CELEX: C1995/208/55
Language: en
Date: 1995-08-12 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 21 June 1995 in Case T-370/94: Jacques Vigel v. Commission of the European Communities (Officials P Admissibility P Act adversely affecting an official P Promotion procedure)

12 . 8 . 95            EN                  Official Journal of the European Communities                                  No C 208/25
    ORDER OF THE COURT OF FIRST INSTANCE                              — order the defendant to pay the applicant the sum of sixty
                        of 21 June 1995                                   thousand French francs ( FF 60 000 ) for irrecoverable
                                                                          costs, or the equivalent in ecus,
in Case T-370/94 : Jacques Vigel v. Commission of the
                  European Communities ( J )                          — order the defendant to pay all the costs .
(Officials — Admissibility — Act adversely affecting an
               official — Promotion procedure)                        Pleas in law and main arguments adduced in support:
                           ( 95/C 208/55 )
                                                                      In 1978 the applicant, who is the manager of a farmers'
                (Language of the case: French)                        association ( GAEC ), received a premium for conversion
                                                                      from dairy herds to the production of beef and veal or
In Case T-370/94 : Jacques Vigel , an official of the                 sheepmeat and in 1991 he was allocated a specific reference
Commission of the European Communities, residing at                   quantity under Regulation ( EEC ) No 857/84 ( x ) and offered
Bergen ( Netherlands ), represented by Constantin Nikis, of           compensation of FF 543 871,13 pursuant to Regulation
the Brussels Bar, with an address for service in Luxembourg           ( EEC ) No 2187/93 ( 2 ); he challenges the decision of the
at the Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim,           Office National Interprofessionnel du Lait ( National Milk
v. Commission of the European Communities ( Agent: Ana                Trades Board , ONILAIT ) refusing to pay him that
Maria Alves Vieira ) — application for the annulment of               compensation on the ground that his specific reference
Notice to Staff No PE/A/637 of the Petten Joint Research              quantity cannot be regarded as being definitive, since he has
Centre ( Netherlands ) of 20 April 1994 showing that the              never personally resumed milk production . In 1992 the
applicant was not included on the list of persons to be               members of the GAEC settled the constitution of a farming
considered for promotion or an additional step in the 1994            partnership but did not however thereby create a new legal
promotion exercise, and for the award of damages of Bfrs              person .
75 000 as compensation for non-material damage and Bfrs
250 000 as compensation for material damage suffered by               The applicant considers that the contested decision is the
the applicant — the Court of First Instance ( Fourth                  result of a mistaken assessment of the facts of the matter by
Chamber ), composed of: K. Lenaerts, President of the                 the competent authority . From the actual nature of the legal
Chamber, R. Schintgen and R. Garcfa-Valdecasas, Judges,               relationships it must be deduced on the one hand that the
H. Jung, Registrar, has made an order on 21 June 1995 , in            only lawful holder of the reference quantity originally
which it :
                                                                      allocated was the EARL BENIN ( the Benin limited liability
I. dismisses the application as inadmissible;                         farm-holding ) to which all assets necessary for production,
                                                                      in particular the right to the lease on the farm, had been
2 . orders the parties to bear their own costs.                       transferred, and on the other that the EARL BENIN had
                                                                      been turned into a farming partnership without creating a
(M Of No C 380, 31 . 12 . 1994 .                                      new legal person.
                                                                      Accordingly, the contested decision is based on a
                                                                      misinterpretation of the concepts of holding and producer
Action brought on 16 March 1995 by Rene Bebin against                 within the meaning of Regulation ( EEC ) No 3950/92 ( 3 ).
       the Commission of the European Communities                     Furthermore, creating the EARL BENIN and turning it into
                                                                      a farming partnership merely constitute 'a necessary
                         ( Case T-84/95 )                             structural adaptation ' within the meaning of Regulation
                           ( 95/C 208/56 )                            ( EEC ) No 804/68 (4 ) which cannot in any way interfere with
                                                                      controlling milk production .
                (Language of the case: Frenchj
                                                                      (>) OJ  No L 90 , 31 . 3 . 1984 , p . 13 .
An action against the Commission of the European                      (2) OJ  No L 196 , 4 . 8 . 1993 , p . 16 .
Communities was brought before the Court of First                     (3) OJ  No L 405 , 31 . 12 . 1992, p. 1 .
Instance of the European Communities on 16 March 1995                 ( ) OJ  English Special Edition 1968(1 ), p. 176 .
by Rene Bebin, joint managing partner in the farming
partnership R. D. M. , resident at Le Rheu ( France ),
represented by Philippe Olive , of the Rennes Bar, with an
address for service in Luxembourg at the Chambers of
Aloyse May, 31 Grand'Rue .
                                                                      Action brought on 17 March 1995 by Bernard Laga against
The applicant claims that the Court should :                                the Commission of the European Communities
— order the Commission of the European Communities to                                            ( Case T-93/95 )
     pay to Rene Bebin, in his capacity as managing partner                                        ( 95/C 208/57 )
     of the farming partnership R. D. M. and for the
     partnership, the sum of five hundred and forty-three
     thousand eight hundred and seventy-one French francs                             (Language of the case: French)
     thirteen centimes ( FF 543 871,13 ) together with interest
     thereon to run from the date of this action and                  An action against the Commission of the European
     capitalization of the interest or its equivalent in ecus ,       Communities was brought before the Court of First