CELEX: C2001/118/98
Language: en
Date: 2001-04-21 00:00:00
Title: Judgment of the Court of First Instance of 5 December 2000 in Case T-197/99: Anthony Gooch v Commission of the European Communities (Officials — Action for annulment — Non-contractual liability of the Community — Place of recruitment — Withdrawal of an administrative act — Presumption of legality of an administrative act)

C 118/34               EN                     Official Journal of the European Communities                                       21.4.2001
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 5 December 2000
                      of 14 December 2000
                                                                         in Case T-197/99: Anthony Gooch v Commission of the
in Case T-105/99: Council of European Municipalities                                        European Communities (1)
and Regions (CEMR) v Commission of the European
                         Communities (1)
                                                                         (Officials — Action for annulment — Non-contractual
                                                                         liability of the Community — Place of recruitment —
(Community law — Principle of effectiveness of Community                 Withdrawal of an administrative act — Presumption of
law — Principle of sound financial management — Set-off                                  legality of an administrative act)
between a debt owed to the Commission and sums payable
             by way of Community contributions)
                                                                                                   (2001/C 118/98)
                         (2001/C 118/97)
                                                                                             (Language of the case: French)
                   (Language of the case: French)                        In Case T-197/99: Anthony Gooch, an official of the Com-
                                                                         mission of the European Communities, residing in Brussels,
                                                                         represented by J.-N. Louis, G.-F. Parmentier and V. Peere, of
                                                                         the Brussels Bar, with an address for service in Luxembourg
In Case T-105/99: Council of European Municipalities and                 care of Société de Gestion Fiduciaire, 13 Avenue du Bois, v
Regions (CEMR), having its registered office in Paris, represent-        Commission of the European Communities (Agent: C. Berardis-
ed by F. Herbert and F. Renard, of the Brussels Bar, with an             Kayser) — application, first, for annulment of the Com-
address for service in Luxembourg at the Chambers of                     mission’s decision of 7 August 1998 rejecting a request for
K. Manhaeve, 56-58 Rue Charles Martel, against Commission                compensation by the applicant and, second, for compensation
of the European Communities (Agents: P. Oliver, K. Simonsson             for the material damage allegedly suffered — the Court of First
and W. Neirinck) — application for annulment of the decision             Instance (Fifth Chamber), composed of: R. Garcı́a-Valdecasas,
of the Commission, contained in the letter of 15 February                President, and P. Lindh and J.D. Cooke, Judges; J. Palacio
1999 to the applicant, effecting set-off between their mutual            González, Administrator, for the Registrar, has given a judg-
claims — the Court of First Instance (Fourth Chamber),                   ment on 5 December 2000, in which it:
composed of: V. Tiili, President, R.M. Moura Ramos and
P. Mengozzi, Judges; G. Herzig, Administrator, for the Regis-
trar, has given a judgment on 14 December 2000, in which it:             1.    Annuls the Commission’s decision of 7 August 1998 rejecting
                                                                               the applicant’s request for compensation;
1.    Annuls the decision of the Commission, contained in the letter
      of 15 February 1999 to the applicant, effecting set-off between    2.    Orders the Commission to pay to the applicant damages in the
      their mutual claims;                                                     sum of BEF 154 109 by way of compensation for the material
                                                                               damage suffered by him, together with default interest thereon
                                                                               at the annual rate of 6,75 % from 28 April 1998;
2.    Orders the Commission to pay all the costs.
                                                                         3.    Orders the Commission to pay the costs.
(1) OJ C 246 of 28.8.1999.
                                                                         (1) OJ C 333 of 20.11.1999.