CELEX: C1998/234/49
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 26 May 1998 in Case T-205/96: Roland Bieber v European Parliament (Officials - Belated reinstatement - Liability - Damage)

25.7.98               EN                 Official Journal of the European Communities                                  C 234/25
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 17 June 1998                                                      of 26 May 1998
in Case T-174/95: Svenska Journalistförbundet v Council                    in Case T-205/96: Roland Bieber v European
                  of the European Union (1)                                                  Parliament (1)
(Access to information Ð Council Decision 93/731/EC Ð               (Officials Ð Belated reinstatement Ð Liability Ð
Refusal of an application for access to Council documents                                       Damage)
Ð Action for annulment Ð Admissibility Ð Title VI of                                         (98/C 234/49)
the Treaty on European Union Ð Scope of the exception
concerning the protection of public security Ð
Confidentiality of the Council's proceedings Ð Statement                            (Language of the case: French)
of reasons Ð Publication of the defence on the Internet Ð
                     Abuse of procedure)                            In Case T-205/96: Roland Bieber, an official of the
                                                                    European Parliament, residing in Brussels, represented by
                        (98/C 234/48)
                                                                    Georges Vandersanden, of the Brussels Bar, with an
                                                                    address for service in Luxembourg at the offices of
                                                                    Fiduciaire Myson SaÁrl, 30 Rue de Cessange, v European
               (Language of the case: English)
                                                                    Parliament (Agent: Evelyn Waldherr) Ð application, first,
                                                                    for annulment of the decision of 18 October 1995
                                                                    implicitly    rejecting     the  applicant's   request  for
In Case T-174/95: Svenska Journalistförbundet, established
                                                                    reinstatement following the conclusion of his period of
in Stockholm, represented by Onno W. Brouwer, of the
                                                                    leave on personal grounds and compensation for the
Amsterdam Bar, and FreÂdeÂric P. Louis, of the Brussels Bar,
                                                                    damage allegedly resulting from his non-reinstatement
assisted by Deirdre Curtin, Professor at the University of
                                                                    and, second, for compensation for the damage allegedly
Utrecht, with an address for service in Luxembourg at the
                                                                    caused by the delay in his reinstatement Ð the Court of
Chambers of Loesch and Wolter, 11 Rue Goethe,
                                                                    First Instance (Fifth Chamber), composed of: J. Azizi,
supported by Kingdom of Sweden (Agent: Lotty
                                                                    President, R. García-Valdecasas and M. Jaeger, Judges; J.
Nordling), Kingdom of Denmark (Agents: Peter Biering
                                                                    Palacio GonzaÂlez, Administrator, for the Registrar, has
and Laurids Mikñlsen), and Kingdom of the Netherlands
                                                                    given a judgment on 26 May 1998, in which it:
(Agents: Marc Fierstra and Johannes Steven van den
Oosterkamp) against Council of the European Union
(Agents: Giorgio Maganza and Diego Canga Fano),                     1. Annuls the decision implicitly rejecting the request for
supported by French Republic (Agents: Catherine de Salins               reinstatement and compensation lodged by the
and Denys Wibaux), and United Kingdom of Great Britain                  applicant on 18 October 1995;
and Northern Ireland (Agent: John Collins) Ð application
for the annulment of the Council's decision of 6 July 1995
                                                                    2. Orders the Parliament to compensate the applicant for
refusing the applicant access to certain documents
                                                                        the material damage suffered by him as a result of his
concerning the European Police Office (Europol),
                                                                        not having been reinstated with effect from 1 January
requested under Council Decision 93/731/EC of
                                                                        1995 in Grade A 3, step 6, as a legal adviser in the
20 December 1993 on public access to Council documents
                                                                        Parliament, that post having been advertised in
(OJ L 340 of 31.12.1993, p. 43) Ð the Court of First
                                                                        Vacancy Notice No 7580 of 5 December 1994;
Instance (Fourth Chamber, Extended Composition),
composed of: K. Lenaerts, President, P. Lindh, J. Azizi,
J. D. Cooke and M. Jaeger, Judges; H. Jung, Registrar, has          3. Declares that the sum payable to the applicant by way
given a judgment on 17 June 1998, in which it:                          of compensation for his loss of income from
                                                                        employment is equivalent to the difference between,
                                                                        on the one hand, the net remuneration which he
1. Annuls the Council's decision of 6 July 1995 refusing                would have received between 1 January 1995 and
    the applicant access to certain documents relating to               8 March 1996 and, on the other hand, the total net
    the European Police Office (Europol);                               income received by him in the performance of other
                                                                        activities;
2. Orders the Council to pay two-thirds               of  the       4. Orders that there be added to that sum an amount
    applicant's costs as well as its own costs;                         corresponding to the loss resulting from the absence of
                                                                        automatic advancement in step;
3. Orders the Kingdom of Denmark, the French
    Republic, the Kingdom of the Netherlands, the                   5. Orders that interest on the total sums specified in
    Kingdom of Sweden and the United Kingdom of Great                   points 3 and 4 above be paid at the annual rate of
    Britain and Northern Ireland to bear their own costs.               4.5 % in respect of the period from 12 December 1996
                                                                        to the date when payment is received the applicant;
(1) OJ C 299 of 11.11.1995.
