CELEX: C1996/247/22
Language: en
Date: 1996-08-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 5 June 1996 in Case T-398/94: Kahn Scheepvaart BV v. Commission of the European Communities (State aid - Shipbuilding - General aid scheme - Action for annulment - Admissibility)

24 . 8 . 96              EN                   Official Journal of the European Communities                               No C 247/ 11
3 . If the answer to the preceding question is in the                          Removal from the register of Case C-306/95 ( )
      affirmative, the Court of Justice is asked to rule whether                                  ( 96/C 247/21 )
      the Community legal order is compatible with a national
      provision which provides that a prescription period
      should start to run ( to the detriment of a citizen of a
      Member State relying on the provisions of a directive in           By order of 29 April 1996 , the President of the Court of
      order to obtain repayment of a charge which was unduly             Justice of the European Communities ordered the removal
      collected ) before that directive was correctly transposed         from the register of Case C-306/95 : Commission of the
      into national law .                                                European Communities v. United Kingdom of Great Britain
                                                                         and Northern Ireland .
(!) 1993 | ECR 1-1915 .
( 2 ) O } No L 249 , 3 . 10 . 1969 , p . 25 .
                                                                         (') OJ No C 299 , 11 . 11 . 1995 .
                                                        COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                            of 5 June 1996                                                       of 6 June 1996
in Case T-398/94 : Kahn Scheepvaart BV v. Commission of                  in Case T-262/94 : Jean Baiwir v. Commission of the
                   the European Communities ( 1 )                                          European Communities ( ' )
(State aid — Shipbuilding — General aid scheme — Action                  (Officials — Plea of illegality — Consistency between the
                 for annulment — Admissibility)                          complaint and the application — New method of assessing
                             ( 96/C 247/22 )                             careerprofiles for Categories B, C and D at the Commission
                                                                         — List of officials considered most deserving ofpromotion
                                                                         — Articles 5 (3) and 45 of the StaffRegulations — Principle
                                                                         of non-discrimination — Manifest errors of assessment of
                  (Language of the case: English)                                    fact and law — Action for damages)
                                                                                                  ( 96 /C 247/23 )
In Case T-398/94 : Kahn Scheepvaart BV, established in
Rotterdam ( Netherlands ), represented by Thomas Jestaedt,
Rechtsanwalt, Düsseldorf, and Tom R. Ottervanger, of the
Rotterdam Bar, with an address for service in Luxembourg                                (Language of the case: French)
at the Chambers of Carlos Zeyen , 67 Rue Ermesinde, v.
Commission of the European Communities ( Agents: Paul
Nemitz and Jean-Paul Keppenne ) — application for
annulment of the Commission 's decision of 25 October
 1994 authorizing for 1994 a German aid scheme for
shipbuilding — the Court of First Instance ( Third Chamber,              In Case T-262/94 : Jean Baiwir, an official of the
Extended Composition ), composed of C. P. Briët, President,              Commission of the European Communities , residing at
B. Vesterdorf, P. Lindh, A. Potocki and J. D. Cooke, Judges;             Court-Saint-Etienne ( Belgium ), represented by Georges
J. Palacio Gonzalez, Administrator, for the Registrar, has               Vandersanden , of the Brussels Bar, with an address for
given a judgment on 5 June 1996 , in which it:                           service in Luxembourg at the offices of Fiduciaire Myson
                                                                         Sari, 1 Rue Glesener v. Commission of the European
                                                                         Communities ( Agents : first, Joseph Griesmar, then Julian
 1 . dismisses the application as inadmissible;                          Currall , both assisted by Denis Waelbroeck ) — application
                                                                         for annulment of the list of officials considered most
                                                                         deserving of promotion to Grade B 4 under the 1993
2 . orders the applicant to pay the costs.                               promotion procedure in so far as it does not contain the
                                                                         applicant's name, reinstatement of the applicant in his
                                                                         career as an official in Grade B 4/2 with effect from
(') OJ No C 400 , 31 . 12 . 1994 .
                                                                          1 January 1993 and compensation for the non-material
                                                                         damage suffered — the Court of First Instance ( Fourth
                                                                         Chamber ), composed of K. Lenaerts, President, P. Lindh
                                                                         and J. D. Cooke , Judges; B. Pastor, Principal Administrator,
                                                                         for the Registrar, gave a judgment on 6 June 1996 , the
                                                                         operative part of which is as follows: