CELEX: C1998/327/35
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 September 1998 in Case T-3/96: Roland Haas and Others v Commission of the European Communities (Officials - Proportion of remuneration transferred - Weighting - Adjustment of capital sum - Retroactivity)

C 327/20              EN                 Official Journal of the European Communities                                24.10.98
GonzaÂlez, Administrator, for the Registrar, has given a            of 6 April 1995 and 14 August 1995, by which the
judgment on 16 September 1998, in which it:                         Commission definitively rejected that part of the
                                                                    complaint filed by the applicant on 13 July 1988 against
                                                                    the interception, pursuant to Article 25 of the Universal
1. Dismisses the action for annulment as unfounded;                 Postal Union Convention, by a number of public postal
                                                                    operators, of mail which had been the subject of remailing
                                                                    Ð the Court of First Instance (Third Chamber, Extended
2. Orders the applicant to bear its own costs, as well as           Composition), composed of: B. Vesterdorf, President, C. P.
    those of the Commission and La Poste;                           BrieÈt, P. Lindh, A. Potocki and J. D. Cooke, Judges; H.
                                                                    Jung, Registrar, has given a judgment on 16 September
                                                                    1998, in which it:
3. Orders the United Kingdom of Great Britain and
    Northern Ireland and the Post Office to bear their
    own costs.                                                      1. Joins Cases T-133/95 and T-204/95 for the purposes of
                                                                         the judgment;
(1) OJ C 189, 22.7.1995.
                                                                    2. Annuls the decision of 6 April 1995 in so far as it
                                                                         concerns commercial physical ABA remail;
                                                                    3. Dismisses the remainder of the actions;
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 16 September 1998                            4. Orders the Commission to bear the applicant's costs in
                                                                         Case T-133/95;
in Joined Cases T-133/95 and T-204/95: International
Express Carriers Conference (IECC) v Commission of the
                  European Communities (1)                          5. Orders the applicant to bear the Commission's costs in
                                                                         Case T-204/95;
(Competition Ð Remail Ð Action for annulment Ð
               Partial rejection of a complaint)
                         (98/C 327/34)                              6. Orders the interveners to bear their own costs in Cases
                                                                         T-133/95 and T-204/95.
               (Language of the case: English)                      (1) OJ C 229, 2.9.1995 and C 351, 30.12.1995.
In Cases T-133/95 and T-204/95: International Express
Carriers Conference (IECC), having its headquarters in
Geneva (Switzerland), represented by EÂric Morgan de
Rivery, of the Paris Bar, and Jacques Derenne, of the
Brussels and Paris Bars, with an address for service in
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
Luxembourg at the Chambers of Alex Schmitt, 62 Avenue
Guillaume, against Commission of the European                                           of 15 September 1998
Communities (Agents: initially Francisco Enrique
GonzaÂlez-Díaz and Rosemary Caudwell, and subsequently              in Case T-3/96: Roland Haas and Others v Commission
Rosemary Caudwell and Fabiola Mascardi, assisted by                                of the European Communities (1)
Nicholas Forwood QC), supported, in Cases T-133/95 and              (Officials Ð Proportion of remuneration transferred Ð
T-204/95, by the United Kingdom of Great Britain and                 Weighting Ð Adjustment of capital sum Ð Retroactivity)
Northern Ireland (Agents: Stephanie Ridley, and, during
the oral procedure, also Nicholas Green QC), Deutsche                                       (98/C 327/35)
Post AG, represented by Dirk Schroeder, Rechtsanwalt,
Cologne, with an address for service in Luxembourg at the
Chambers of Loesch and Wolter, 11 Rue Goethe, and The                               (Language of the case: French)
Post Office, represented by Ulick Bourke, Solicitor of the
Supreme Court of England and Wales, and, during the
oral procedure, also by Stuart Isaacs and Sarah Moore,              In Case T-3/96: Roland Haas, Hans-Werner Schmidt,
Barristers, with an address for service in Luxembourg at            Siegfried Schweikle, Albert Veith and Horst Wohlfeil,
the Chambers of Loesch and Wolter, 11 Rue Goethe, and,              officials of the Commission of the European Communities,
in Case T-133/95, by La Poste, represented by HerveÂ                residing in Luxembourg, represented by Georges
Lehman and Sylvain Rieuneau, of the Paris Bar, with an              Vandersanden and Laure Levi, of the Brussels Bar, with an
address for service in Luxembourg at the Chambers of                address for service in Luxembourg at the offices of the
Aloyse May, 31 Grand-Rue, Ð applications for, in                    Fiduciaire Myson SARL, 30 Rue de Cessange, against
substance, the annulment of the Commission decisions                Commission of the European Communities (Agent:
 ---pagebreak--- 24.10.98              EN                 Official Journal of the European Communities                                C 327/21
Gianluigi Valsesia), supported by the Council of the                A. Kalogeropoulos, President of the Chamber, and C. W.
