CELEX: C1999/333/58
Language: en
Date: 1999-11-20 00:00:00
Title: Judgment of the Court of First Instance of 28 September 1999 in Case T-141/97: Bernard Yasse v European Investment Bank (Officials - Removal from post - Articles 1, 4 and 40 of the Staff Regulations of the European Investment Bank - Manifest error of assessment of the facts - Rights of the defence - Essential procedural requirements - Principle of proportionality - Counterclaim - Rejection of an application for measures of inquiry)

C 333/24                 EN                     Official Journal of the European Communities                                      20.11.1999
1. Annuls the decision of the European Investment Bank of                  3. Dismisses as inadmissible the application for damages brought
     31 January 1997 by which the applicant was removed from his                by the European Investment Bank;
     post without loss of the severance grant;
                                                                           4. Orders the applicant to pay all of the costs.
2. Orders the European Investment Bank to pay to the applicant
     the arrears of the remuneration which he should have received
     since his dismissal;                                                  (1) OJ C 212 of 12.7.1997.
3. Dismisses the applications for compensation brought by the
     applicant;
4. Dismisses as inadmissible the application for damages brought
     by the European Investment Bank;
5. Orders the European Investment Bank to bear its own costs and
     to pay the costs of the applicant.                                        JUDGMENT OF THE COURT OF FIRST INSTANCE
(1) OJ C 318 of 18.10.1997.                                                                      of 28 September 1999
                                                                           in Case T-254/97, Fruchthandelsgesellschaft mbH Chem-
                                                                               nitz v Commission of the European Communities (1)
                                                                           (Bananas — Imports from ACP States and third countries
                                                                           — Application for import licences — Case of hardship
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 — Transitional measures — Regulation (EEC) No 404/93)
                       of 28 September 1999
                                                                                                    (1999/C 333/59)
in Case T-141/97: Bernard Yasse v European Investment
                                Bank (1)
                                                                                              (Language of the case: German)
(Officials — Removal from post — Articles 1, 4 and 40 of
the Staff Regulations of the European Investment Bank                      In Case T-254/97: Fruchthandelsgesellschaft mbh Chemnitz,
— Manifest error of assessment of the facts — Rights of the                established in Chemnitz (Germany), represented by Jürgen
defence — Essential procedural requirements — Principle                    Mielke and Thorsten W. Albrecht, Rechtsanwälte, Hamburg
of proportionality — Counterclaim — Rejection of an                        with an address for service in Luxembourg at the Chambers
               application for measures of inquiry)                        of 34A Rue Philippe II, v Commission of the European
                                                                           Communities (Agents: Klaus-Dieter Borchardt and Hubert van
                           (1999/C 333/58)                                 Vliet), supported by Kingdom of Spain (Agent: Rosario Silva
                                                                           de Lapuerta) and French Republic (Agent: Kareen Rispal-
                                                                           Bellanger) — Application for the annulment of the Com-
                     (Language of the case: French)                        mission Decision (VI/6251/97/DE) of 9 July 1997 rejecting
                                                                           the applicant’s request for the grant of import licences under
                                                                           the transitional measures provided for in Article 30 of Council
In Case T-141/97: Bernard Yasse, a servant of the European                 Regulation (EEC) No 404/93 of 13 February 1993 on the
Investment Bank, residing at Fauvillers (Belgium), represented             common organisation of the market in bananas (OJ 1993
initially by Pascale Delvaux de Fenffe and Pierre-Paul Van                 L 47, p. 1) — the Court of First Instance (Fifth Chamber),
Gehuchten, of the Brussels Bar, and subsequently by Olivier                composed of J.D. Cooke, President and R. Garcı́a-Valdecasas
Schmitz and Catherine Burton, of the Neufchateau Bar, 14                   and P. Lindh, Judges; J. Palacio González, Administrator, for
Chaussée de Houffalize, Bastogne (Belgium), v European                     the Registrar, has given a judgment on 28 September 1999, in
Investment Bank (Agents: Giannangelo Marchegiani and                       which it:
Georges Vandersanden) — application, first, for annulment of
the decision of the European Investment Bank of 31 January
                                                                           1. Dismisses the application;
1997, by which the applicant was removed from his post
without loss of his severance grant, and for reinstatement of
the applicant, and, second, for an order requiring the Bank to             2. Orders the applicant to bear its own costs as well as the costs of
compensate the applicant — the Court of First Instance                          the Commission;
(Fifth Chamber), composed of: J.D. Cooke, President, and
R. Garcı́a-Valdecasas and P. Lindh, Judges; J. Palacio González,          3. Orders the Kingdom of Spain and the French Republic to bear
Administrator, for the Registrar, has given a judgment on                       their own costs.
28 September 1999, in which it:
1. Dismisses the action;                                                   (1) OJ C 357 of 22.11.1997.
2. Dismisses the applications for compensation brought by the
     applicant;