CELEX: C2000/102/62
Language: en
Date: 2000-04-08 00:00:00
Title: Removal from the register of Case T-219/94

8.4.2000               EN                    Official Journal of the European Communities                                    C 102/31
— Nullity of the decision setting up the OLAF and of                           Removal from the register of Case T-219/94 (1)
     Regulation No 1073/1999:
     The applicants raise the objection, pursuant to Article 241                                (2000/C 102/62)
     EC, that the legal acts on which the contested decision is
     based are null and void. Both the Commission Decision of
     28 April 1999 establishing the OLAF (1) and Regulation                               (Language of the case: German)
     (EC) No 1073/1999 of the European Parliament and of
     the Council of 25 May 1999 concerning investigations               By order of 27 January 2000, the President of the Fourth
     conducted by the European Anti-Fraud Office (OLAF) (2)             Chamber, Extended Composition, of the Court of First Instance
     are invalid.                                                       of the European Communities has ordered the removal from
                                                                        the register of Case T-219/94, Hans-Henrich Fürstenwerth v
The Commission based the decision establishing the OLAF on              Commission of the European Communities.
Article 162 of the EC Treaty (now Article 218 EC), hence on a
provision designed to regulate the internal organisational
power, namely the Rules of Procedure. However, it is not                (1) OJ C 218 of 6.8.1994.
possible on that basis to set up a body which is in reality legally
separate from the organisational power of the Commission.
Moreover, in adopting its decision establishing the OLAF, the
Commission unlawfully relinquished part of the supervisory
powers conferred on it by Article 211 EC. In addition, it
delegated to the OLAF powers which it does not possess.
                                                                               Removal from the register of Case T-206/95 (1)
Finally, the regulation based on the decision is likewise founded
on an insufficient legal basis, since Article 280 EC merely                                     (2000/C 102/63)
concerns the combatting of fraud within the Member States. It
does not therefore cover the Community institutions. In
addition, the OLAF’s investigatory powers go beyond any                                   (Language of the case: German)
powers that could conceivably be needed in order to investigate
criminal offences committed within the Parliament.
                                                                        By order of 27 January 2000 the President of the Fourth
                                                                        Chamber of the Court of First Instance of the European
(1) OJ 1999 L 136, p. 20.                                               Communities has ordered the removal from the register of
(2) OJ 1999 L 136, p. 1.                                                Case T-206/95: Josef Gierse v Council of the European Union
                                                                        and Commission of the European Communities.
                                                                        (1) OJ C 351 of 30.12.1995.
Partial Removal from the register in Joined Cases
                     T-530/93 and Others (1)
                         (2000/C 102/61)
                                                                               Removal from the register of Case T-15/98 (1)
                   (Language of the case: Dutch)
                                                                                                (2000/C 102/64)
By order of 24 January 2000, the President of the Fourth
Chamber, Extended Composition, of the Court of First Instance
of the European Communities has ordered the removal from
the register of M.A.M. Nijenhuis and J.I.M. and W. Spikker                                 (Language of the case: French)
from the list of applicants in Case T-533/93 — Joined Cases
T-530/93 and Others, R. Bathoorn and Others v Council                   By order of 19 January 2000, the President of the First
of the European Union and Commission of the European                    Chamber of the Court of First Instance of the European
Communities.                                                            Communities has ordered the removal from the register of
                                                                        Case T-15/98, Centre d’Action Culturelle du Sart-Tilman a.s.b.l.
                                                                        v Commission of the European Communities.
(1) OJ C 334 of 9.12.1993, C 27 of 28.1.1994, C 43 of 12.2.1994,
    C 59 of 26.2.1994, C 90 of 26.3.1994, C 103 of 11.4.1994,
    C 120 of 30.4.1994, C 132 of 14.5.1994, C 233 of 20.8.1994          (1) OJ C 94 of 28.3.1998.
    and C 370 of 24.12.1994.