CELEX: C1998/137/26
Language: en
Date: 1998-05-02 00:00:00
Title: Removal from the register of C-261/97

2.5.98                EN                Official Journal of the European Communities                                 C 137/13
result to be achieved, on each Member State to which it is                  Removal from the register of C-261/97 (1)
addressed, Member States are required to observe the time
                                                                                           (98/C 137/26)
limits laid down in directives for their transposition. That
time limit expired on 1 July 1994 in respect of Directive
93/18/EEC and on 20 December 1994 in respect of
Directive 94/60/EC without the Italian Republic having             By order of 11 February 1998 the President of the Court
brought into force the necessary provisions in order to            of Justice of the European Communities has ordered the
comply therewith.                                                  removal from the register of Case C-261/97 (reference for
                                                                   a preliminary ruling from the Cour d'Appel, Douai): Karl
(1) OJ L 104, 29.4.1993, p. 46.                                    Heinz Baumann v. Urssaf Lille.
(2) OJ L 365, 31.12.1994, p. 1.
                                                                   (1) OJ C 271, 6.9.1997.
                                                  COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          4. orders the Commission to pay the costs.
                      of 17 March 1998
                                                                   (1) OJ C 333, 9.12.1995.
in Case T-183/95: Giuseppe Carraro v. Commission of the
                  European Communities (1)
(Officials Ð Article 24 of the Staff Regulations Ð Duty to
provide assistance Ð Decision implicitly rejecting a
                            request)
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                        (98/C 137/27)
                                                                                         of 19 March 1998
                                                                   in Case T-74/96: Georges Tzoanos v. Commission of the
               (Language of the case: Italian)                                       European Communities (1)
                                                                   (Officials Ð Decision ordering removal from post Ð
In Case T-183/95: Giuseppe Carraro, an official of the             Action for annulment Ð Concurrent disciplinary
Commission of the European Communities, assigned to                proceedings and criminal proceedings Ð Errors of
the Joint Research Centre, Ispra, residing at Ispra (Italy),       assessment Ð Right to a fair hearing Ð Articles 12, 13,
represented by Giuseppe Marchesini, advocate with a right          14, 21 and 86 of the Staff Regulations Ð Principle of
of audience before the Italian Court of Cassation, with an         proportionality Ð Principle of equal treatment Ð Misuse
address for service in Luxembourg at the Chambers of                                         of powers)
Ernest Arendt, 8-10 rue Mathias Hardt, v. Commission of                                    (98/C 137/28)
the European Communities (Agent: Gianluigi Valsesia) Ð
application, first, for annulment of the decision of the
Commission implicitly rejecting the request for assistance                        (Language of the case: French)
submitted by the applicant on 28 July 1994 and, second,
for compensation Ð the Court of First Instance (Third              In Case T-74/96: Georges Tzoanos, a former official of the
Chamber), composed of: V. Tiili, President, and C. P. BrieÈt       Commission of the European Communities, residing in
and A. Potocki, Judges; B. Pastor, Principal Administrator,        Brussels, represented by Eric Boigelot, of the Brussels Bar,
for the Registrar, has given a judgment on 17 March                with an address for service in Luxembourg at the
1998, in which it:                                                 Chambers of Louis Schiltz, 2, rue du Fort Rheinsheim, v.
                                                                   Commission of the European Communities (Agents:
                                                                   Gianluigi Valsesia, Denis Waelbroeck and Olivier
1. annuls the decision of the Commission implicitly                Speltdoorn) Ð application for annulment of the decision
    rejecting the request for assistance submitted by the          of the Commission of 22 June 1995 removing the
    applicant on 28 July 1994;                                     applicant from his post without loss of entitlement to a
                                                                   retirement pension and for annulment of the decision of
                                                                   19 February 1996 expressly rejecting the complaint lodged
2. orders the Commission to pay the applicant the token            by the applicant on 21 September 1995 against the
    sum of ECU 1 by way of compensation for the non-               decision of 22 June 1995 Ð the Court of First Instance
    material damage suffered;                                      (Fourth Chamber), composed of: P. Lindh, President, and
                                                                   K. Lenaerts and J. D. Cooke, Judges; B. Pastor, Principal
                                                                   Administrator, for the Registrar, has given a judgment on
3. dismisses the remainder of the action;                          19 March 1998, in which it: