CELEX: C1997/252/57
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 9 July 1997 in Case T-455/93: Hedley Lomas (Ireland) Ltd and Others v. Commission of the European Communities (Agriculture - Common organization of the market in the sheepmeat and goatmeat sector - Variable slaughter premium for sheep - Conditions for reimbursement of clawback - Principle of legal certainty - Principle of protection of legitimate expectations - Principle of proportionality)

No C 252/26           \ EN                 Official Journal of the European Communities                                  16 . 8 . 97
Spandre, of the Brussels Bar, with an address for service in          2 . orders the parties to bear their own costs.
Luxembourg at the Chambers of Pierre Thielen, 21 Rue
de Nassau, against Commission of the European                          (') OJ No C 133 , 4. 5 . 1996 .
Communities (Agent: Etiene Lasnet) — application under
Article 178 and the second paragraph of Article 215 of
the EC Treaty for compensation for the damage allegedly
suffered by the applicant in connection with a programme
financed by the European Development Fund — the Court
of First Instance ( First Chamber), composed of: A. Saggio,
President, V. Tiili and R. M. Moura Ramos, Judges; J.                    JUDGMENT OF THE COURT OF FIRST INSTANCE
Palacio Gonzalez, Administrator, for the Registrar, has                                          of 9 July 1997
given a judgment on 25 June 1997, in which it:
                                                                      in Case T-455/93 : Hedley Lomas (Ireland) Ltd and Others
                                                                             v. Commission of the European Communities (')
 1 . dismisses the application;                                        (Agriculture — Common organization of the market in
                                                                       the sheepmeat and goatmeat sector — Variable slaughter
                                                                      premium for sheep — Conditions for reimbursement of
2 . orders the defendant to pay the costs.                            clawback — Principle of legal certainty — Principle of
                                                                      protection of legitimate expectations — Principle of
                                                                                                proportionality)
0 ) OJ No C 95 , 30 . 3 . 1996 .
                                                                                                 ( 97/C 252/57 )
                                                                                      (Language of the case: English)
                                                                      In Case T-455/93 : Hedley Lomas ( Ireland ) Ltd, established
                                                                      in Dublin, Sharpbond Trading Ltd, established in
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             Stratford-upon-Avon (United Kingdom), J. & S. A. Wood
                           of 2 July 1997                             ( Livestock Exports ), Ltd, established in Redditch (United
                                                                      Kingdom ), J. & S. A. Wood, established in Redditch,
in Case T-28/96: Doreen Chew v. Commission of the                     Lesley Dorothy Joan Mills, residing in Framlingham
                  European Communities (')                            ( United Kingdom), Live Sheep Traders Ltd, established in
                                                                      Framlingham, Livestock Sales Transport Ltd, established
(Officials — Representation — Staff Committee —                       in Framlingham, Peter Ziokowski, residing in Folkestone
          Elections — List of staff entitled to vote)                 ( United Kingdom), Brigstock Farms Ltd, established
                           ( 97/C 252/56 )                            in London, K. A. & S. B. M. Feakins, established
                                                                      in Llancloudy (United Kingdom ), Deaconvale Ltd,
                                                                      established in Gloucester ( United Kingdom), represented
                                                                      by Conor Quigley, Barrister, of the Bar of England and
                (Language of the case: French)
                                                                      Wales, instructed by A. M. Burstow, Solicitor, Crawley,
                                                                      with an address for service in Luxembourg at the
                                                                      Chambers of Jean-Marie Bauler, 42 Grand-Rue, against
In Case T-28/96 : Doreen Chew, a member of the local                  Commission of the European Communities ( Agents :
staff of the Commission of the European Communities,                  Thomas Van Rijn, Christopher Docksey and Philippa
residing at Suva ( Fiji ), represented by Nicolas Lhoëst, of          Watson), supported by United Kingdom of Great Britain
the Brussels Bar, with an address for service in                      and Northern Ireland ( Agents : J. E. Collins and Gerald
Luxembourg at the offices of Fiduciaire Myson Sari ,                  Barling) — application for the annulment of Article 2 of
30 Rue de Cessange, v. Commission of the European                     Commission Regulation ( EEC) No 1922/92 of 13 July
Communities ( Agent: Ana Maria Alves Vieira ) —                       1992 amending Regulation ( EEC ) No 1633/84 laying
application, first, for annulment of the result of the                down detailed rules for applying the variable slaughter
elections held to provide for representation of staff serving         premium for sheep, repealing Regulation ( EEC ) No 2661 /
outside the Community, announced by the Electoral                     80 and determining the conditions for the reimbursement
Committee on 13 February 1995 , in so far as it named the             of the clawback following the judgment of the Court of
regional representative elected by the local staff                    Justice in Joined Cases C-38/90 and C-151 /90 ( OJ No
constituency for geographical area No 3 and, second, for              L 195 , 14. 7. 1992, p. 10 ) — the Court of First Instance
an order requiring the Commission to pay one Belgian                  ( Fourth Chamber), composed of: K. Lenaerts, President, P.
