CELEX: C1998/278/81
Language: en
Date: 1998-09-05 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 25 June 1998 in Joined Cases T-14/97 and T-15/97, Sofivo SAS and Others v. Council of the European Union (Agriculture - Common organisation of the markets - Beef and veal - Intervention mechanisms - Premium for the early marketing of veal calves - Average carcase weight - Criteria for fixing the same - Action for annulment - Inadmissibility)

C 278/36             EN                   Official Journal of the European Communities                                   5.9.98
offices of Fiduciaire Myson SARL, rue de Cessange v.                 Currall) Ð application for taxation of costs following
Council of the European Union (Agents: Diego Canga                   the judgments of the Court of First Instance in Joined
Fano and Marie-Jeanne Vernier) Ð application for                     Cases T-177/94 and T-377/94 Altmann and Others v.
annulment of the Council's decision, notified to the                 Commission [1996] ECR II-2041 and in Case T-99/95
applicant by note of 25 October 1995, to recover the                 Stott v. Commission [1996] ECR II-2227 Ð the Court of
equivalent of 91 working days from his salary for                    First Instance (Second Chamber), composed of: A.
unjustified absences between 9 March 1994 and                        Kalogeropoulos, President, C. W. Bellamy and J. Pirrung,
15 February 1995 Ð the Court of First Instance (First                Judges; H. Jung, Registrar, made an order on 25 June
Chamber), composed of B. Vesterdorf, President, A.                   1998, the operative part of which is as follows:
Kalogeropoulos and R. M. Moura Ramos, Judges; B.
Pastor, Principal Administrator, for the Registrar, gave a           The total amount of the costs to be reimbursed by the
judgment on 8 July 1998, the operative part of which is as           Commission to the applicants is fixed in the sum of GBP
follows:                                                             15 000, together with any VAT payable thereon.
1. The Council's decision of 25 October 1995 to recover              (1) OJ C 188, 9.7.1994, OJ C 392, 31.12.1994 and OJ C 286,
    the equivalent of 91 working days from the applicant's               28.10.1995.
    salary for unjustified absences between 9 March 1994
    and 15 February 1995 is partially annulled in so far as
    it concerns 58 days of allegedly unauthorised absence
    recorded during the period between 9 March 1994 and
    20 September 1994.
                                                                          ORDER OF THE COURT OF FIRST INSTANCE
2. The Council is ordered to repay to the applicant the                                     of 25 June 1998
    amounts unduly deducted from his salary Ð
    equivalent to 58 working days together with default              in Joined Cases T-14/97 and T-15/97, Sofivo SAS and
    interest at the rate of 5 % per annum as from the date                   Others v. Council of the European Union (1)
    when those amounts were first deducted.                          (Agriculture Ð Common organisation of the markets Ð
                                                                     Beef and veal Ð Intervention mechanisms Ð Premium for
3. The remainder of the application is dismissed.                    the early marketing of veal calves Ð Average carcase
                                                                     weight Ð Criteria for fixing the same Ð Action for
4. The Council is to bear its own costs and two-thirds of                             annulment Ð Inadmissibility)
    the costs incurred by the applicant.                                                     (98/C 278/81)
5. The applicant is to bear one-third of his own costs.                              (Language of the case: French)
(1) OJ C 318, 26.10.1996.                                            In Joined Cases T-14/97 and T-15/97: Sofivo SAS,
                                                                     established at CondeÂ-sur-Vire (France), Sofivo Production
                                                                     SAS, established at BreÂceÂ (France), Sovinor SAS,
                                                                     established at CondeÂ-sur-Vire, Denkavit France sarl,
                                                                     established at Montreuil-Bellay (France), Sobeval Viande
                                                                     SA, established at PeÂrigueux (France), Serval SA,
     ORDER OF THE COURT OF FIRST INSTANCE                            established at Sainte-Eanne (France), Besnier Industrie
                       of 25 June 1998                               SNC, established at Bourgbarre (France), Sovida SA,
                                                                     established at ChaÃteaubriand (France), Ouest EÂlevage
in Joined Cases T-177/94 (92) and T-377/94 (92) and                  SICA, established at Ploudaniel (France), Guinde SA,
in Case T-99/95 (92), Henk Altmann and Others and                    established at Montauban (France), Tarbouriech SA,
Peter Edmond Stott v. Commission of the European                     established at Villeneuve-sur-Lot (France), Mamellor sarl,
                       Communities (1)                               established at Charnay-leÁs-MaÃcon (France), Coopagri
                      (Taxation of costs)                            Bretagne, established at Landerneau (France), Collet et
                                                                     Compagnie SA, established at ChaÃteaubourg (France),
                        (98/C 278/80)                                KermeneÂ SA, established at Saint-Jacut-du-MeneÂ (France),
                                                                     and Vals SA, established at Champagne (France),
               (Language of the case: English)                       represented initially by Deborah Kryvian and subsequently
                                                                     by Philippe Denesle, of the Rouen Bar, with an address for
In Joined Cases T-177/94 (92) and T-377/94 (92): Henk                service in Luxembourg at the Chambers of Marc Loesch,
Altmann and Others and Margaret Casson and Others,                   11 rue Goethe, v. Council of the European Union (Agents:
represented by Rhodri Thompson, Barrister, of the Bar                John Carbery and Moyra Sims-Robertson), supported by
of England and Wales, 4 Raymond Buildings, Gray's                    Commission of the European Communities (Agent: GeÂrard
Inn, London, against Commission of the European                      Berscheid) Ð application for annulment of Article 1(4) of
Communities (Agent: Julian Currall) and in Case T-99/95              Council Regulation (EC) No 2222/96 of 18 November
(92): Peter Edmond Stott, represented by Rhodri                      1996 amending Regulation (EEC) No 805/68 on the
Thompson, Barrister, of the Bar of England and Wales,                common organisation of the market in beef and veal (OJ
4 Raymond Buildings, Gray's Inn, London, against                     L 296, 21.11.1996, p. 50) Ð the Court of First Instance
Commission of the European Communities (Agent: Julian                (Fifth Chamber), composed of: J. Azizi, President, and R.
