CELEX: C1995/286/20
Language: en
Date: 1995-10-28 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 13 July 1995 in Joined Cases T-466/93, T-469/93, T-473/93, T-474/93 and T-477/93: Thomas O'Dwyer and Others v. Council of the European Union (Common organization of the market in milk and milk products - Milk quotas - Additional levy - Reduction of reference quantities without compensation - Claim for damages)

No C 286/ 8           EN                   Official Journal of the European Communities                                  28 . 10 . 95
      Removal from the register of Case C-2 13/94 (M                         Removal from the register of Case C-93/95 (M
                          ( 95/C 286/17)                                                         ( 95/C 286/18 )
By order of 27 July 1995 the President of the Court ofJustice
of the European Communities ordered the removal from the
register of Case C-213/94 : Commission of the European                By order of 21 July 1995 the President of the Court of Justice
                                                                      of the European Communities ordered the removal from the
Communities v. Federal Republic of Germany .
                                                                      register of Case C-93/95 : Commission of the European
                                                                      Communities v. Portuguese Republic .
(') OJ No C 275 , 1 . 10 . 1993 .
                                                                      V ) OJ No C 159 , 24 . 6 . 1995 .
                                                    COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 13 July 1995                                                       of 13 July 1995
in Case T-44/93 : Monique Saby v. Commission of the                   in Joined Cases T-466/93 , T-469/93 , T-473/93 , T-474/93
                 European Communities (*)                             and T-477/93 : Thomas O'Dwyer and Others v. Council of
(Officials — Action for damages — Admissibility — Proper                                 the European Union ( ] )
conduct of the pre-litigation procedure — Duty to provide             (Common organization of the market in milk and milk
assistance — Duty to have regard for the welfare ofofficials         products — Milk quotas — Additional levy — Reduction of
  — Principle of the protection of legitimate expectations)           reference quantities without compensation — Claim for
                          ( 95/C 286/ 19 )                                                          damages)
                                                                                                ( 95/C 286/20 )
               (Language of the case: French)
                                                                                     (Language of the case: English)
In Case T-44/93 : Monique Saby, a former official of the
Commission of the European Communities, residing in
Brussels, represented by Mérète Turlin and Aloyse May, of             In Joined Cases T-466/93 , T-469/93 , T-473/93 , T-474/93
the Luxembourg Bar, with an address for service in                    and T-477/93 : Thomas O'Dwyer, Thomas Keane, Thomas
Luxembourg at their Chambers, 31 Grand-Rue,                           Cronin and James Reidy, residing respectively at
Luxembourg, v. Commission of the European Communities                 Drumdowney, Snowhill, Waterford, Ireland; at Corbally,
( Agent : Ana Maria Alves Vieira ) — application, first, for a        Gurtymadden, Loughrea, County Galway, Ireland; at
declaration of misconduct on the part of the Commission               Ardmore, Waterford, Ireland ; and at Carrowreagh, Cooper,
and, second, for compensation for alleged material and                Tubbercurry, County Sligo, Ireland, represented by
non-material damage — the Court of First Instance (Third              Anthony Burke, Solicitor, with an address for service in
Chamber ), composed of J. Biancarelli , President, and C. P.          Luxembourg at the Chambers of Arsène Kronshagen, 12
Briët and C. W. Bellamy, Judges; H. Jung, Registrar, has              Boulevard de la Foire, against Council of the European
given a judgment on 13 July 1995 , in which it:                       Union ( Agents : Arthur Brautigam and Michael Bishop ),
                                                                      supported by Commission of the European Communities
                                                                      ( Agents : Gerard Rozet and Christopher Docksey ) —
                                                                      application, in Cases T-466/93 , T-469/93 , T-473/93 and
1 . dismisses the application;
                                                                      T-474/93 , for reparation of the damage allegedly suffered by
                                                                      the applicants as a result of the application of Council
                                                                      Regulation ( EEC ) No 816/92 of 31 March 1992 amending
2 . orders the parties to bear their own costs.                       Regulation ( EEC ) No 804/68 on the common organization
                                                                      of the market in milk and milk products ( OJ 1992 L 86 ,
                                                                      p. 83 ) and, in Case T-477/93 , for reparation of the damage
(') OJ No C 206 , 30 . 7. 1993 .                                      allegedly suffered by the applicant as a result of the
                                                                      application of Council Regulation ( EEC ) No 748/93 of
                                                                      17 March 1993 amending Regulation ( EEC ) No 3950/92
                                                                      establishing an additional levy in the milk and milk products
                                                                      sector ( OJ 1993 L 77, p. 16 ) — the Court of First Instance
