CELEX: C1998/358/27
Language: en
Date: 1998-11-21 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 30 September 1998 in Case T-154/96: Christiane Chvatal and Others v. Court of Justice of the European Communities (Officials - Termination of service as a result of the accession of new Member States - Act adversely affecting an official - Objection of illegality - Legality of Regulation (EC, Euratom, ECSC) No 2688/95 - Equal treatment - Infringement of essential procedural requirements - Prior consultation of the institutions and of the Staff Regulations Committee)

21.11.98              EN                  Official Journal of the European Communities                                   C 358/13
                                                    COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            3. Orders the Chambre Syndicale de l'EÂlectromeÂtallurgie
                                                                          et de l'EÂlectrochimie and the Commission to bear their
                     of 15 October 1998                                   own costs.
     in Case T-2/95: Industrie des Poudres SpheÂriques v.
              Council of the European Union (1)
                                                                     (1) OJ C 54, 4.3.1995.
(Anti-dumping measures Ð Regulation (EEC) No 2423/88
Ð Calcium metal Ð Resumption of an anti-dumping
investigation Ð Right to a fair hearing Ð Like product Ð
Damage Ð Community interest Ð Statement of reasons
Ð Misuse of powers Ð Unenforceability of an anti-
           dumping regulation against an importer)
                        (98/C 358/26)
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           of 30 September 1998
                (Language of the case: French)
                                                                     in Case T-154/96: Christiane Chvatal and Others v. Court
                                                                               of Justice of the European Communities (1)
                                                                     (Officials Ð Termination of service as a result of the
In Case T-2/95: Industrie des Poudres SpheÂriques,                   accession of new Member States Ð Act adversely affecting
established in Annemasse (France), represented by Chantal            an official Ð Objection of illegality Ð Legality of
MomeÁge, of the Paris Bar, with an address for service in            Regulation (EC, Euratom, ECSC) No 2688/95 Ð Equal
Luxembourg at the Chambers of Alex Schmitt, 7 Val                    treatment Ð Infringement of essential procedural
Sainte-Croix, against Council of the European Union                  requirements Ð Prior consultation of the institutions and
(Agents: originally Ramón Torrent and Jorge Monteiro,                              of the Staff Regulations Committee)
then Mr Torrent and Yves Cretien, and subsequently Mr
Torrent, Antonio Tanca and Philip Bentley), supported by                                       (98/C 358/27)
Commission of the European Communities (Agents:
Nicholas      Khan     and      Xavier     Lewis),    PeÂchiney
EÂlectromeÂtallurgie, established in Courbevoie (France),
and Chambre Syndicale de l'EÂlectromeÂtallurgie et de
l'EÂlectrochimie, established in Paris, represented originally                        (Language of the case: French)
by Jacques-Philippe Gunther and Hubert de Broca, of the
Paris Bar, and subsequently by Mr Gunther alone, with an
address for service in Luxembourg at the Chambers of
Loesch and Wolter, 11 rue Goethe Ð application for                   In Case T-154/96: Christiane Chvatal and Others, officials
annulment of Council Regulation (EC) No 2557/94 of                   of the Court of Justice of the European Communities,
19 October 1994 imposing a definitive anti-dumping duty              represented by Jean-NoeÈl Louis, Thierry Demaseure and,
on imports of calcium metal originating in the People's              initially, Ariane Tornel, of the Brussels Bar, with an
Republic of China and Russia (OJ L 270, 21.10.1994,                  address for service in Luxembourg at the offices of
p. 27) and, in the alternative, for a declaration that that          Fiduciaire Myson SARL, 30 rue de Cessange, v. Court of
regulation is unenforceable against the applicant Ð the              Justice of the European Communities (Agent: Timothy
Court of First Instance (Fifth Chamber, Extended                     Millett), supported by Council of the European Union
Composition), composed of: J. Azizi, President, B.                   (Agents: Diego Canga Fano and TheÂreÁse Blanchet) and
Vesterdorf, R. García-Valdecasas, R. M. Moura Ramos                  Kingdom of the Netherlands (Agents: Marc Fierstra and
and M. Jaeger, Judges; B. Pastor, Principal Administrator,           Johannes Steven van den Oosterkamp) Ð application for
and A. Mair, Administrator, for the Registrar, has given a           annulment of the decisions of the Court of Justice
judgment on 15 October 1998, in which it:                            rejecting the applicants' requests that their names be
                                                                     entered on the list of persons having manifested their
                                                                     interest in being the subject of a decision terminating their
                                                                     service as a result of the accession of Austria, Finland and
1. Dismisses the application;                                        Sweden, and for a declaration that Council Regulation
                                                                     (EC, Euratom, ECSC) No 2688/95 of 17 November 1995
                                                                     introducing special measures to terminate the service of
                                                                     officials of the European Communities as a result of the
2. Orders the applicant to bear its own costs and those              accession of Austria, Finland and Sweden (OJ L 280,
     of the Council, including those of the application for          23.11.1995, p. 1) is unlawful inasmuch as it applies only
     the adoption of interim measures, and the costs of the          to officials of the European Parliament Ð the Court of
     intervener PeÂchiney EÂlectromeÂtallurgie;                      First Instance (Fifth Chamber), composed of: J. Azizi,
 ---pagebreak--- C 358/14              EN                 Official Journal of the European Communities                                    21.11.98
President, and R. García-Valdecasas and M. Jaeger,                    JUDGMENT OF THE COURT OF FIRST INSTANCE
