CELEX: C1998/166/38
Language: en
Date: 1998-05-30 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 24 March 1998 in Case T-175/94 (92):International Procurement Services SA v Commission of the European Communities (Taxation of costs)

C 166/14             EN                 Official Journal of the European Communities                                   30.5.98
                                                  COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          BeÂreldange (Luxembourg), represented initially by Alain
                      of 31 March 1998                             Levy, of the Paris Bar, and subsequently by Jean-NoeÈl
                                                                   Louis, of the Brussels Bar, with an address for service in
in Case T-129/96: Preussag Stahl AG v Commission of the            Luxembourg at the offices of Fiduciaire Myson, 30 Rue de
                  European Communities (1)                         Cessange, v Court of Justice of the European Communities
(State aid to the steel industry Ð Notification of planned         (Agents: Timothy Millett and Aloyse May) Ð application
aid Ð Expiry of the validity of the relevant provisions of         for annulment of the decision of the Court of Justice of
the ECSC Aid Code Ð Grant of the planned aid Ð                     11 July 1996 suspending the procedure for filling one of
Decision finding the aid to be incompatible and ordering           the three positions declared vacant by vacancy notice
         its repayment Ð Legitimate expectations)                  CJ 91/95, as confirmed by the decision of 10 December
                                                                   1996 expressly rejecting the complaint lodged by the
                        (98/C 166/36)                              applicant against the first decision, for the destruction of
                                                                   an alleged parallel file and for payment of BFR 1 000 000
               (Language of the case: German)                      by way of compensation for the non-material damage
                                                                   suffered Ð the Court of First Instance (Fourth Chamber),
In Case T-129/96: Preussag Stahl AG, established in                composed of P. Lindh, President, and K. Lenaerts and J. D.
Salzgitter (Germany), represented by Jochim Sedemund,              Cooke, Judges; A. Mair, Administrator, for the Registrar,
Rechtsanwalt, Berlin, with an address for service in               has given a judgment on 24 April 1998, in which it:
Luxembourg at the Chambers of Aloyse May, 31 Grand-
Rue, supported by Federal Republic of Germany (Agents:
Ernst Röder, Bernd Kloke, Holger Wissel and Oliver                 1. Dismisses the action;
Axster), against Commission of the European
Communities (Agents: Dimitris Triantafyllou and Paul
Nemitz) Ð application for the annulment of Commission              2. Orders the parties to bear their own costs.
Decision 96/544/ECSC of 29 May 1996 concerning State
aid to Walzwerk Ilsenburg GmbH (OJ L 233 of
                                                                   (1) OJ C 181 of 14.6.1997.
14.9.1996, p. 24) Ð the Court of First Instance (Third
Chamber, Extended Composition), composed of: V. Tiili,
President, C. P. BrieÈt, K. Lenaerts, A. Potocki and J. D.
Cooke, Judges; A. Mair, Administrator, for the Registrar,
has given a judgment on 31 March 1998, in which it:
1. Dismisses the application;
                                                                        ORDER OF THE COURT OF FIRST INSTANCE
2. Orders the applicant to bear its own costs and those                                  of 24 March 1998
    of the Commission;
                                                                   in Case T-175/94 (92):International Procurement Services
                                                                        SA v Commission of the European Communities (1)
3. Orders the Federal Republic of Germany to bear its
    own costs.                                                                           (Taxation of costs)
                                                                                           (98/C 166/38)
(1) OJ C 318 of 26.10.1996.
                                                                                  (Language of the case: French)
                                                                   In Case T-175/94 (92): International Procurement Services
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          SA, established in Brussels, represented by Peter de Troyer,
                       of 2 April 1998                             of the Oudenaarde Bar, and Lydie Lorang, of the
                                                                   Luxembourg Bar, with an address for service in
in Case T-86/97: ReÂa Apostolidis v Court of Justice of the
                                                                   Luxembourg at the latter's Chambers, 6 Rue Heine, v
                  European Communities (1)
                                                                   Commission of the European Communities (Agent:
(Officials Ð Suspension of promotion procedure Ð                   EÂtienne Lasnet) Ð application for taxation of costs made
                  Disciplinary proceedings)                        pursuant to the judgment delivered by the Court of First
                                                                   Instance on 11 July 1996 in Case T-175/94 International
                        (98/C 166/37)
                                                                   Procurement Services SA v Commission [1996] ECR II-
                                                                   729 Ð the Court of First Instance (Fifth Chamber),
                (Language of the case: French)                     composed of J. Azizi, President, and R. García-Valdecasas
                                                                   and M. Jaeger, Judges; H. Jung, Registrar, made an order
In Case T-86/97: ReÂa Apostolidis, an official of the Court        on 24 March 1998, the operative part of which is as
of Justice of the European Communities, residing at                follows:
 ---pagebreak--- 30.5.98               EN                Official Journal of the European Communities                                 C 166/15
The total amount of the costs to be reimbursed by                  According to the applicant, by the clearly indadequate and
International Procurement Services SA to the Commission            insufficient measures adopted, the Community breached
shall be FF 50 000.                                                the general principles of equal treatment, protection of
                                                                   legitimate expectations, legal certainty, proportionality
(1) OJ C 174 of 25.6.1994.                                         and non-discrimination.
