CELEX: C2001/173/21
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court of 6 March 2001 in Case C-274/99 P: Bernard Connolly v Commission of the European Communities (Appeal — Officials — Disciplinary proceedings — Articles 11, 12 and 17 of the Staff Regulations — Freedom of expression — Duty of loyalty — Conduct reflecting on an official's position)

16.6.2001                EN                     Official Journal of the European Communities                                   C 173/13
judgment set aside, the other party to the proceedings being:              1.    Dismisses the appeal;
Commission of the European Communities (Agents: G. Valses-
ia, and J. Currall, assisted by D. Waelbroeck) — the Court,
composed of G.C. Rodrı́guez Iglesias, President, C. Gulmann,               2.    Orders Mr Connolly to pay the costs.
A. La Pergola, M. Wathelet (Rapporteur) and V. Skouris
(Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet,
P. Jann, L. Sevón, R. Schintgen and N. Colneric, Judges; D. Ruiz-         (1) OJ C 299 of 16.10.1999.
Jarabo Colomer, Advocate General; R. Grass, Registrar, has
given a judgment on 6 March 2001, in which it:
1.     Dismisses the appeal;
2.     Orders Mr Connolly to pay the costs.
(1) OJ C 281 of 2.10.1999.
                                                                                            JUDGMENT OF THE COURT
                                                                                                   (Fifth Chamber)
                                                                                                   of 8 March 2001
                  JUDGMENT OF THE COURT
                          of 6 March 2001                                  in Joined Cases C-397/98 and C-410/98 (reference for a
                                                                           preliminary ruling from the High Court of Justice of
                                                                           England and Wales, Chancery Division): Metallgesellschaft
in Case C-274/99 P: Bernard Connolly v Commission of                       Ltd and Others (C-397/98), Hoechst AG, Hoechst UK Ltd
                 the European Communities (1)                              (C-410/98) v Commissioners of Inland Revenue, H.M.
                                                                                                 Attorney General (1)
(Appeal — Officials — Disciplinary proceedings —
Articles 11, 12 and 17 of the Staff Regulations — Freedom
of expression — Duty of loyalty — Conduct reflecting on an                 (Freedom of establishment — Free movement of capital —
                          official’s position)                             Advance payment of corporation tax on profits distributed
                                                                           by a subsidiary to its parent company — Parent company
                                                                           having its seat in another Member State — Breach of
                           (2001/C 173/21)                                 Community law — Action for restitution or action for
                                                                                                 damages — Interest)
                     (Language of the case: French)
                                                                                                   (2001/C 173/22)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                              (Language of the case: English)
In Case C-274/99 P: Bernard Connolly, a former official of
the Commission of the European Communities, residing in                    In Joined Cases C-397/98 and C-410/98: reference to the
London, United Kingdom, represented by J. Sambon and                       Court under Article 177 of the EC Treaty (now Article 234
P.-P. van Gehuchten, avocats, with an address for service in               EC) from the High Court of Justice of England and Wales,
Luxembourg, appeal against the judgment of the Court of First              Chancery Division, (United Kingdom) for a preliminary ruling
Instance of the European Communities (First Chamber) of                    in the proceedings pending before that court between Metallge-
19 May 1999 in Joined Cases T-34/96 and T-163/96 Connolly                  sellschaft Ltd and Others (C-397/98), Hoechst AG, Hoechst
v Commission [19991 ECR-SC I-A-87 and II-463, seeking to                   UK Ltd (C-410/98) and Commissioners of Inland Revenue,
have that judgment set aside, the other party to the proceedings           H.M. Attorney General — on the interpretation of Articles 6
being: Commission of the European Communities (Agents:                     and 52 of the EC Treaty (now, after amendment, Articles 12
G. Valsesia and J. Currall, assisted by D. Waelbroeck) —                   EC and 43 EC), Article 58 of the EC Treaty (now Article 48
the Court, composed of: G.C. Rodrı́guez Iglesias, President,               EC) and/or Article 73b of the EC Treaty (now Article 56 EC)
C. Gulmann, A. La Pergola, M. Wathelet (Rapporteur) and                    — the Court (Fifth Chamber), composed of: A. La Pergola,
V. Skouris (Presidents of Chambers), D.A.O. Edward,                        President of the Chamber, M. Wathelet (Rapporteur),
J.-P. Puissochet, P. Jann, L. Sevón, R. Schintgen and N. Colneric,        D.A.O. Edward, P. Jann and L. Sevón, Judges; N. Fennelly,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,                Advocate General; L. Hewlett, Administrator, for the Registrar,
Registrar, has given a judgment on 6 March 2001, in which it:              has given a judgment on 8 March 2001, in which it has ruled: