Ana                   Garcia-Valdecasas, C. W. Bellamy and P. Lindh, Judges; H.
Maria Alves Vieira ) — application for the annulment, first,         Jung, Registrar, has given a judgment on 14 July 1995 , in
of the decision of the Commission not to promote the                  which it :
applicant to grade A 4 in the 1992 promotion procedure
and, second, of the decision, published in 'Administrative            1 , dismisses the application;
Notices' No 770 of 4 February 1993 , to promote certain
officials to grade A4 — the Court of First Instance (Third            2 , orders the applicant to pay its own costs and the costs of
Chamber ), composed of: J. Biancarelli, President, and C. P.                the Council and Febma;
Briët and C. W. Bellamy, Judges; H. Jung, Registrar, has
given a judgment on 13 July 1995 , in which it:                       3 , orders the Commission to bear its own costs.
1 , annuls the decision of the Commission not to promote
                                                                      f 1 ) OJ No C 160, 12 . 6 . 1993 .
      the applicant to grade A 4 in the 1992 promotion
     procedure;
2 , dismisses the remainder of the action;
3 , orders the Commission to pay the costs.
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
(') OJ No C 1 , 4 . 1 . 1994 .                                                  ( Fourth Chamber, extended composition )
                                                                                               of 14 July 1995
                                                                      in Case T-275/94: Groupement des Cartes Bancaires 'CB ' v.
                                                                              Commission of the European Communities ( ] )
                                                                      (Competition — Fine — Default interest — Application of
                                                                                                    payments)
JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 ( 95/C 268/46 )
           ( Fourth Chamber, extended composition )
                         of 14 July 1995                                              (Language of the case: French)
in Case T-166/94 : Koyo Seiko Co. Ltd v. Council of the
                        European Union ( ] )
                                                                      In Case T-275/94 : Groupement des Cartes Bancaires ' CB',
                     (Anti-dumping — Injury)                          having its registered office in Paris ( France ), represented by
                           ( 95/C 268/45                              Alain Georges and Hugues Calvet, of the Paris Bar, with an
                                                                      address for service in Luxembourg at the Chambers of
                                                                      Aloyse May, 31 Grand-Rue, against Commission of the
                 (Language of the case: English)                      European Communities ( Agents : Enrico Traversa and
                                                                      Géraud de Bergues ) — application for annulment of the
In Case T-166/94 : Koyo Seiko Co . Ltd, established in Osaka          Commission's letters of 7 June and 15 July 1994 in which
(Japan ), represented by Jacques Buhart, of the Paris Bar, and        the Commission required, for the period 30 June 1992 to the
Charles Kaplan, Barrister, of the Bar of England and Wales,           date of actual settlement, payment of default interest on the
with an address for service in Luxembourg at the Chambers             amount of the fine imposed on the applicant by Commission
 ---pagebreak--- No C 268/22           EN                  Official Journal of the European Communities                                    14 . 10 . 95
Decision 92/212/EEC of 25 March 1992 relating to a                   2 , orders each of the parties to bear its own costs.
proceeding pursuant to Article 85 of the EEC Treaty
( IV/30.717-A — Eurocheque : Helsinki Agreement, OJ No               (M OJ No C 351 , 10 . 12 . 1994 .
L 95 , 1992 , p. 50 ), that amount having been set at ECU
2 000 000 by the judgment delivered by the Court of First
Instance on 23 February 1994 in Joined Cases T-39/92 and
T-40/92 Groupement des Cartes Bancaires ' CB' and
Europay International SA v. Commission [ 1994] ECR II,
p . 49, and in which it applied the ECU 2 000 000 paid by the
applicant first against the interest and then against the             JUDGMENT OF THE COURT OF FIRST INSTANCE
principal sum of the fine plus default interest — the Court of                           of 13 September 1995
First Instance ( Fourth Chamber, extended composition ),
composed of K. Lenaerts, President, R. Schintgen, R.                 in Case T-276/94 : Adam Buick v. Commission of the
Garcia-Valdecasas, P. Lindh and J. Azizi, Judges; J. Palacio                           European Communities (')
Gonzalez, Administrator, for the Registrar, has given a              (Officials     —    Leave on personal grounds                  —
judgment on 14 July 1995 , in which it:                                                       Reinstatement)
                                                                                               ( 95/C 268/48 )
1 , dismisses the application;
                                                                                     (Language of the case: French)
2 , orders the applicant to bear the costs.
                                                                     In Case T-276/94 : Adam Buick, an official of the
(') OJ No C 275 , 1 . 10 . 1994 .                                    Commission of the European Communities, currently on
                                                                     leave on personal grounds, resident in London, represented
                                                                     by Jean-Noël Louis, of the Brussels Bar, with an address for
                                                                     service in Luxembourg at the offices of Fiduciaire Myson
                                                                     SARL, 1 rue Glesener, against Commission of the European
                                                                     Communities ( Agent: Ana Maria Alves Vieira ) —
                                                                     application, first, for the annulment of the Commission's
                                                                     decision not to reinstate the applicant to the post at grade
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             A 7/A 4 ( COM/ 1816/93 ) declared vacant in the ' G-24
                                                                     Coordination Unit ' of the Directorate-General for External
                         of 14 July 1995
                                                                     Economic Relations and, secondly, for damages — the
in Case T-291 /94: Zudella Patricia Pimley-Smith v.                  Court of First Instance (Third Chamber ), composed of J.
        Commission of the European Communities ( ] )                 Biancarelli ( President of the Chamber ), C. P. Briët and C. W.
 (Officials — Competitions — Decision of the Selection               Bellamy, Judges; B. Pastor, Administrator, for the Registrar,
Board stating that a candidate has failed the oral tests —           has given a judgment on 13 September 1995 , in which
 Extent of the duty to provide a statement of reasons —              it :
Extent to which the Court may exercise its powers ofreview
 in the absence of any infringement of the procedural                 1 , annuls the Commission's decision not to reinstate the
                               rules)                                     applicant to the post at grade A 7/A 4 (COM/1816/93)
                          ( 95/C 268/47 )                                 declared vacant in the ' G-24 Coordination Unit ' of
                                                                          D G I;
                (Language of the case: French)                       2 , orders the Commission to compensate the applicant for
                                                                          the material damage directly suffered by him as the
                                                                          result of the adoption of the annulled decision;
 In Case T-291 /94 , Zudella Patricia Pimley-Smith, resident in
 Brussels, represented by Georges Vandersanden and Laure              3 , orders the parties to notify to the Court ofFirst Instance,
 Levi, of the Brussels Bar, with an address for service in                within three months from the date of notification of this
 Luxembourg at Fiduciaire Myson SARL, 1 rue Glesener v.                   judgment, the amount of principal and interest to be
 Commission of the European Communities ( Agent:                          paid to the applicant by way of compensation, if such
 Gianluigi Valsesia ) — application for the annulment of the              agreement is reached;
 decision of the Selection Board in Open Competition
 EUR/B/30, notified to the applicant on 29 November 1993 ,            4 , orders the parties, in default of agreement, to present
 not to include her name in the list of successful candidates             submissions to the Court ofFirst Instance, supported by
 and, in so far as necessary, the annulment of the                        figures, within the same period;
 Commission decision of 21 June 1994 rejecting the
 applicant's complaint — the Court of First Instance ( Second         5 , reserves the costs .
 Chamber ), composed of D. P. M. Barrington, acting as
 President, A. Saggio and V. Tiili , Judges; H. Jung, Registrar,
 has given a judgment on 14 July 1995 , in which it:                  (') OJ No C 304 , 29 . 10 . 1994 .
  1 , dismisses the application;