CELEX: C2001/118/95
Language: en
Date: 2001-04-21 00:00:00
Title: Judgment of the Court of First Instance of 8 November 2000 in Case T-44/97: Piera Ghignone and Others v Council of the European Union (Officials — Remuneration — Posting to a third country — Adjustment of weightings — Retroactive effect — Recovery of overpayment)

21.4.2001               EN                       Official Journal of the European Communities                                       C 118/33
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 8 November 2000
                                                                                                  of 12 December 2000
in Case T-44/97: Piera Ghignone and Others v Council of
                      the European Union (1)
                                                                            in Case T-128/98: Aéroports de Paris v Commission of
                                                                                             the European Communities (1)
(Officials — Remuneration — Posting to a third country —
Adjustment of weightings — Retroactive effect — Recovery
                          of overpayment)
                                                                            (Competition — Air transport — Airport management —
                                                                            Applicable regulation — Regulation No 17 and Regulation
                          (2001/C 118/95)                                   (EEC) No 3975/87 — Abuse of dominant position —
                                                                                                   Discriminatory fees)
                    (Language of the case: French)
                                                                                                     (2001/C 118/96)
In Case T-44/97: Piera Ghignone, Helga Glassl, Colette Jemaa,
Enrica Massucco, Giovanni Di Maio, René Franquinet, Klaus-
Dietrich Jagstaidt, Michel Perillat, officials of the Council of the
European Union, residing in Geneva (Switzerland), Jacques                                       (Language of the case: French)
Brodin, an official of the Council of the European Union,
residing in Tannay (Switzerland), Servatius van Thiel, official
of the Council of the European Union, residing in Nyon
(Switzerland), Ettore Zamproni, official of the Council of the
European Union, residing in Bellevue (Switzerland), Monique                 In Case T-128/98: Aéroports de Paris, established in Paris
Weygandt, Léo Geboers, David Hollister, officials of the                    (France), represented by H. Calvet, of the Paris Bar, with an
Council of the European Union, residing in New York (United                 address for service in Luxembourg at the Chambers of A. May,
States of America), represented initially by J.-N. Louis, T. Dema-          398 Route d’Esch, against Commission of the European
seure and A. Tornel, of the Brussels Bar, and then by Mr Louis              Communities (Agents: represented initially by J.F. Crespo
and Mr Demaseure, with an address for service in Luxembourg                 Carrillo and G. Charrier and subsequently by L. Pignataro and
at Société de gestion fiduciaire SARL, 13 Avenue du Bois,                   B. Geneste) — application for annulment of Commission
against Council of the European Union (Agents: J.P. Jacqué and              Decision 98/513/EC of 11 June 1998 relating to a proceeding
T. Blanchet) — application for annulment of the applicants’                 under Article 86 of the EC Treaty (IV/35.613 — Alpha Flight
salary slips for May and June 1996 — the Court of First                     Services/Aéroports de Paris) (OJ 1998 L 230, p. 10) —
Instance (Second Chamber), composed of J. Pirrung, President,               the Court of First Instance (Third Chamber), composed of:
J. Azizi and A. Potocki, Judges; G. Herzig, administrator, for              K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; J. Palacio
the Registrar, gave a judgment on 8 November 2000, in which                 González, Administrator, for the Registrar, has given a judg-
it:                                                                         ment on 12 December 2000, in which it:
1.    removes from the case-file the opinions of the legal service of       1.    Dismisses the application.
      the Council, produced by the applicants in annexes 5 and 10
      to the reply;
                                                                            2.    Orders the applicant to bear its own costs and to pay those
2.    dismisses the application;                                                  incurred by the Commission and by the intervener, Alfa Flight
                                                                                  Services.
3.    orders each of the parties to bear its own costs.
                                                                            (1) OJ C 312 of 10.10.1998.
(1) OJ C 358 of 21.11.1998.