CELEX: C2000/034/30
Language: en
Date: 2000-02-05 00:00:00
Title: Case C-449/99 P: Appeal brought on 26 November 1999 by the European Investment Bank against the judgment delivered on 28 September 1999 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-140/97 between Michel Hautem and the European Investment Bank

C 34/16               EN                    Official Journal of the European Communities                                      5.2.2000
Appeal brought on 26 November 1999 by the European                     — Breach of the contractual rules applicable to relations
Investment Bank against the judgment delivered on                          between the EIB and its staff: the Court of First Instance
28 September 1999 by the Fifth Chamber of the Court of                     wrongly considered that it could apply ‘by analogy’ the
First Instance of the European Communities in Case                         rule in Article 91(1) of the Staff Regulations of officials of
T-140/97 between Michel Hautem and the European                            the European Communities. By ordering the EIB to pay the
                        Investment Bank                                    arrears of remuneration from the date of dismissal, the
                                                                           Court of First Instance adopted a statutory approach which
                                                                           cannot be applied to the EIB.
                       (Case C-449/99 P)
                         (2000/C 34/30)
An appeal against the judgment delivered on 28 September
1999 by the Fifth Chamber of the Court of First Instance of
the European Communities in Case T-140/97 between Michel
Hautem and the European Investment Bank was brought
before the Court of Justice of the European Communities
on 26 November 1999 by the European Investment Bank,
represented by Giannangelo Marchegiani, Director of Legal
Affairs, acting as Agent, assisted by Georges Vandersanden,
with an address for service in Luxembourg at the office of
Jean-Philippe Minnaert, of its Legal Directorate, Boulevard            Reference for a preliminary ruling by the Landesgericht
Konrad Adenauer.                                                       Korneuburg by order of 11 November 1999 in the case of
                                                                                Seiko Kabushiki Kaisha v Bajrami Sinavere
The appellant claims that the Court should:
                                                                                               (Case C-450/99)
— Set aside points 1 and 2 of the operative part of the
    judgment delivered by the Court of First Instance on
    28 September 1999 in Case T-140/97;                                                         (2000/C 34/31)
— Order the respondent to bear his own costs.
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by order of 11 November 1999 from
                                                                       the Landesgericht Korneuburg (Regional Court, Korneuburg),
Pleas in law and main arguments                                        which was received at the Court Registry on 26 November
                                                                       l999, for a preliminary ruling in the case of Seiko Kabushiki
                                                                       Kaisha v Bajrami Sinavere on the following question:
— Incorrect assessment of the legal nature of the facts,
    incorrect reasoning: the Court of First Instance wrongly
                                                                       On a proper construction of Article 1 thereof, is Council
    — considered that Mr Hautem had not carried on a                   Regulation (EC) No 3295/94 of 22 December 1994 laying
         professional activity of a commercial nature, whereas         down measures to prohibit the release for free circulation,
         it — correctly — reached that conclusion in the similar       export, re-export or entry for a suspensive procedure of
         case of Mr Yasse (Case T-141/97),                             counterfeit and pirated goods (Official Journal of the European
                                                                       Communities L 341 of 30 December 1994) also applicable to
                                                                       situations in which goods of the type specified therein are, in
    — considered that Mr Hautem had not made use of his                the course of transit between two countries not belonging to
         belonging to the EIB, had not involved the EIB, and           the European Community, temporarily detained by the cus-
         had not personally used its property,                         toms authorities in a Member State on the basis of that
                                                                       regulation, at the request of a holder of rights who claims that
                                                                       his rights have been infringed and whose undertaking does not
    — declined to attribute any legal value to the use of false        have its registered office in a country belonging to the
         documents and false statements in a procedure for             European Community?
         dismissal based on unauthorised commercial activity,
    — declined to attach importance to the unauthorised
         commercial activity in Andorra of Mr Hautem’s
         spouse.