CELEX: C2000/316/38
Language: en
Date: 2000-11-04 00:00:00
Title: Judgment of the Court of First Instance of 19 September 2000 in Case T-252/97: Anton Dürbeck GmbH v Commission of the European Communities (Bananas — Imports from ACP States and third countries — Request for additional import licences — Case of hardship — Transitional measures — Article 30 of Regulation (EEC) No 404/93 — Limitation of damage — Action for annulment)

4.11.2000              EN                     Official Journal of the European Communities                                      C 316/21
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                               of 12 September 2000
                      of 19 September 2000
                                                                         in Case T-259/97: Rui Teixeira Neves against the Court of
                                                                                    Justice of the European Communities (1)
in Case T-252/97: Anton Dürbeck GmbH v Commission
               of the European Communities (1)                           (Officials — Duty to act in good faith and maintain the
                                                                         dignity of the office — Principle of the separation of powers
                                                                         — Freedom of association — Disciplinary measures —
(Bananas — Imports from ACP States and third countries                                                 Sanction)
— Request for additional import licences — Case of hardship
— Transitional measures — Article 30 of Regulation                                                 (2000/C 316/39)
(EEC) No 404/93 — Limitation of damage — Action for
                            annulment)                                                     (Language of the case: Portuguese)
                                                                         In Case T-259/97: Rui Teixeira Neves, represented by Adriano
                         (2000/C 316/38)                                 Encarnação, of the Oporto Bar, with an address for service in
                                                                         Luxembourg at the applicant’s address, 100 Rue de Steinsel,
                                                                         L-7254 Bereldange, against the Court of Justice of the European
                                                                         Communities (Agents: Initially T. Millett, subsequently
                   (Language of the case: German)                        M. Schauss and F. Ferreira Pinto) — first, an action for
                                                                         annulment of the decision of the Court of Justice of 20 January
                                                                         1997 imposing on the applicant the disciplinary sanction of
In Case T-252/97: Anton Dürbeck GmbH, established in                     relegation in step and, secondly, an action for damages seeking
Frankfurt am Main (Germany), G. Meier, Rechtsanwalt, Colog-              an order against the defendant requiring it to make good the
ne, Berrenrather Straße 313, Cologne (Germany) v Com-                    non-material damage allegedly suffered as a result of that
mission of the European Communities (Agents: K.-D. Bor-                  decision — the Court of First Instance (Fourth Chamber),
chardt and H. van Vliet), supported by Kingdom of Spain                  composed of V. Tiili, President, R.M. Moura Ramos and
(Agent: R. Silva de Lapuerta) and by French Republic (Agents:            P. Mengozzi, Judges; H. Jung, Registrar, gave a judgment on
K. Rispal-Bellanger and C. Vasak) — application for partial              12 September 2000, in which it:
annulment of the Commission decision of 10 July 1997 on                  1.    dismisses the application.
the adoption of transitional measures in favour of the applicant
within the framework of the common organisation of the                   2.    orders each party to bear its own costs.
market in bananas — the Court of First Instance (Fifth
Chamber), composed of: R. Garcı́a-Valdecasas, President,
P. Lindh and J.D. Cooke, Judges; G. Herzig, Administrator, for           (1) OJ 1997 C 357.
the Registrar, has given a judgment on 19 September 2000, in
which it:
1.    Dismisses the application;
                                                                             JUDGMENT OF THE COURT OF FIRST INSTANCE
2.    Orders the applicant to bear its own costs and pay those                                 of 20 September 2000
      incurred by the Commission;
                                                                         in Case T-261/97 Eleonore Orthmann v Commission of
                                                                                          the European Communities (1)
3.    Orders the Kingdom of Spain and the French Republic to bear
      their own costs.                                                   (Officials — Scientific or technical services — Advancement
                                                                         from Category B to Category A — Interest in bringing
                                                                                                     proceedings)
(1) OJ C 357 of 22.11.97.
                                                                                                   (2000/C 316/40)
                                                                                             (Language of the case: Italian)
                                                                         In Case T-261/97: Eleonore Orthmann, an official of the
                                                                         Commission of the European Communities, posted to the