CELEX: C1998/299/49
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 July 1998 in Case T-111/96: ITT Promedia NV v. Commission of the European Communities (Competition - Actions for annulment - Rejection of a complaint - Article 86 of the EC Treaty - Abuse of a dominant position - Actions before national courts - Right of access to the courts - Claim for performance of an agreement - Manifest error of assessment - Obligation to carry out an examination - Error of characterisation - Inadequate statement of reasons)

26.9.98              EN                 Official Journal of the European Communities                                 C 299/31
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                          (Fifth Chamber)
                       of 17 July 1998
                                                                                          of 16 July 1998
in Case T-111/96: ITT Promedia NV v. Commission of
                the European Communities (1)                             in Case T-144/96: Y. v. European Parliament (1)
                                                                   (Officials Ð Criminal conviction Ð Disciplinary
(Competition Ð Actions for annulment Ð Rejection of a              proceedings Ð removal from post Ð Statement of reasons
complaint Ð Article 86 of the EC Treaty Ð Abuse of a                    Ð Duty to have regard for the welfare of officials)
dominant position Ð Actions before national courts Ð
Right of access to the courts Ð Claim for performance of                                   (98/C 299/50)
an agreement Ð Manifest error of assessment Ð
Obligation to carry out an examination Ð Error of                                 (Language of the case: French)
    characterisation Ð Inadequate statement of reasons)
                                                                   In Case T-144/96: Y., a former official of the European
                         (98/C 299/49)                             Parliament, residing in Brussels, represented by GeÂrard
                                                                   Collin, of the Brussels Bar, with an address for service in
                                                                   Luxembourg at Fiduciaire Myson SARL, 30, rue de
                                                                   Cessange, against the European Parliament (Agents: Hans
               (Language of the case: English)                     Krück and Hugo Vandenberghe) Ð application for the
                                                                   annulment of the disciplinary decision of the Parliament of
                                                                   19 January 1996 removing the applicant from his post Ð
                                                                   the Court of First Instance (Fifth Chamber), composed of
                                                                   J. Azizi, President, R. García-Valdecasas and M. Jaeger,
In Case T-111/96: ITT Promedia NV, established at
                                                                   Judges; H. Jung, Registrar, gave a judgment on 16 July
Antwerp (Belgium), represented by Ivo Van Bael, Peter
                                                                   1998, in which it:
L'Ecluse and Kris Van Hove, of the Brussels Bar, with an
address for service in Luxembourg at the Chambers of
Loesch & Wolter, 11, rue Goethe, against the Commission            1. dismisses the application;
of the European Communities (Agents: Wouter Wils and
Rosemary Caudwell), supported by Belgacom SA,                      2. orders the parties to bear their own costs.
established in Brussels, represented by Jules Stuyck and
subsequently by Hermann De Bauw and Paul Maeyaert,
                                                                   (1) OJ C 354, 23.11.1996.
of the Brussels Bar, with an address for service in
Luxembourg at the Chambers of Arendt & Medernach,
8Ð10 rue Mathias Hardt Ð application for annulment of
a Commission decision definitively rejecting the heads of
the applicant's complaint which allege that Belgacom SA
had initiated vexatious litigation against it before the
Belgian courts and had requested the transfer by it to               JUDGMENT OF THE COURT OF FIRST INSTANCE
Belgacom SA of its industrial and commercial know-how                                     of 16 July 1998
in accordance with contractual commitments between the
two parties, those acts allegedly constituting infringements       in Case T-156/96 Claus Jensen v. Commission of the
of Article 86 of the EC Treaty Ð the Court of First                                  European Communities (1)
Instance (Fourth Chamber, extended composition),                   (Officials Ð Pay Ð Installation allowance Ð Recovery of
composed of: P. Lindh, President, R. García-Valdecasas, K.                               undue payments)
Lenaerts, J. D. Cooke and M. Jaeger, Judges; A. Mair,
Administrator, for the Registrar, has given a judgment on                                  (98/C 299/51)
17 July 1998, in which it:
                                                                                  (Language of the case: French)
                                                                   In Case T-156/96 Claus Jensen, a former temporary
1. dismisses the application;                                      servant of the Commission of the European Communities,
                                                                   residing at Waterloo (Belgium), represented by Marc-
                                                                   Albert Lucas, of the LieÁge Bar, with an address for service
                                                                   in Luxembourg at the Chambers of Evelyne Korn, 21, rue
                                                                   de Nassau, against the Commission of the European
2. orders the applicant to bear its own costs and to pay           Communities (Agents: Julian Currall and Christine
     those incurred by the Commission and Belgacom.                Berardis-Kayser and Florence Clotuche) Ð application for
                                                                   annulment of the Commission's decision of 13 November
                                                                   1995 to recover the amount paid to the applicant by way
(1) OJ C 269, 14.9.1996.                                           of installation allowance, following termination of his
                                                                   contract as a temporary servant and, in the alternative, a
                                                                   claim for damages Ð the Court (Second Chamber),
                                                                   composed of A. Kalogeropoulos, President, and C. W.
                                                                   Bellamy and J. Pirrung, Judges; H. Jung, Registrar, gave a