 ---pagebreak--- 28 . 10 . 95             EN                   Official Journal of the European Communities                                No C 286/9
(Third Chamber ), composed of J. Biancarelli, President,                  JUDGMENT OF THE COURT OF FIRST INSTANCE
C. P. Briet and C. W. Bellamy, Judges; H. Jung, Registrar,                                       of 13 July 1995
gave a judgment on 13 July 1995 , in which it:
                                                                            in Case T-176/94: K v. Commission of the European
                                                                                                 Communities ( ] )
1 . dismisses the applications;                                          (Officials — European Convention for the protection of
                                                                         human rights and fundamental freedoms — Complaint —
2 . orders the applicants to bear their own costs and those                            Right to respect for private life)
     incurred by the Council;                                                                      ( 95/C 286/22 )
3 . orders the Commission to bear its own costs.                                        (Language of the case: French)
(') OJ No C 91 , 1 . 4 . 1993 , OJ No C 124, 6 . 5 . 1993 and OJ No      In Case T-176/94 : K, an official of the Commission of the
     C 159 , 11 . 6 . 1993 .                                             European Communities, residing in Brussels, represented by
                                                                         Jean-Noel Louis, of the Brussels Bar, with an address for
                                                                         service in Luxembourg at the office of Fiduciaire Myson
                                                                         Sari, 1 Rue Glesener, v. Commission of the European
                                                                         Communities ( Agents : Ana Maria Alves Vieira and Denis
                                                                         Waelbroeck ) — application for the annulment of the
                                                                         Commission decision rejecting by implication the
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 applicant's claim for compensation and of the express
                                                                         decision rejecting his complaint and, in addition, an
                             of 13 July 1995                             application for compensation — the Court of First Instance
in Case T-545/93 : Heinz Kschwendt v. Commission of the                  (Third Chamber ), composed of J. Biancarelli, President,
                      European Communities ( ] )                         C. P. Briet and C. W. Bellamy, Judges; J. Palacio Gonzalez,
(Officials — Dependent child allowance — Education                       Registrar, has given a judgment on 13 July 1 995 , in which it
                                                                         rules :
allowance — Medical expenses — Recovery of undue
                                 payment)
                              ( 95/C 286/21 )                            1 . the application is dismissed;
                  (Language of the case: French)                         2 . the parties are ordered to bear their own costs.
In Case T-545/93 : Heinz Kschwendt, an official of the                   (') OJ No C 161 , 11 . 6 . 1994 .
Commission of the European Communities, residing in
Luxembourg, represented by Georges Vandersanden and
Laure Levi, of the Brussels Bar, with an address for service in
Luxembourg at the office of Fiduciaire Myson Sari, 1 Rue
Glesener, v. Commission of the European Communities
( Agents : Ana Maria Alves Vieira and Bertrand Wagenbaur )
— application for the annulment of the decisions of the                   JUDGMENT OF THE COURT OF FIRST INSTANCE
Commission of 3 February 1993 , 29 March 1993 and                                           of 13 September 1995
2 1 June 1993 declaring that the applicant was not entitled to
certain benefits in respect of his daughter and ordering the             in Joined Cases T-244/93 and T-486/93 : TWD
recovery of sums unduly paid — the Court of First Instance               Textilwerke Deggendorf GmbH v. Commission of the
( Third Chamber ), composed of J. Biancarelli , President, and                            European Communities ( 1 )
C. P. Briet and C. W. Bellamy, Judges; H. Jung, Registrar,               (State aid — Commission decisions suspending payment of
has given a judgment on 13 July 1995 , in which it:                      certain aids until previous unlawful aids have been
                                                                                                       repaid)
 1 . takes cognizance of the partial withdrawal of the claims                                      ( 95/C 286/23 )
     contained in the application, to the extent specified in
     paragraph 25 of the judgment;                                                     (Language of the case: German)
2 . dismisses the action;
                                                                         In Joined Cases T-244/93 and T-486/93 : TWD Textilwerke
                                                                         Deggendorf GmbH, established in Deggendorf ( Germany ),
3 . orders the defendant to pay all of the costs.                        represented by Walter Forstner, Lutz Radtke and
                                                                         Karl-Heinz Schupp, Rechtsanwalte, Deggendorf, assisted by
(') OJ No C 313 , 19 . 11 . 1993 .                                       Michael Schweitzer, Professor at the University of Passau,
                                                                         with an address for service in Luxembourg at the office of
                                                                         M. Stein, Bayerische Landesbank International SA, 7—9
                                                                         Boulevard Royal, supported by Federal Republic of