European Union (Agents: initially Yves Cretien, Antonio             Bellamy and J. Pirrung, Judges; H. Jung, Registrar, has
Lucidi and Diego Canga Fano, then only Antonio Lucidi               given a judgment on 15 September 1998 a judgment in
and Diego Canga Fano) Ð application, first, for a                   which it:
declaration ordering the Commission to pay the additional
remuneration resulting from the application of the
weighting for Germany calculated on the basis of the cost           1. Dismisses the application;
of living in Berlin for the period from 1 October 1990 to
31 December 1994, as regards the proportion transferred
in German marks, with interest at the rate of 10 % per
                                                                    2. Orders the parties, and the Council, to bear their own
annum and, second, in so far as is necessary, the
                                                                        costs.
annulment of the Commission's decision of 9 March 1995
rejecting the applicants' requests for the payment of that
additional remuneration Ð the Court of First Instance               (1) OJ C 133, 4.5.1996.
(Third Chamber), composed of B. Vesterdorf, President,
and C. P. BrieÈt and A. Potocki, Judges; H. Jung, Registrar,
has given a judgment on 15 September 1998 in which it:
1. Dismisses the application;
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 17 September 1998
2. Orders each party to bear its own costs.
                                                                    in Case T-50/96: Primex Produkte Import-Export GmbH
                                                                    & Co. KG and Others v Commission of the European
(1) OJ C 64, 2.3.1996.                                                                      Communities (1)
                                                                    (Action for annulment Ð Importation of high-quality beef
                                                                    (Hilton beef') Ð Regulation (EEC) No 1430/79 Ð
                                                                    Article 13 Ð Commission decision refusing remission of
                                                                    import duties Ð Rights of the defence Ð Manifest error
                                                                                             of assessment)
                                                                                             (98/C 327/37)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 15 September 1998
                                                                                   (Language of the case: German)
      in Case T-23/96 Elsa De Persio v Commission (1)
(Official Ð Reassignment Ð Request for transfer from the
Language Service to Category A Ð Removal of barriers to             In Case T-50/96: Primex Produkte Import-Export GmbH
                        such transfers)                             & Co. KG, established in Bad Homburg (Germany), Gebr.
                                                                    Kruse GmbH, established in Hamburg (Germany),
                        (98/C 327/36)                               Interporc Im- und Export GmbH, established in Hamburg,
                                                                    represented by Georg M. Berrisch, Rechtsanwalt,
                                                                    Hamburg and Brussels, with an address for service in
                                                                    Luxembourg at the Chambers of Guy Harles, 8Ð10 Rue
                (Language of the case: Italian)                     Mathias Hardt, supported by United Kingdom of Great
                                                                    Britain and Northern Ireland (Agents: initially Stephanie
                                                                    Ridley and subsequently John E. Collins and David
In Case T-23/96 Elsa de Persio, an official of the                  Anderson), against Commission of the European
Commission of the European Communities, residing in                 Communities (Agent: Götz zur Hausen) Ð application for
Brussels, represented by Giovanni Petroni and Franco                annulment of the Commission decision of 26 January
Giampietro, of the Rome Bar, and VeÂronique Laurent, of             1996 (Document K(96) 180 final) addressed to the Federal
the Brussels Bar, with an address for service in                    Republic of Germany and concerning the remission of
Luxembourg at the Chambers of Gilles Bouneau, 15                    import duties Ð the Court of First Instance (First
Avenue du Bois, against Commission of the European                  Chamber), composed of: B. Vesterdorf, President, R. M.
Communities (Agent: Gianluigi Valsesia), supported by               Moura Ramos and P. Mengozzi, Judges; A. Mair,
Council of the European Union (Agents: Diego Canga                  Administrator, for the Registrar, has given a judgment on
Fano and Paolo Cossu) Ð application for annulment of                17 September 1998, in which it:
the Commission's decision refusing to grant her request to
be placed in Category A, annulment of the Commission's
decision of 22 December 1995 reassigning the applicant to           1. Annuls the Commission's decision of 26 January 1996
that institution's Translation Service and, last, an order              addressed to the Federal Republic of Germany and
that the Commission should pay her damages Ð the                        concerning an application for remission of import
Court of First Instance (Second Chamber), composed of                   duties;