CELEX: C2000/020/37
Language: en
Date: 2000-01-22 00:00:00
Title: Judgment of the Court of First Instance of 7 December 1999 in Case T-92/98: Interporc Im- und Export GmbH v Commission of the European Communities (Action for annulment — Transparency — Access to documents — Decision 94/90/ECSC, EC, Euratom — Rejection of a request for access to Commission documents — Scope, first, of the exception based on protection of the public interest (court proceedings) and, second, of the authorship rule — Statement of reasons)

22.1.2000              EN                      Official Journal of the European Communities                                           C 20/19
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 10 November 1999
                      of 7 December 1999
                                                                          in Joined Cases T-103/98, T-104/98, T-107/98, T-113/98
                                                                          and T-118/98: Svend Bech Kristensen and Others v
in Case T-92/98: Interporc Im- und Export GmbH v                                          Council of the European Union (1)
        Commission of the European Communities (1)
                                                                          (Officials — Action for annulment — Transfer of pension
                                                                          rights — Calculation of years of pensionable service —
(Action for annulment — Transparency — Access to docu-                                   Request for refund of the difference)
ments — Decision 94/90/ECSC, EC, Euratom — Rejection
of a request for access to Commission documents — Scope,
first, of the exception based on protection of the public                                            (2000/C 20/38)
interest (court proceedings) and, second, of the authorship
                 rule — Statement of reasons)
                                                                                              (Language of the case: French)
                         (2000/C 20/37)                                   In Joined Cases T-103/98, T-104/98, T-107/98, T-113/98 and
                                                                          T-118/98: Svend Bech Kristensen, an official of the Council of
                                                                          the European Union, residing at Waterloo, Belgium, Bjarne
                                                                          Hoff-Nielsen, an official of the Council of the European Union,
                                                                          residing in Brussels, Peter Clausen, an official of the Council of
                  (Language of the case: German)                          the European Union, residing at La Hulpe, Belgium, and Ivar
                                                                          Langer Andersen, an official of the Council of the European
                                                                          Union, residing at Rungsted Kyst, Denmark, represented
In Case T-92/98: Interporc Im- und Export GmbH, established               by Jean-Noël Louis, Véronique Leclercq, Ariane Tornel and
in Hamburg, Germany, represented by Georg M. Berrisch,                    Françoise Parmentier, of the Brussels Bar, with an address for
Rechtsanwalt, Brussels and Hamburg v Commission of the                    service in Luxembourg at the offices of Fiduciaire Myson SARL,
European Communities (Agent: Ulrich Wölker) — application                 230 Rue de Cessange v Council of the European Union
for annulment of the decision of the Commission of 23 April               (Agents: Martin Bauer and Denis Waelbroeck) — application
1998 refusing the applicant access to certain documents —                 for annulment of the Council decisions of 6 October 1997
the Court (First Chamber, Extended Composition), composed                 refusing the request for refund of that part of the applicants’
of: B. Vesterdorf, President, and C.W. Bellamy, J. Pirrung,               pension rights transferred to the Community pension scheme
A.W.H. Meij and M. Vilaras, Judges; H. Jung, Registrar, has               which was not taken into consideration in the calculation of
given a judgment on 7 December 1999, in which it:                         their years of pensionable service — the Court of First
                                                                          Instance (First Chamber), composed of B. Vesterdorf, President,
                                                                          J. Pirrung and M. Vilaras, Judges; H. Jung, Registrar, gave a
1. Annuls the decision of the Commission of 23 April 1998 in so           judgment on 10 November 1999, the operative part of which
     far as it refuses access to documents emanating from the             is as follows:
     Commission;
                                                                          1. The decisions of the Council of 6 October 1997 refusing to
                                                                               refund that part of the applicants’ pension rights transferred to
2. Dismisses the remainder of the application;                                 the Community pension scheme which was not taken into
                                                                               consideration in the calculation of their years of pensionable
                                                                               service are annulled.
3. Orders the parties to bear their own costs.
                                                                          2. The Council is ordered to pay the costs.
(1) OJ No C 258 of 15.8.1998.
                                                                          (1) OJ C 299 of 26.9.1998 and OJ C 312 of 10.10.1998.