CELEX: C1995/286/35
Language: en
Date: 1995-10-28 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 16 August 1995 in Case T-290/94: Kaysersberg SA v. Commission of the European Communities (Rules governing languages)

No C 286/ 14          EN                   Official Journal of the European Communities                                 28 . 10 . 95
    ORDER OF THE COURT OF FIRST INSTANCE                              H. Jung, Registrar, made the following order on 11 July
                       of 11 July 1995                                1995 , the operative part of which is as follows :
in Case T-23/90 — Article 92 and T-9/92 — Article 92 ,
Automobiles Peugeot SA and Peugeot SA v. Commission of                the total amount of the costs to be reimbursed by Peugeot to
                                                                      Eco System is fixed at FF 320 000.
               the European Communities ( J )
                      (Taxation of costs)                             (') OJ No C 129 , 24 . 5 . 1990 .
                         95/C 286/33 )
               (Language of the case: French)
                                                                           ORDER OF THE COURT OF FIRST INSTANCE
In Case T-23/90 — Article 92, Automobiles Peugeot SA and                                  of 11 September 1995
Peugeot SA, companies governed by French law and having               in Case T-286/94 : Z v. Economic and Social Committee of
their registered offices in Paris, represented by Xavier de                          the European Communities ( 1 )
Roux, of the Paris Bar, with an address for service in
Luxembourg at the Chambers of Guy Loesch, 8 Rue Zithe,                 (Officials — Promotion — Retirement — Inadmissibility)
v. Commission of the European Communities ( Agents:                                             ( 95/C 286/34 )
initially Jacques Bourgeois, then Giuliano Marenco and
Francis Herbert ), supported by Eco System SA, a company                            (Language of the case: German)
governed by French law, having its registered office in
Rouen, France, represented by Robert Collin, of the Paris             In Case T-286/94 : Z, a former official of the Economic and
Bar, and Nicolas Decker, of the Luxembourg Bar, with an               Social Committee of the European Communities, residing in
address for service in Luxembourg at the latter's Chambers,           Brussels, represented by W. G. Grupp, of the Brussels Bar,
16 Avenue Marie Therese, and Bureau Européen des Unions               with an address for service in Luxembourg at the offices of
de Consommateurs ( BEUC ), an association governed by                 Intergest, 3 Rue des Foyers, v. Economic and Social
Belgian law, having its office in Brussels, represented by            Committee of the European Communities ( Agents : Bermejo
Philip Bentley, Barrister, of Lincoln 's Inn, and Konstantinos        Garde and Denis Waelbroeck ) — application, first, for the
Adamantopolous, of the Athens Bar, with an address for                annulment of the decision of 6 October 1993 rejecting the
service in Luxembourg at the Chambers of Arsène                       applicant's application for vacancy No 61 /92 and the
Kronshagen , 12 Boulevard de la Foire, and by the United              implied rejection of his complaint and, second, for an order
Kingdom Government ( Agent: Hussein A. Kaya ),                        requiring the Economic and Social Committee to pay him
application for taxation of the costs to be reimbursed by the         compensation for the damage allegedly suffered by him —
applicants to the intervener Eco System SA following the              the Court of First Instance (Third Chamber ), composed of J.
order made on 2 1 May 1 990 by the President of the Court of          Biancarelli, President, and C. P. Briët and C. W. Bellamy,
First Instance on an application for interim measures in Case         Judges; made an order on 11 September 1995 , the operative
T-23/90 R [ 1991 ] ECR 11-195 and the judgment of the                 part of which is as follows:
Court of First Instance ( First Chamber ) of 12 July 1991 in
Case T-23/90 [ 1991 ] ECR 11-653 , and in Case T-9/92 —                1 . the    application       is    dismissed as   manifestly
Article 92 , Automobiles Peugeot SA and Peugeot SA,                        inadmissible;
companies governed by French law and having their
registered offices in Paris, represented by Xavier de Roux, of        2 . the parties are ordered to bear their own costs.
the Paris Bar, with an address for service in Luxembourg at
the Chambers of Guy Loesch, 8 Rue Zithe, v. Commission                 (') OJ No C 316 , 12 . 11 . 1994 .
