CELEX: C2002/191/41
Language: en
Date: 2002-08-10 00:00:00
Title: Judgment of the Court of First Instance of 30 May 2002 in Case T-197/00: Hubert Onidi v Commission of the European Communities (Officials — Disciplinary measures — Removal from post with reduction of pension entitlement — Actions falling within the field of corruption — Right to a fair hearing — Principle of proportionality)

C 191/24                EN                     Official Journal of the European Communities                                    10.8.2002
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                          of 6 June 2002                                                            of 30 May 2002
in Case T-342/99: Airtours plc v Commission of the
                                                                          in Case T-197/00: Hubert Onidi v Commission of the
                   European Communities (1)
                                                                                             European Communities (1)
(Competition — Regulation (EEC) No 4064/89 — Decision
declaring a concentration to be incompatible with the com-                (Officials — Disciplinary measures — Removal from post
mon market — Application for annulment — Relevant                         with reduction of pension entitlement — Actions falling
       market — Collective dominant position — Proof)                     within the field of corruption — Right to a fair hearing —
                                                                                            Principle of proportionality)
                         (2002/C 191/40)
                                                                                                    (2002/C 191/41)
                   (Language of the case: English)
                                                                                             (Language of the case: French)
In Case T-342/99, Airtours plc, represented by J. Swift QC and
R. Anderson, Barristers, M. Nicholson, J. Holland and A. Gomes
da Silva, Solicitors, with an address for service in Luxembourg,          In Case T-197/00: Hubert Onidi, a former official of the
v Commission of the European Communities (Agent: R. Lyal):                Commission of the European Communities, residing at Roque-
Application for annulment of Commission Decision                          fort-les-Pins (France), represented by J.-N. Louis and V. Peere,
C(1999)3022 final of 22 September 1999 declaring a concen-                avocats, with an address for service in Luxembourg, v Com-
tration to be incompatible with the common market and the                 mission of the European Communities (Agents: J. Currall
EEA Agreement (Case IV/M.1524 — Airtours/First Choice),                   and D. Waelbroeck) — application for annulment of the
published under number 2000/276/EC (OJ 2000 L 93, p. 1),                  Commission’s decision of 29 July 1999 imposing on the
the Court of First Instance (Fifth Chamber, Extended Compo-               applicant the penalty of removal from post with a one-third
sition), composed of: P. Lindh, President, R. Garcı́a-Valdecasas,         reduction in his retirement pension entitlement, and of the
J.D. Cooke, M. Vilaras and N.J. Forwood, Judges; J. Palacio               Commission’s letter of 27 July 1999 rejecting the applicant’s
González, Administrator, for the Registrar, has given a judg-            request for the re-opening of the disciplinary procedure — the
ment on 6 June 2002, in which it:                                         Court of First Instance (Third Chamber), composed of: M. Jaeg-
                                                                          er, President, and K. Lenaerts and J. Azizi, Judges; J. Plingers,
                                                                          Administrator, for the Registrar, has given a judgment on
                                                                          30 May 2002, in which it:
1.    Annuls Commission Decision C(1999) 3022 final of 22 Sep-
      tember 1999 declaring a concentration to be incompatible with
      the common market and the EEA Agreement (Case IV/
      M.1524 — Airtours/First Choice);                                    1.    Dismisses the action;
2.    Orders the Commission to pay its own costs and those incurred       2.    Orders the parties to bear their own costs.
      by the applicant.
(1) OJ C 79 of 18.3.2000.                                                 (1) OJ C 285 of 7.10.2000.