 ---pagebreak--- 5.9.98               EN                 Official Journal of the European Communities                                  C 278/37
García-Valdecasas and M. Jaeger, Judges; H. Jung,                  Instance of the European Communities on 26 May 1998
Registrar, made an order on 25 June 1998, the operative            by EugeÂnio Branco L.da, whose registered office is at
part of which is as follows:                                       Lisbon, represented by Bolota Belchior, of the Vila Nova
                                                                   de Gaia Bar, with an address for service in Luxembourg at
1. The applications are dismissed as inadmissible.                 the Chambers of Faltz & AssocieÂs, 6 rue Heine,
                                                                   Luxembourg.
2. The applicants shall bear their own costs and shall be
    jointly and severally liable to pay the costs of the
                                                                   The applicant claims that the Court should:
    Council. The Commission shall bear its own costs.
(1) OJ C 94, 22.3.1997.                                            Ð annul the decision of the Commission of the European
                                                                       Communities, dated 17 February 1998, communicated
                                                                       and notified to the applicant on 17 March 1998 by
                                                                       the Departamento para os Assuntos do Fundo Social
                                                                       Europeu (Department of European Social Fund
                                                                       Affairs, the DAFSE') by letter sent on 16 March
     ORDER OF THE COURT OF FIRST INSTANCE                              1998, to suspend payment of the ESF contribution in
                      (Fourth Chamber)                                 respect of files No 87301 P1 (PTE 43 550 366) and
                                                                       No 870302 P3 (PTE 5 809 712) granted to the
                        of 11 June 1998                                applicant by Commission Decision C(87) 860 of
in Case T-173/97, Augusto Fichtner v. Commission of the                30 April 1987,
                  European Communities (1)
(Officials Ð Late staff report Ð Promotion Ð                       Ð order the Commission to pay the costs.
Comparative examination of the merits Ð Compensation
for damage Ð Application manifestly inadmissible or
                                                                   Pleas in law and main arguments adduced in support:
                     entirely unfounded)
                         (98/C 278/82)
                                                                   Ð Breach of the principles of the protection of legitimate
               (Language of the case: Italian)                         expectations and of legal certainty:
In Case T-173/97: Augusto Fichtner, an official of the                 Although the Commission's Decision does not lay
Commission of the European Communities, residing at                    down a time limit, it should nevertheless be adopted
Besozzo (Varese, Italy), represented by Vincenzo Salvatore,            within a reasonable period.
of the Pavía Bar, against Commission of the European
Communities (Agent: Gianluigi Valsesia) Ð application
for (1) annulment of the Commission decision published                 It is clear that the period of 10 years which has
on 13 September 1996 in so far as it refused to place the              elapsed between the relevant date and the present is
applicant on the list of officials most deserving of                   excessive and far exceeds the limits dictated by
promotion under the 1996 promotions procedure and (2)                  common sense and normal expectations.
damages together with interest Ð the Court of First
Instance (Fourth Chamber), composed of P. Lindh,                       The effluxion of that period engendered and
President, K. Lenaerts and J. D. Cooke, Judges; H. Jung,               reinforced the applicant's legitimate expectation that it
Registrar, made an order on 11 June 1998, the operative                would adopt a decision approving the certificates
part of which is as follows:                                           issued by the DAFSE approving the claim for final
                                                                       payment submitted by the applicant.
1. The application is dismissed.
2. Each party is to bear its own costs.                                Since the Commission should have adopted its
                                                                       decision immediately after certification by the DAFSE
                                                                       had come to its knowledge, it is evident that the
(1) OJ C 271, 6.9.1997.
                                                                       period of 10 years (1988 to 1998) is excessive and
                                                                       exceeds the limits dictated by common sense and
                                                                       normal expectations.
                                                                       The Commission overstepped the rules of sound
Action brought on 26 May 1998 by EugeÂnio Branco L.da                  administration.
   against the Commission of the European Communities
                        (Case T-83/98)                                 If Member States are required to submit to the
                         (98/C 278/83)                                 Commission applications for payment within 10
                                                                       months from the end of programmes, failing which
             (Language of the case: Portuguese)                        they may not receive payment of the contribution
                                                                       concerned, then the Commission should issue its
An action against the Commission of the European                       decision approving that application for final payment
Communities was brought before the Court of First                      at least within as many months.