CELEX: C1996/247/23
Language: en
Date: 1996-08-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 6 June 1996 in Case T-262/94: Jean Baiwir v. Commission of the European Communities (Officials - Plea of illegality - Consistency between the complaint and the application - New method of assessing career profiles for Categories B, C and D at the Commission - List of officials considered most deserving of promotion - Articles 5 (3) and 45 of the Staff Regulations - Principle of non-discrimination - Manifest errors of assessment of fact and law - Action for damages)

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:
 ---pagebreak---  No C 247/ 12          EN                  Official Journal of the European Communities                                 24 . 8 . 96
  1 . the application is rejected;                                    Hemau , represented by Hartwig Schneider, Rechtsanwalt, 8
                                                                      Pacellistraße, Munich, against Commission of the European
 2 . each of the parties will bear its own costs.                     Communities ( Agents : Ulrich Wölker and Claudia Schmidt )
                                                                      — application for the annulment of Commission Regulation
 (') OJ No C 275 , 1 . 10 . 1994 .                                    ( EEC ) No 525/93 of 8 March 1993 establishing the value of
                                                                      the final regional reference amounts for producers of soya
                                                                      beans, rape seed, colza seed and sunflower seed for the
                                                                       1992/93 marketing year ( OJ No L 56 , 1993 , p. 18 ) — the
                                                                      Court of First Instance of the European Communities
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             ( Second Chamber, Extended Composition ), composed of
                         of 6 June 1996                               H. Kirschner, President, and B. Vesterdorf, C. W. Bellamy,
 in Case T-391/94 : Jean Baiwir v. Commission of the                  A. Kalogeropoulos and A. Potocki , Judges; H. Jung,
                   European Communities ( 1 )                         Registrar, gave a judgment on 10 July 1996 , in which it :
 (Officials — Act adversely affecting an official —                   I. dismisses the application as inadmissible;
  Time-limits under the Staff Regulations — Inadmissibility
                    — Action for damages).                            2 . orders the applicants jointly and severally to pay the
                           ( 96/C 247/24 )                                 costs .
                (Language of the case: French)                        (') OJ No C 177, 29 . 6 . 1993 .
 In Case T-391 /94 : Jean Baiwir, an official of the
 Commission of the European Communities , residing at
 Court-Saint-Etienne ( Belgium ), represented by Georges
 Vandersanden, of the Brussels Bar, with an address for
 service in Luxembourg at the offices of Fiduciaire Myson             JUDGMENT OF THE COURT OF FIRST INSTANCE
 Sari , 1 Rue Glesener v. Commission of the European                                         of 11 July 1996
 Communities ( Agents : first, Joseph Griesmar, then Julian
 Currall, assisted by Denis Waelbroeck ) — application for           in Joined Cases T-528/93 , T-542/93 , T-543/93' and
 annulment of the memorandum of 12 February 1993 from                T-546/93 : Métropole Télévision SA and Others v.
the Head of Unit IX . A. 6 of the Commission, purporting to                  Commission of the European Communities ( 1 )
classify the applicant as 'cross-category' for the purposes of        (Competition — Decisions of associations of undertakings
the 1 993 promotions within the career bracket, and also for         — Agreements between undertakings — Exemption
an order that the applicant be reinstated in his career as an                                      decision)
official in Grade B 4/2 with retroactive effect from 1 January                                 ( 96/C 247/26 )
 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.                    (Languages of the case: Spanish, French and Italian)
Cooke, Judges; B. Pastor, Principal Administrator, for the
Registrar, gave a judgment on 6 June 1996 , the operative            In Joined Cases T-528/93 , T-542/93 , T-543/93 and
part of which is as follows :                                        T-546/93 : Métropole Television SA, established in Paris,
                                                                     represented by Pierre Deprez, Philippe Dian and , at the
 1 . the application is dismissed as inadmissible;                   hearing, by Didier Théophile, all of the Paris Bar, with an
                                                                     address for service in Luxembourg at the Chambers of
2 . each of the parties will bear its own costs.                     Aloyse May, 31 Grand-Rue , Reti Televisive Italiana SpA,
                                                                     established in Rome, represented by Carlo Mezzanotte and
(') OJ No C 392 , 31 . 12 . 1994 .
                                                                     Giovanni Motzo, of the Rome Bar, and Aurelio Pappalardo,
                                                                     of the Trapani Bar, and, at the hearing, by Massimo Merola ,
                                                                     of the Trapani Bar, with an address for service in
                                                                     Luxembourg at the Chambers of Alain Lorang, 51 Rue
                                                                     Albert Ier , supported by Sociedade Independente de
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             Comunicação SA ( SIC ), established at Linda-a-Velha
                        of 10 July 1996                              ( Portugal ), represented by Carlos Botelho Moniz, of the
       in Case T-482/93 : Martin Weber and Others v.                 Lisbon Bar, with an address for service in Luxembourg at
        Commission of the European Communities ( 1 )                 the Chambers of Carole Kerschen , 31 Grand-Rue,
                                                                     Gestevisión Telecinco SA, established in Madrid ,
(Common agriculturalpolicy — Support system for oilseeds             represented by Santiago Munoz Machado, of the Madrid
— Regulations (EEC) Nos 3766/91 and 525/93 — Actions                 Bar, with an address for service in Luxembourg at the
        for annulment of measures — Inadmissibility)                 Chambers of Carlos Amo Quinones, 2 Rue Gabriel
                          ( 96/ C 247/25 )                           Lippmann , and Antena 3 de Television , established in
                                                                     Madrid , represented by Fernando Pombo Garcia , Ricardo
               (Language of the case: German)                        Garcia Vicente , Emiliano Garayar Gutierrez and Maria
                                                                     Luisa Tierno Centella , of the Madrid Bar, with an address
In Case T-482/93 : Martin Weber and Maria Weber, residing            for service in Luxembourg at the Chambers of Claude
at Hemau ( Germany ), Martin Weber GdbR , established at             Wassenich , 6 Rue Dicks, against Commission of the