CELEX: C1998/378/33
Language: en
Date: 1998-12-05 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE (First Chamber) of 12 October 1998 in Case T-235/97: Franco Campoli v. Commission of the European Communities (Officials - Judgment of the Court of First Instance - Application for review of classification in grade - Plea of inadmissibility - New material fact - Admissibility)

C 378/18             EN                  Official Journal of the European Communities                                     5.12.98
protected designation of origin Altenburger Ziegenkäse'            Action brought on 21 August 1998 by Takis Ageladarakis
for too large a geographical area Ð the Court of                    and Others against the Commission of the European
First Instance (Second Chamber), composed of: A.                        Communities and the Council of the European Union
Kalageropoulos, President, and C. W. Bellamy and J.                                          (Case T-137/98)
Pirrung, Judges; H. Jung, Registrar, has given an order on
15 September 1998, in which it:                                                               (98/C 378/34)
1. Dismisses the application as inadmissible;                                         (Language of the case: English)
2. Orders the applicants to bear their own costs and to             An action against the Commission of the European
     bear jointly and severally the costs of the Commission         Communities and the Council of the European Union was
     and the intervening party, Molkerei und Weichkäserei           brought before the Court of First Instance of the European
     K.-H. Zimmermann GmbH;                                         Communities on 21 August 1998 by Takis Ageladarakis,
                                                                    represented by Kenneth Parker QC and Rhodri
                                                                    Thompson, Monckton Chambers, 4 Raymond Buildings,
3. Orders Freistaat Thüringen to bear its own costs.                Gray's Inn, London WC1R 5BP, United Kingdom.
(1) OJ C 199, 28.6.1997.                                            The applicant claims that the Court should:
                                                                    Ð make a declaration that the rejection of the applicants'
                                                                         complaint whereby the Commission and Council failed
                                                                         to take any specific measures vis-aÁ-vis the applicants
                                                                         to implement the judgment of the Court in Joined
      ORDER OF THE COURT OF FIRST INSTANCE                               Cases T-177/94 and T-377/94 Altmann et al. v.
                       (First Chamber)                                   Commission of 12 December 1996 is unlawful and a
                                                                         service-related fault for which the Commission and
                     of 12 October 1998                                  Council are liable;
in Case T-235/97: Franco Campoli v. Commission of the
                  European Communities (1)                          Ð order that the Commission and Council pay the
                                                                         applicants the individual sums set out in the Schedule
(Officials Ð Judgment of the Court of First Instance Ð
                                                                         attached to the Application at Annex 7 hereto,
Application for review of classification in grade Ð Plea of
                                                                         modified to the date of judgment; and, in the event
    inadmissibility Ð New material fact Ð Admissibility)
                                                                         that no order is made in respect of the applicants'
                        (98/C 378/33)                                    liability for United Kingdom taxation on such sums;
                (Language of the case: Italian)                          such further som as may represent:
                                                                         (i) the sum payable by the applicants in respect of
In Case T-235/97: Franco Campoli, an official of the
                                                                              United Kingdom taxation, the quantification of
Commission of the European Communities, residing in
                                                                              such sums being adjourned pending negotiation
Brussels, represented by Sergio Diana, of the Cagliari and
                                                                              between the parties and the United Kingdom tax
Brussels Bars, 205 Rue Belliard, Brussels, against the
                                                                              authorities; alternatively
Commission of the European Communities (Agent:
Gianluigi Valsesia) Ð application for annulment, first, of
the Commission's Decision of 16 October 1996 rejecting                   (ii) the actual liabilities for which the applicants are
the applicant's application for a review of his classification                liable to the United Kingdom tax authorities, the
and, second, of the Commission's Decision of 29 April                         Council and Commission being liable to indemnify
1997 rejecting the complaint against the Decision of                          the applicants in respect of any such contingent
16 October 1996 Ð the Court of First Instance (First                          liability; and
Chamber), composed of: B. Vesterdorf, President, J.
Pirrung and M. Vilaras, Judges; H. Jung, Registrar, made            Ð order that the Council and Commission bear the costs
an order on 12 October 1998, the operative part of which                 of the proceedings.
is as follows:
                                                                    Pleas in law and main arguments adduced in support:
1. The application is dismissed as inadmissible.
                                                                    The pleas in law and main arguments are identical to
2. The parties shall bear their own costs.                          those raised in Case T-30/98 (1).
(1) OJ C 318, 18.10.1997.                                           (1) OJ C 184, 13.6.1998, p. 11.