franc as compensation for the non-material damage                     Lindh and J. D. Cooke, Judges; J. Palacio Gonzalez,
allegedly suffered by the applicant — the Court of First              Administrator, for the Registrar, has given a judgment on
Instance ( First Chamber), composed of: A. Saggio,                    9 July 1997, in which it:
President, and V. Tiili and R. M. Moura Ramos, Judges;
A. Mair, Administrator, for the Registrar, has given a
judgment on 2 July 1997, in which it:                                 1 . dismisses the application;
                                                                      2 . orders the applicants jointly and severally to pay the
1 . dismisses the action;                                                  costs of the Commission;
 ---pagebreak--- 16 . 8 . 97            EN                  Official Journal of the European Communities                                No C 252/27
3 . orders the United Kingdom of Great Britain and                       JUDGMENT OF THE COURT OF FIRST INSTANCE
      Northern Ireland to bear its own costs.
                                                                                                 of 9 July 1997
(') OJ No C 290 , 6 . 11 . 1992 .                                     in Case T-4/96: S v. Court of Justice of the European
                                                                                                Communities ( ! )
                                                                      (Officials — Occupational disease — Medical Committee
                                                                      — Basis for calculating the benefits provided for by
                                                                                  Article 73 (2) of the Staff Regulations)
                                                                                                 ( 97/C 252/59 )
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                           of 9 July 1997                                             (Language of the case: French)
in Case T-156/95 : Diego Echauz Brigaldi and Others v.
         Commission of the European Communities (')
                                                                      In Case T-4/96 : S v. Court of Justice of the European
(Officials — Decisions of the Commission refusing special             Communities ( Agent: Timothy Millett), application for,
    leave for elections and travelling time — Admissibility)          first, the annulment of the decision of the Court of Justice
                                                                      of 11 April 1995 , in so far as it adopted an invalidity rate
                           ( 97/C 252/58 )                            of 6 % for the purpose of calculating the lump sum
                                                                      provided for in Article 73 of the Staff Regulations of
                                                                      Officials of the European Communities; secondly,
                 (Language of the case: English)                      acknowledgement of the applicant's right to that lump
                                                                      sum calculated on the basis of an invalidity rate of 30% ;
                                                                      and, thirdly, compensatory interest — the Court of First
In Case T-156/95 : Diego Echauz Brigaldi, Jose Luis                   Instance ( Fourth Chamber), composed of: K. Lenaerts,
Buendía Sierra, Cesar Montoliu Garcia, Maria Jesus Ruiz               President, P. Lindh and J. D. Cooke, Judges; A. Mair,
Monroy, Carmen Ochoa de Michelena, Victoria                           Administrator, for the Registrar, gave a judgment on 9 July
Pagadigorria Wicke, Miguel Abellan Lopez, Inmaculada                   1997, in which it:
Gil Tardón, Antonio Garcia Velazquez, Maria Carmen
Labrador Rubio, Carmen Casado Salinas, Diego Gonzalez
Marin, Eva Maria Rasines Martin, Julio Vizcarra Soriano                1 . dismisses the application;
and Leopoldo Fabra Utray, officials of the Commission of
the European Communities, represented by Ramon
García-Gallardo Gil-Fournier, of the Burgos Bar, with an              2 . orders each party to bear its own costs.
address for service in Brussels at the Chambers of J. and
B. Cremades and Associates, 391 Avenue Louise, against
Commission of the European Communities ( Agents : Ana                  (') OJ No C 77, 16 . 3 . 1996 .
Maria Alves Vieira and Blanca Vila Costa ) — application
for annulment of the decisions of the Commission of
2 May 1995 refusing to grant the applicants special leave
for elections and travelling time in order to enable them to
exercise their right to vote in Spain, where they had
retained official residence and where they went to vote in
the elections to the European Parliament in June 1994,                   JUDGMENT OF THE COURT OF FIRST INSTANCE
and for an order that the Commission grant each official
the number of days' travelling time used by them in order                                        of 9 July 1997
to go to vote in Spain or pay them the amount                                 in Case T-92/96: Roberto Monaco v. European
corresponding to the number of days used — the Court of                                           Parliament (M
First Instance ( Fourth Chamber), composed of K. Lenarts,
President, P. Lindh and J. D. Cooke, Judges; J. Palacio                (Officials — Appointment — Classification in grade —
Gonzalez, Administrator, for the Registrar, gave a                     Infringement of the notice of competition and notice of
judgment on 9 July 1997, in which it:                                  vacancy — Principle of the protection of legitimate
                                                                       expectations — Article 31 (2) of the Staff Regulations —
                                                                        Principle of equality of treatment and non-discrimination)
 1 . dismisses the application;
                                                                                                  ( 97/C 252/60 )
 2 . orders the parties each to bear their own costs.                                  (Language of the case: French)
 O OJNoC 77, 16 . 3 . 1996 .
                                                                       In Case T-92/96 : Roberto Monaco, an official of the
                                                                       European Parliament, residing at Capellen ( Luxembourg),
                                                                       represented by Jean-Noel Louis, Thierry Demaseure and