                                                                    6. Orders the Parliament to re-establish the applicant's
                                                                        pension rights in such a way as to make up for the
                                                                        difference between the pension rights to which he
 ---pagebreak--- C 234/26               EN                 Official Journal of the European Communities                                   25.7.98
     would have been entitled if he had been reinstated on           2. Orders the applicants to pay the costs.
     1 January 1995 and the rights to which he is in fact
     entitled;                                                       (1) OJ C 94 of 22.3.1997.
7. Orders that the sums due under point 6 above are to
     bear interest at the rate of 4.5 % from the date of their
     becoming payable;
8. Orders, before ruling on the amount of the                             ORDER OF THE COURT OF FIRST INSTANCE
     compensation payable by the defendant to the                                           of 4 May 1998
     applicant:
                                                                     in Case T-84/97: Bureau EuropeÂen des Unions de
     a) that the parties are to submit to the Court, within          Consommateurs (BEUC) v Commission of the European
         three months after delivery of the present                                         Communities (1)
         judgment, the terms agreed by them in relation,             (Anti-dumping procedure Ð Interested party Ð Refusal Ð
         first, to the quantified amount of compensation             Action for annulment Ð Confirmatory act Ð Time-limit
         thus payable to the applicant and, second, in                                     Ð Inadmissibility)
         respect of the re-establishment of his pension
                                                                                             (98/C 234/51)
         rights and the interest due in that regard;
                                                                                    (Language of the case: English)
         and
     b) that, in the absence of such agreement, the parties          In Case T-84/97: Bureau EuropeÂen des Unions de
         are to send to the Court, within the same time-             Consommateurs (BEUC), established in Brussels,
         limit, their quantified submissions, stating the            represented by Bernard O'Connor, Solicitor, assisted by
         precise reasons for which they are unable to accept         Bonifacio García Porras, of the Salamanca Bar, with an
         the proposals made by the other party;                      address for service in Luxembourg at the Chambers of
                                                                     ArseÁne Kronshagen, 22 Avenue Marie-Adelaïde, against
9. Orders the Parliament to pay the costs.                           Commission of the European Communities (Agent:
                                                                     Nicholas Khan) Ð application for annulment of the
(1) OJ C 54 of 22.2.1997.                                            Commission's decision of 3 February 1997 refusing to
                                                                     consider the applicant an interested party in the context of
                                                                     an anti-dumping procedure concerning imports of
                                                                     unbleached cotton fabrics originating in the People's
                                                                     Republic of China, Egypt, India, Indonesia, Pakistan and
                                                                     Turkey Ð the Court of First Instance (Fourth Chamber,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Extended Composition), composed of: P. Lindh, President,
                                                                     R. García-Valdecasas, K. Lenaerts, J. D. Cooke and M.
                        of 9 June 1998                               Jaeger, Judges; H. Jung, Registrar, made an order on
in Joined Cases T-10/97 and T-11/97: Unifrigo Gadus Srl              4 May 1998, the operative part of which is as follows:
and CPL Imperial 2 SpA v Commission of the European
                        Communities (1)                              1. The application is dismissed as inadmissible.
(Post-clearance recovery of customs duties Ð Regulation              2. The applicant is ordered to pay the costs.
   (EEC) No 1697/79 Ð Regulation (EEC) No 2454/93)
                         (98/C 234/50)                               (1) OJ C 181 of 14.6.1997.
                 (Language of the case: Italian)
In Joined Cases T-10/97 and T-11/97: Unifrigo Gadus Srl,
established at Naples (Italy), and CPL Imperial 2 SpA,
established at Pescara (Italy), represented by Giuseppe                JUDGMENT OF THE COURT OF FIRST INSTANCE
Celona, of the Milan Bar, with an address for service in                                    of 11 June 1998
Luxembourg at the Chambers of Georges Margue, 20 Rue
                                                                     in   Case    T-167/97:     Kyriakos Skrikas    v   European
Philippe II, v Commission of the European Communities
                                                                                             Parliament (1)
(Agents: initially, Fernando Castillo de la Torre and Paolo
Stancanelli and, subsequently, Mr Stancanelli) Ð                     (Officials Ð Decision not to promote an official Ð Action
application for annulment of Commission Decision C(96)               for annulment Ð Admissibility Ð Act adversely affecting
2780 def of 8 October 1996 ordering the post-clearance               an official Ð Consideration of the comparative merits Ð
recovery of customs duties and for compensation for the              Interinstitutional transfer Ð Article 45(1) of the Staff
damage allegedly suffered by the applicants Ð the Court                                        Regulations)
of First Instance (Third Chamber), composed of: V. Tiili,                                    (98/C 234/52)
President, and C. P. BrieÈt and A. Potocki, Judges; J.
Palacio GonzaÂlez, Administrator, for the Registrar, has                            (Language of the case: French)
given a judgment on 9 June 1998, in which it:
                                                                     In Case T-167/97: Kyriakos Skrikas, an official of the
1. Dismisses the applications;                                       European Parliament, residing in Luxembourg, represented