CELEX: C1995/074/19
Language: en
Date: 1995-03-25 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 2 February 1995 in Case T-106/92: Erik Dan Frederiksen v. European Parliament (Officials - Temporary posting - Lawfulness - Infringement of Article 176 of the Treaty - Misuse of powers)

No C 74/10            ( EN                  Official Journal of the European Communities                                        25 . 3 . 95
 represented by Michel Gautreau, of the Paris Bar, with an              Pierrot Schiltz, 4 Rue Beatrix de Bourbon, v. Commission of
 address for service in Luxembourg at the Chambers of Rita              the European Communities (Agents : Julian Currall and
 Reichling, 11 Boulevard Royal, v. Commission of the                    Géraud de Bergues ) — application for the annulment of the
 European Communities (Agents: J. Currall and G. de                     Commission Decision of 12 November 1992 rejecting the
 Bergues ) — application for the annulment of the                       applications made by the applicants under Article 3 (2) of
 Commission Decision of 20 October 1992 rejecting the                   Council Regulation ( EEC ) No 17 of 6 February 1962, First
 application made by the applicant under Article 3 (2 ) of              Regulation implementing Articles 85 and 86 of the
 Council Regulation ( EEC ) No 17 of 6 February 1962, First             Treaty ( 2 ), concerning the conduct of the Societe des
 Regulation implementing Articles 85 and 86 of the                      Auteurs, Compositeurs et Editeurs de Musique — the Court
 Treaty (2 ), concerning the conduct of the Societe des                 of First Instance (Second Chamber), composed of: J. L. Cruz
 Auteurs, Compositeurs et Editeurs de Musique — the Court               Vilaça, President, C. P. Briët, A. Kalogeropoulos, D. P. M.
 ( Second Chamber), composed of: J. L. Cruz Vilaça,                     Barrington and A. Saggio, Judges, H. Jung, Registrar, has
 President of the Chamber, C. P. Briët, A. Kalogeropoulos,              given a judgment on 24 January 1995 , in which it:
 D. P. M. Barrington and A. Saggio, Judges; H. Jung,
 Registrar, has given a judgment on 24 January 1995 , in
 which it:                                                              1 . annuls the Commission Decision of 12 November 1 992
                                                                              in so far as it rejects the applicants ' allegation that the
                                                                              market has been partitioned as a result of an alleged
 1 . annuls the Commission Decision of20 October 1 992 in                     agreement between Societe des Auteurs, Compositeurs
       so far as it rejects the. applicant's allegation that the              et Editeurs de Musique and the copyright-management
       market has been partitioned as a result of an alleged                  societies in the other Member States;
       agreement between Societe des Auteurs, Compositeurs
       et Editeurs de Musique and the copyright-management
       societies in the other Member States;                            2 . dismisses the remainder of the application;
 2. dismisses the remainder of the application;                         3 . orders the Commission to bear its own costs and to pay
                                                                              one half of the applicant's costs, the applicants to bear
 3 . orders the Commission to bear its own costs and to pay                   the other half of their costs and the intervener to bear its
                                                                              own costs .
       one halfofthe applicant's costs, the applicant to bear the
       other half of its costs.
                                                                        0 ) OJ No C 43 , 16 . 2 . 1993 .
 (!) OJ No C 43 , 16 . 2 . 1993 .                                       ( 2 ) OJ, English Special Edition 1959-62, p. 87.
 (2 ) OJ, English Special Edition 1959-62, p. 87.
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 24 January 1995                                                      of 2 February 1995
in Case T-5/93 : Roger Tremblay, Francois Lucazeau and                 in Case T-106/92: Erik Dan Frederiksen v. European
Harry Kestenberg v. Commission of the European                                                     Parliament (M
                          Communities ( J )                             (Officials — Temporary posting — Lawfulness —
 (Competition — Copyright — Regulation (EEC) No 17 —                   Infringement of Article 1 76 of the Treaty — Misuse of
Rejection of a complaint — Obligations concerning the                                                 powers)
      investigation of complaints — Community interest)                                             95/C 74/19 )
                            ( 95/C 74/18 )
                                                                                         (Language of the case: French)
                  (Language of the case: French)
                                                                       In Case T-106/92 : Erik Dan Frederiksen, an official of the
In Case T-5/93 : Roger Tremblay, of Vernantes ( France ),              European Parliament, residing at Howald (Luxembourg),
Francois Lucazeau, of La Rochelle (France ), Harry                     represented by Georges Vandersanden, of the Brussels Bar,
Kestenberg,         of     Saint-Andre-les-Vergers      ( France ),    with an address for service in Luxembourg at the Chambers
represented by Jean-Claude Fourgoux, of the Paris and                  of Alex Schmitt, 62 Avenue Guillaume, v. European
Brussels Bar, with an address for service in Luxembourg at             Parliament (Agents : J. Campinos and D. Petersheim,
the Chambers of Pierrot Schiltz, 4 Rue Beatrix de Bourbon,             subsequently E. Perillo and D. Petersheim) — application
supported by Syndicat des Exploitants de Lieux de Loisirs              for the annulment of the decision of the European
( SELL), whose head office is in Paris, represented by                 Parliament of 16 June 1992 appointing Mrs X temporarily
Jean-Claude Fourgoux, of the Paris and Brussels Bars, with             to the post of Language Adviser in the Danish Translation
an address for service in Luxembourg at the Chambers of                Division — the Court of First Instance (Fifth Chamber),
 ---pagebreak--- 25 . 3 . 95            EN                 Official Journal of the European Communities                                 No C 74/ 11
composed of A. Kalogeropoulos, President, and D. P. M.                      ORDER OF THE COURT OF FIRST INSTANCE
Barrington and K. Lenaerts, Judges; H. Jung, Registrar, has                                 of 6 February 1995
given a judgment on 2 February 1995, in which it:                    in Case T-460/93 DEP: Etienne Tête and Others v.
