CELEX: C1998/299/51
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 July 1998 in Case T-156/96 Claus Jensen v. Commission of the European Communities (Officials - Pay - Installation allowance - Recovery of undue payments)

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
 ---pagebreak--- C 299/32              EN                Official Journal of the European Communities                                 26.9.98
judgment on 16 July 1998, the operative part of which is           3. the remainder of the action is dismissed;
as follows:
                                                                   4. the Commission is ordered to pay the costs.
1. the action is dismissed;
                                                                   (1) OJ C 370, 7.12.1996.
2. each party shall bear its own costs.
(1) OJ C 354, 23.11.1996.
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           (First Chamber)
                                                                                           of 14 July 1998
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          in Case T-192/96: Giorgio Lebedef v. Commission of the
                      (Second Chamber)                                               European Communities (1)
                       of 16 July 1998                             (Staff committee Ð Procedures Ð Amendment of the staff
in Case T-162/96: Sandro Forcheri v. Commission of the             committee rules Ð General assembly Ð Electoral system
                  European Communities (1)                                                Ð Admissibility)
(Officials Ð Secondment in the interest of the service Ð                                    (98/C 299/53)
Temporary posting Ð Entitlement to secondment                                     (Language of the case: French)
 differential allowance Ð Discretion of the administration)
                        (98/C 299/52)                              In Case T-192/96: Giorgio Lebedef, an official at the
                                                                   Commission of the European Communities, residing in
                (Language of the case: French)                     Senningerberg (Luxembourg), represented by Gilles
                                                                   BouneÂou, of the Luxembourg Bar, with an address for
In Case T-162/96: Sandro Forcheri, an official of the              service in Luxembourg at his Chambers at 4, rue de
Commission of the European Communities, residing in                l'Avenir, against the Commission of the European
Brussels, represented by Marc-Albert Lucas, of the LieÁge          Communities (Agents: Gianluigi Valsesia and Julian
Bar, with an address for service in Luxembourg at the              Currall) Ð application for the annulment, in whole or in
Chambers of Evelyne Korn, 21, rue de Nassau, against the           part, of the genral assembly of the staff of the
Commission of the European Communities (Agents: Julian             Commission assigned to Luxembourg of 5 December 1995
Currall and Denis Waelbroeck) Ð application for                    and of the decision to amend the staff committee rules
annulment, first, of the decision of the Commission of             adopted by that assembly as well as all other subsequent
12 December 1995 rejecting the applicant's request to              acts adopted pursuant to that decision Ð the Court of
have the temporary duties taken on by him recognised and           First Instance (First Chamber), composed of B. Vesterdorf,
for payment of the differential allowance and, second, of          President, R. M. Moura Ramos and P. Mengozzi, Judges;
the decision of the Commission of 24 July 1996 declaring           Blanca Pastor, Principal Administrator, for the Registrar,
that the applicant is acting as head of division of Unit 4         gave a judgment on 14 July 1998, in which it:
(Common Customs Tariff), Directorate B (Customs),
                                                                   1. dismisses the action;
Directorate General XXI (Customs and Direct Taxation)
and recognising the temporary nature of the posting in so          2. the parties shall bear their own costs.
far as the date on which that decision is to take effect is
set at 1 August 1996 for a fixed term of one year and not          (1) OJ C 54, 22.2.1997.
for an indefinite period as from 29 October 1992 Ð the
Court of First Instance (Second Chamber), composed of A.
Kalogeropoulos, President, C. W. Bellamy and J. Pirrung,
Judges; A. Mair, Administrator, for the Registrar, gave a
judgment on 16 July 1998, the operative part of which is
as follows:                                                          JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                         (Third Chamber)
1. the decisions of the Commission of 12 December 1995
                                                                                           of 16 July 1998
     and 24 July 1996 are annulled except in so far as the
     second decision recognises the temporary nature of the        in Case T-199/96: Laboratoires Pharmaceutiques Berga-
     applicant's posting;                                          derm SA and Jean-Jacques Goupil v. Commission of the
                                                                                     European Communities (1)
2. the Commission is ordered to pay to the applicant the           (Cosmetic products Ð Directive 76/768/EEC Ð Directive
     monthly differential allowance referred to in                 95/34/EC Ð Sun-creams and bronzing-products Ð Public
     Article 7(2) of the Staff Regulations to which he                health Ð Non-contractual liability of the Community)
     would have been entitled if he had been called on to
     occupy, temporarily, the post of Head of Unit XXI.B.4                                  (98/C 299/54)
     on 24 March 1993, together with default interest at                          (Language of the case: French)
     the rate of 8 % per annum with effect from the dates
     on which those payments should have been made and             In Case T-199/96: Laboratoires Pharmaceutiques Berga-
     until complete payment is made;                               derm SA, established at Rungis (France), and Jean-Jacques