                                                                   In the applicant's view, the adoption of such measures so
                                                                   completely unrelated to circumstances in Portugal is
                                                                   tantamount to a total failure to take account of the
                                                                   situation there. By not taking account of the specific
Action brought on 15 December 1997 by Hermínia
                                                                   conditions affecting Portuguese customs officials, the
Fernanda dos Santos Morais Antas against Council of the
                                                                   Community did not act in such a way as to ensure that
     European Union and Commission of the European
                                                                   the damage caused to them was compensated, by way of
                         Communities
                                                                   more flexible rules, in the same way as that suffered by
                       (Case T-316/97)                             officials in northern European countries. In view of the
                        (98/C 166/39)                              conditions affecting their work as customs officials, which
                                                                   differ greatly from those affecting Portuguese conditions,
                                                                   the latter were able to take full advantage of some of the
             (Language of the case: Portuguese)                    measures put in place and thus gained a competitive
                                                                   advantage in the market by means of the Community
An action against the Council of the European Union and            funds from which they were able to benefit.
the Commission of the European Communities was
brought before the Court of First Instance of the European
Communities on 15 December 1997 by Hermínia                        Furthermore, by requiring the applicant to maintain its
Fernanda dos Santos Morais Antas, residing at Vila Nova            professional organization fully in force in order to carry
de Gaia, represented by Cristina Ferreira, Francisco               out its duties until 31 December 1992, the Community did
Espregueira Mendes, Teresa Fonseca and Rui GuimaraÄes              not enable the organization to be dismantled or retrained
Lopes, of the Oporto Bar.                                          timeously in view of the circumstances of the single
                                                                   market and, secondly, fed' its hopes that its inglorious
The applicant claims that the Court should:                        efforts would be rewarded'.
Ð declare the Council and the Commission jointly and
    severally liable, pursuant to Articles 215 and 178 of          Finally, the applicant states that, although the Single Act
    the EC Treaty, for the damage caused by virtue of the          constitutes an overriding Community interest, that does
    transitional and training measures necessary in the            not justify customs officials, including the applicant,
    sector to which the applicant belongs;                         having inflicted upon them damage which is undeniably
                                                                   abnormal and specific without providing for them
                                                                   transitional and training measures which might be
Ð order the Council and the Commission jointly and                 considered adequate.
    severally to pay ESC 3 126 768 by way of
    compensation for the abovementioned damage,
    together with the interest accrued, at the rate of 10 %,
    as prescribed by law, from the date of the summons to
    the date on which payment is actually made;
Ð order the Council and the Commission to pay the                  Action brought on 15 December 1997 by David Manuel
    costs.                                                         de Abreu and Others against Council of the European
                                                                      Union and Commission of the European Communities
Pleas in law and main arguments:                                                   (Cases T-317/97 to T-508/97)
From 31 December 1992, the applicant was employed as                                       (98/C 166/40)
a customs agent in the Oporto Customs Authority area.
She claims to have suffered abnormal, particular and
direct damage as a result of the progressive realization of                     (Language of the case: Portuguese)
the internal market, established by the Single European
Act. The applicant points out that the causal factor of the
damage is not held to be, in the present action, the Single        An action against the Council of the European Union and
Act itself but the fact that the Community institutions did        the Commission of the European Communities was
not fulfil their obligation under the Single European Act,         brought before the Court of First Instance of the European
namely the obligation to introduce the appropriate                 Communities on 15 December 1997 by David Manuel de
compensatory and transitional measures for the retraining          Abreu and Others, residing in Portugal, represented by
of customs agent in view of the new Community                      Cristina Ferreira, Francisco Espregueira Mendes, Teresa
circumstances.                                                     Fonseca and Rui GuimaraÄes Lopes, of the Oporto Bar.