                                                                                     European Investment Bank ( x )
1 . annuls the decision of the President of the European                                      (Taxation of costs)
     Parliament of 16 June 1992 appointing Mrs X                                                  ( 95/C 74/21 )
     temporarily to the post of Language Adviser in the
     Danish Translation Division (Directorate-General for
     Translation and General Services);                                              (Language of the case: French)
2. orders the defendant to pay the costs.                            In Case T-460/93 DEP: Etienne Tête, residing at
                                                                     Caluire-et-Cuire ( France ), Jean-Pierre Raffin, residing at
                                                                     Paris, Felix Masola, residing at Villeurbanne ( France ),
0 ) OJ No C 34, 6 . 2 . 1993 .                                       Louis-Max Duplessy, residing at Villeurbanne,
                                                                     Marie-Louise Guigen, residing at Villeurbanne, Henri
                                                                     Chavaleyre, residing at Villeurbanne, Francois Meillasson,
                                                                     residing at Villeurbanne, Jean Margerand, residing at
                                                                     Villeurbanne, Jean-Claude                Pagand, residing   at
                                                                     Villeurbanne, Henri Alloix, residing at Villeurbanne,
                                                                     Groupe des Elus Verts au Conseil Regional, established at
                                                                     Charbonnières-les-Bains ( France ), Collectif Auto-stop,
    ORDER OF THE COURT OF FIRST INSTANCE                             established at Lyon ( France ), Association Sauvegarde de
                       (Fourth Chamber)                              l'Ouest Lyonnais, established at Caluire-et-Cuire,
                                                                     represented by Jean-Marc Bazy, of the Lyon Bar, with an
                      of 23 January 1995                             address for service in Luxembourg at the Chambers of
in Case T-84/94 : Bundesverband der Bilanzbuchhalter eV              Monique Wirion, 1 Place du Theatre v. European
      v. Commission of the European Communities ( J )                Investment Bank (Agents : L. La Marca and C. Turk ) —
                          (Admissibility)                            application for the taxation of costs following the order of
                                                                     the Court of First Instance of 26 November 1993 in Case
                           ( 95/C 74/20                              T-460/93 Tête and Others v. European Investment Bank —
                                                                     the Court of First Instance ( First Chamber, Extended
                                                                     Composition ), composed of: J. L. Cruz Vilaça, President, A.
              (Language of the case: German)
                                                                     Saggio, H. Kirschner, A. Kalogeropoulos and V. Tiili,
                                                                     Judges; H. Jung, Registrar, made an order on 6 February
In Case T-84/94 : Bundesverband der Bilanzbuchhalter eV,              1995 , the operative part of which is as follows :
established in Bonn ( Germany), represented by Joachim
Müller, Rechtsanwalt of Munich, with an address for                  the total amount ofthe costs recoverable by the defendant in
service in Luxembourg at the Chambers of Jean Wagener                 Case T-460/93 is set at Bfr 220 000.
and Alain Rukavina, 10A Boulevard de la Foire, against
Commission of the European Communities (Agents : M. J.
                                                                      f 1 ) OJ No C 339 , 22 . 12 . 1992 .
Jonczy and N. Lorenz ) — application for the annulment of
the Commission's decision of 4 November 1993 rejecting
the applicant's complaint seeking a declaration that the
German legislation on tax advisors infringes Articles 59 and
86 of the EC Treaty and that, by failing to take the necessary
applications in order to comply with the EC Treaty, the
Federal Republic of Germany has infringed Articles 5 and 90
of the EC Treaty — the Court of First Instance ( Fourth              Action brought on 19 January 1995 by Cantine dei Colli
Chamber ), composed of K. Lenaerts, President, R.                    Berici Cooperative A.R.L. against the Commission of the
Schintgen and R. García-Valdecasas, Judges; H. Jung,                                      European Communities
Registrar, made an order on 23 January 1995 , the operative                                      ( Case T-6/95 )
part of which is as follows :                                                                      ( 95/C 74/22 )
1 . the application is dismissed as inadmissible;                                     (Language of the case: Italian)
2 . the applicant shall pay the costs.                               An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                                                                     Instance of the European Communities on 19 January 1995
0 ) OJ No C 120 , 30 . 4 . 1994.                                     by the Cantine dei Colli Berici Coop . A.R.L. , represented by
                                                                     Ivone Cacciavillani, of the Venice Bar, with an address for
                                                                     service in Luxembourg at the Chambers of Alain Lorang, 5 1
                                                                     Rue Albert I.