CELEX: C1998/258/54
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Second Chamber) of 7 July 1998 in Joined Cases T-116/96, T-212/96 and T-215/96: Italo Telchini and Others v Commission of the European Communities (Officials - Pensions - Weighting - Determination - Exchange rate - Retroactive adjustment)

C 258/32              EN                 Official Journal of the European Communities                                     15.8.98
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                      (Second Chamber)                                                     of 17 June 1998
                                                                    in Case T-135/96: Union EuropeÂenne de l'Artisanat et des
                        of 7 July 1998
                                                                    Petites et Moyennes Entreprises (UEAPME) v Council of
in Joined Cases T-116/96, T-212/96 and T-215/96: Italo                                 the European Union (1)
Telchini and Others v Commission of the European                    (Agreement on social policy Ð Annulment of a directive
                       Communities (1)                              Ð Whether action admissible Ð Status of management
                                                                    and labour in the process for the adoption of the directive
(Officials Ð Pensions Ð Weighting Ð Determination Ð
          Exchange rate Ð Retroactive adjustment)                          Ð Representativity of management and labour)
                                                                                            (98/C 258/55)
                        (98/C 258/54)
                                                                                   (Language of the case: French)
                (Language of the case: Italian)
                                                                    In Case T-135/96: Union EuropeÂenne de l'Artisanat et des
                                                                    Petites et Moyennes Entreprises (UEAPME), established in
                                                                    Brussels, represented by Francis Herbert and Daniel
In Joined Cases T-116/96, T-212/96 and T-215/96: Italo              Tomasevic, of the Brussels Bar, and GenevieÁve Tuts, of the
Telchini, former official of the Commission of the                  LieÁge Bar, with an address for service in Luxembourg at
European Communities, residing in Bolzano (Italy),                  the Chambers of Carlos Zeyen, 67 Rue Ermesinde,
represented by Bruno Telchini, of the Bolzano Bar, with an          supported by ConfeÂdeÂration GeÂneÂrale des Petites et
address for service in Luxembourg at the Chambers of                Moyennes Entreprises et du Patronat ReÂel (CGPME),
Becker & Cahen, 3 Rue des Foyers, Enrico Palermo,                   established in Puteaux (France), Union Professionelle
former official of the Commission of the European                   Artisanale (UPA), established in Paris, Nationaal
Communities, residing at Rome, Fabrizio Gillet, former              Christelijk Middenstandsverbond (NCMV), established in
official of the Commission of the European Communities,             Brussels,    Koninklijke     Vereniging MKB-Netherland,
residing at Rome, represented by Giuseppe Marchesini,               established in Delft (Netherlands), FeÂdeÂration des Artisans,
advocate with the right of audience before the Corte                established in Luxembourg, Confederazione Generale
Suprema di Cassazione, with an address for service in               Italiana del Artigianato (Confartigianato), established in
Luxembourg at the Chambers of Ernst Arendt, 8-10 Rue                Rome, Wirtschaftskammer Österreich, established in
Mathias Hardt, against Commission of the European                   Vienna, Bundesvereinigung der Fachverbände des
Communities (Agent: Gianluigi Valsesia), supported by               Deutschen Handwerks eV (BFH), established in Bonn
Council of the European Communities (Agents: in Case                (Germany), represented by Paul Beghin, of the
T-116/96, Diego Canga Fano, Marco-Umberto Moricca                   Luxembourg Bar, with an address for service at his
and Paolo Martino Cossu and, in Cases T-212/96 and                  Chambers, 67 Rue Ermesinde v Council of the European
T-215/96, Martin Bauer and Paolo Martino Cossu) Ð                   Union (Agent: FreÂdeÂric Anton), supported by the
first, application for annulment of the applicants' pension         Commission of the European Communities (Agent: Maria
statements in respect of the period from 1 July 1995 to             Patakia) Ð application for annulment of Council Directive
31 December 1995 inclusive, in so far as they apply with            96/34/EC of 3 June 1996 on the framework agreement on
retroactive effect the weighting fixed for Italy at 81.7 by         parental leave concluded by the Union des ConfeÂdeÂrations
Council Regulation (EC, Euratom, ECSC) No 2963/95 of                de l'Industrie et des Employeurs d'Europe (UNICE), the
18 December 1995 adjusting the remuneration of pensions             Centre EuropeÂen de l'Entreprise Publique (CEEP) and the
of officials and other servants of the European                     ConfeÂdeÂration EuropeÂenne des Syndicats (ETUC) (OJ
Communities and the weightings applied thereto (OJ L 310            L 145 of 19.6.1996, p. 4) Ð the Court of First Instance
of 22.12.1995, p. 1) and, secondly, applications for                (Fourth Chamber, Extended Composition), composed of P.
adjustment of the statements in question and a claim in             Lindh, President, R. García-Valdecasas, K. Lenaerts, J. D.
damages Ð the Court of First Instance (Second Chamber),             Cooke and M. Jaeger, Judges; A. Mair, Administrator, for
composed of A. Kalogeropoulos, President, C. W. Bellamy             the Registrar, gave a judgment on 17 June 1998, in which
and J. Pirrung, Judges; H. Jung, Registrar, gave a                  it:
judgment on 7 July 1998, in which it:
                                                                    1. Dismisses the application as inadmissible;
1. Dismisses the actions.
                                                                    2. Orders the applicant and the parties which have
                                                                         intervened in support of the form of order sought by it
                                                                         to pay the costs incurred by the Council;
2. Orders the parties to bear their own costs.
                                                                    3. Orders the Commission to bear its own costs.
(1) OJ C 370 of 7.12.1996 and C 94 of 22.3.1997.
                                                                    (1) OJ C 318 of 26.10.1996.