CELEX: C1998/055/51
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 December 1997 in Case T-178/94: Asociación Telefónica de Mutualistas (ATM) v. Commission of the European Communities (State aid - Reduction in social charges - Closure of the file on the complaint - Interest in bringing proceedings - Inadmissibility)

20.2.98               EN                  Official Journal of the European Communities                                   C 55/25
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Berrisch) and Commission of the European Communities
                    of 18 December 1997                              (Agents: Eric White and Claus-Michael Happe) Ð
                                                                     application for taxation of costs following the judgment of
in Case T-178/94: Asociación Telefónica de Mutualistas               the Court of 18 September 1995 in Case T-167/94: Nölle
  (ATM) v. Commission of the European Communities (1)                v. Council and Commission [1995] ECR II-2589 Ð the
(State aid Ð Reduction in social charges Ð Closure of the            Court of First Instance (Second Chamber, Extended
file on the complaint Ð Interest in bringing proceedings             Composition), composed of: A. Kalogeropoulos, President,
                      Ð Inadmissibility)                             C. P. BrieÈt, C. W. Bellamy, A. Potocki and J. Pirrung,
                                                                     Judges; H. Jung, Registrar, has made an order on
                         (98/C 55/51)                                12 December 1997, the operative part of which is as
                                                                     follows:
                (Language of the case: Spanish)
                                                                     The total amount of the costs to be reimbursed by the
In Case T-178/94: Asociación Telefónica de Mutualistas               applicant to the Council, including the costs incurred by
(ATM), established in Madrid, represented by Juan                    the parties for the purpose of the present proceedings, is
Eugenio Blanco Rodríguez and Bernardo Vicente                        fixed at DEM 20 000.
HernaÂndez Bataller, of the Madrid Bar and by Lydie
Lorang, of the Luxembourg Bar, with an address for
                                                                     (1) OJ C 222, 18.8.1993.
service in Luxembourg at the Chambers of AndreÂ
SeÂreÂbriacoff, 11 rue Goethe, against Commission of the
European Communities (Agents: during the written
procedure initially by Francisco Enrique GonzaÂlez Diaz
and Michel Nolin, then by Francisco Santaolalla and
Michel Nolin, and during the oral procedure by Fernando
Castillo de la Torre) Ð application for annulment of the             Action brought on 17 September 1997 by Kurt Giegerich
Commission's decision, communicated to the Asociación                   against the Commission of the European Communities
Telefónica de Mutualistas by the Commission's letter                                       (Case T-253/97)
No D/30508 of 15 February 1994, to close the file on the
complaint lodged by that association objecting to the State                                   (98/C 55/53)
aid allegedly received by a public limited company,
CompanÄía Telefónica de EspanÄa SA Ð the Court of First                             (Language of the case: German)
Instance (First Chamber, Extended Composition),
composed of: A. Saggio, President, A. Kalogeropoulos, V.             An action against the Commission of the European
Tiili, R. M. Moura Ramos and J. Pirrung, Judges; B.                  Communities was brought before the Court of First
Pastor, Principal Administrator, for the Registrar, has given        Instance of the European Communities on 17 September
a judgment on 18 December 1997, in which it:                         1997 by Kurt Giegerich, residing at Osmate/VA (Italy),
                                                                     represented by Bernd Potthast, Hans-Josef Rüber and
1. dismisses the application as inadmissible;                        Albert Potthast, Rechtsanwälte, Cologne, with an address
                                                                     for service in Luxembourg at the Chambers of Ernest
2. orders the applicant to bear its own costs and to pay             Arendt, 8Ð10 rue Mathias Hardt.
      those of the Commission.
                                                                     The applicant claims that the Court should:
(1) OJ C 174, 25.6.1994.
                                                                     Ð annul the defendant's decision of 18 October 1996,
                                                                     Ð order the defendant to pay to the applicant
                                                                         compensation for the damage suffered by him as a
      ORDER OF THE COURT OF FIRST INSTANCE                               result of his not having been promoted to grade A 3
                                                                         with effect from 25 March 1991, in the form of a sum
                    of 12 December 1997                                  representing the difference between the levels of
in Case T-167/94 (92): Detlef Nölle v. Council of the                    remuneration payable to grade A 4 officials and
European Union and Commission of the European                            grade A 3 officials for the period from April 1991 to
                       Communities (1)                                   date, and declare, as regards the future, that an
                                                                         adjustment should be made to compensate for the
                      (Taxation of costs)
                                                                         corresponding damage arising from the receipt by the
                         (98/C 55/52)                                    applicant of a smaller pension and the possible receipt
                                                                         by his wife of a smaller widow's pension,
                (Language of the case: German)
                                                                     Ð alternatively, order the defendant to pay to the
In Case T-167/94 (92): Detlef Nölle, trading as Eugen                   applicant compensation for the damage suffered by
Nölle', of Remscheid (Germany), represented by Frank                     him as a result of his not having been promoted to
Montag and Hans-Joachim Prieû, Rechtsanwälte, Brussels,                  grade A 3 with effect from 1 November 1995,
against Council of the European Union (Agents: Jorge                     covering his period of active employment and the
Monteiro, Jürgen Huber, Hans-Jürgen Rabe and Georg M.                    period during which he is in receipt of his pension and