 of the European Communities ( Agents : Giuliano Marenco
 and Francis Herbert ), supported by Eco System SA, a
 company governed by French law, having its registered
 office in Rouen, France, represented by Robert Collin, of the
 Paris Bar, and Nicolas Decker, of the Luxembourg Bar, with                ORDER OF THE COURT OF FIRST INSTANCE
 an address for service in Luxembourg at the latter's
 Chambers, 16 Avenue Marie Therese, and Bureau Européen                                      of 16 August 1995
 des Unions de Consommateurs ( BEUC ), an association                  in Case T-290/94 : Kaysersberg SA v. Commission of the
 governed by Belgian law, having its office in Brussels,                                 European Communities (')
 represented by Philip Bentley, Barrister, of Lincoln's Inn,                            (Rules governing languages)
 and Konstantinos Adamantopolous, of the Athens Bar, with
 an address for service in Luxembourg at the Chambers of                                         ( 95/C 286/35 )
 Arsène Kronshagen, 12 Boulevard de la Foire, application
 for taxation of the costs to be reimbursed by the applicants                         (Language of the case: French)
 to the intervener Eco System SA following the judgment of
 the Court of First Instance ( Second Chamber ) of 22 April            In Case T-290/94 : Kaysersberg SA, established in
 1993 in Case T-9/92 [ 1993 ] ECR 11-493 , the Court of                Kaysersberg ( France ), represented by Dominique Voillemot
 First Instance ( First Chamber, Extended Composition ),               and Jacques-Philippe Gunther, of the Paris Bar, with an
 composed of J. L. Cruz Vilaça , President, D. P. M.                   address for service in Luxembourg at the chambers of
 Barrington, A. Saggio, H. Kirschner and V. Tiili , Judges;            Jacques Loesch, 11 Rue Goethe, v. Commission of the
 ---pagebreak--- 28 . 10 . 95           KN                  Official Journal of the European Communities                                 No C 286/ 15
European Communities ( Agents : Francisco Gonzalez Diaz               Pleas in law and main arguments adduced in support:
and Géraud de Bergues ) — application for the annulment of
Commission Decision 94/893/EC of 21 June 1994 declaring               The applicant, who is employed by the United Kingdom
a concentration to be compatible with the common market               Atomic Energy Authority ( UKAEA ) and the JET Joint
and the functioning of the EEA Agreement ( IV/M.430 —                 Undertaking, as a senior member of the JET project team, as
Procter & Gamble/VP Schickedanz ( II ), OJ No L 354, p. 32 )          well as one of the applicants in Case T- 177/94 Altmann and
— the Court of First Instance ( First Chamber, Extended               Others, challenges the Commission's decision refusing him
Composition ), composed of J. L. Cruz Vilaça , President,             the possibility of changing his employment from the
and D. P. M. Barrington , A. Saggio , H. Kirschner and A.             UKAEA to the Commission itself, in accordance with
Kalogeropoulos , Judges ; H. Jung, Registrar, has made an             Article 8 of the JET Statutes .
order on 16 August 1995 , in which it :
                                                                      The current application derives from the requirement,
 1 . rejects the request by Procter & Gamble GmbH for a               imposed by that article, that where staff are 'made available
     derogation from the rules governing languages in so far          by the Members of the JET Joint Undertaking other than the
     as it concerns the written procedure;                            host organization' and 'recruited by the Commission for
                                                                      temporary posts' the member in question ' shall undertake to
2 . grants the request of Procter & Gamble GmbH to use                re-employ the staff whom it placed at the disposal of the
     English in the oral procedure;                                   Project (. . .) as soon as the work of such staff on the Project
                                                                      has been completed'. This requirement having been
3.   reserves its decision as to costs .                              systematically interpreted by the Commission to mean that
                                                                      all temporary employees of the Commission working at JET
(') O J No C 316 , 12 . 11 . 1994 .                                   are required to obtain a 'return ticket' from a member of JET
                                                                      other than UKAEA, the applicant has now obtained a
                                                                      ' return ticket ' from the Swedish National Science Research
                                                                      Council , a member of JET, via an offer of employment from
                                                                      the Swedish Royal Institute of Technology .
Action brought on 7 April 1995 by Peter Esmond Stott                  It is fundamental to the applicant's case that since 1987 the
   against the Commission of the European Communities                 Commission, and the JET management generally, have
                         ( Case T-99/95 )                             failed to take any proper account of their obligations
                           ( 95/C 286/36 )                            towards the UKAF1A employees of JET and have in fact
                                                                      acted deliberately against the interests of those persons, so
                                                                      that this application raises issues closely related to those
                (Language of the case: English)                       raised in Case T-177/94 Altmann and Others .
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 7 April 1995 by
Peter Esmond Stott, represented by Kenneth Parker and
Rhodri Thompson , with an address for service in
Luxembourg at the Cabinet Elvinger, Hoss and Prussen, 15              Action brought on 8 August 1995 by LPN — Liga para a
Cote d'Eich .                                                         Protecção da Natureza, and by GEOTA — Grupo de
                                                                      Estudos do Ordenamento do Territorio e do Ambiente,
                                                                         against the Commission of the European Communities
The applicant claims that the Court should :
                                                                                              ( Case T-155/95 )
— annul the Commission 's decision of 28 December 1994                                          ( 95/C 286/37 )
     addressed to the applicant,
                                                                                     (Language of the case: Portuguese)
— order the Commission to direct the Director of the JET
     Joint Undertaking to take steps necessary to enable the
     applicant to become a temporary employee of the                  An action against the Commission of the European
     Commission in accordance with Article 8 ( 5 ) of the              Communities was brought before the Court of First
     Statutes of the JET Joint Undertaking without requiring          Instance of the European Communities on 8 August 1995 by
     the applicant first to vacate his current post at JET or to       LPN — Liga para a Protecção de Natureza, whose registered
     apply for any other post at JET,                                 office is at 187 Estrada do Calhariz de Benfica , Lisbon,
                                                                      represented by Agostinho Pereira de Miranda, Rui
— order the Commission to pay compensation to the                     Amendoeira and Paula Gomes Freire, of the Lisbon Bar, and
     applicant in relation to the difference in his terms and         whose chambers are at 27 Ave. Antonio de Aguiar, 2nd Floor
     conditions of employment resulting from the failure of            Rt. , Lisbon, and by GEOTA — Grupo de Estudos do
     the Director of JET to act on the letter addressed to the         Ordenamento do Territorio e do Ambiente, whose
     JET Director from the applicant dated 16 May 1994 ,               registered office is at 17 — c/v Rt., Travessa Moinho de
     and                                                               Vento, Lisbon, represented by Jose Cunhal Sendim, of the
                                                                       Lisbon Bar, and whose chambers are at 10, Ave . Afonso
— order the Commission to pay the applicant's costs .                  Costa , 11 th Floor Rt. , Lisbon.