Judges; B. Pastor, Principal Administrator, for the
                                                                                         of 30 September 1998
Registrar, has given a judgment on 30 September 1998, in
which it:                                                           in Case T-13/97: Antoinette Losch v. Court of Justice of
                                                                                     the European Communities (1)
1. Annuls the decisions of the Court of Justice addressed:          (Officials Ð Termination of service as a result of the
                                                                    accession of new Member States Ð Act adversely affecting
    Ð on 28 February 1996 to Christiane Chvatal,                    an official Ð Objection of illegality Ð Legality of
                                                                    Regulation (EC, Euratom, ECSC) No 2688/95 Ð Equal
                                                                    treatment Ð Infringement of essential procedural
    Ð on 24 April 1996 to Jean-Yves Delaval,                        requirements Ð Prior consultation of the institutions and
                                                                                 of the Staff Regulations Committee)
    Ð on 28 February 1996 to Jean Demaeght,                                                  (98/C 358/28)
    Ð on 28 February 1996 to Giovanna Dragoni,
                                                                                    (Language of the case: French)
    Ð on 28 February 1996 to John Hambly,
    Ð on 24 April 1996 to Marc Kemmerling-Laleure,                  In Case T-13/97: Antoinette Losch, an official of the
                                                                    Court of Justice of the European Communities,
                                                                    represented by Jean-NoeÈl Louis, Thierry Demaseure and,
    Ð on 11 March 1996 to Kirsten Lammar,                           initially, Ariane Tornel, of the Brussels Bar, with an
                                                                    address for service in Luxembourg at the offices of
    Ð on 28 February 1996 to TheÂo Lippert,                         Fiduciaire Myson SARL, 30 rue de Cessange, v. Court of
                                                                    Justice of the European Communities (Agent: Timothy
                                                                    Millett), supported by Council of the European Union
    Ð on 28 February 1996 to Angus Mackay,                          (Agents: Diego Canga Fano and TheÂreÁse Blanchet) and
                                                                    Kingdom of the Netherlands (Agents: Marc Fierstra and
    Ð on 28 February 1996 to Kaj éstergaard,                        Johannes Steven van den Oosterkamp) Ð application for
                                                                    annulment of the decision of the Court of Justice of
                                                                    22 July 1996 rejecting the applicants' requests that her
    Ð on 28 February 1996 to Maureen Russell,                       name be entered on the list of persons having manifested
                                                                    their interest in being the subject of a decision terminating
    Ð on 11 March 1996 to Ulrike Sinter,                            their service as a result of the accession of Austria, Finland
                                                                    and Sweden, and for a declaration that Council
                                                                    Regulation (EC, Euratom, ECSC) No 2688/95 of
    Ð on 28 February 1996 to Aristides Vlachos,                     17 November 1995 introducing special measures to
                                                                    terminate the service of officials of the European
    Ð on 28 February 1996 to Hans Gerhard Weller,                   Communities as a result of the accession of Austria,
                                                                    Finland and Sweden (OJ L 280, 23.11.1995, p. 1) is
                                                                    unlawful inasmuch as it applies only to officials of the
    rejecting their requests that their names be entered on         European Parliament Ð the Court of First Instance (Fifth
    the list of persons having manifested their interest in         Chamber), composed of: J. Azizi, President, and R.
    being the subject of a decision terminating their               García-Valdecasas and M. Jaeger, Judges; B. Pastor,
    service, as provided for by Council Regulation (EC,             Principal Administrator, for the Registrar, has given a
    Euratom, ECSC) No 2688/95 of 17 November 1995                   judgment on 30 September 1998, in which it:
    introducing special measures to terminate the service
    of officials of the European Communities as a result of
    the accession of Austria, Finland and Sweden;                   1. Annuls the decision of the Court of Justice of 22 July
                                                                         1996 rejecting the request made by Antoinette Losch
                                                                         on 16 July 1996 that her name be entered on the list
2. Orders the Court of Justice to bear its own costs and
                                                                         of persons having manifested their interest in being the
    to pay the costs of the applicants;
                                                                         subject of a decision terminating their service, as
                                                                         provided for by Council Regulation (EC, Euratom,
                                                                         ECSC) No 2688/95 of 17 November 1995 introducing
3. Orders the Kingdom of the Netherlands and the
                                                                         special measures to terminate the service of officials of
    Council of the European Union to bear their own
                                                                         the European Communities as a result of the accession
    costs.
                                                                         of Austria, Finland and Sweden;
(1) OJ C 354, 23.11.1996.
                                                                    2. Orders the Court of Justice to bear its own costs and
                                                                         to pay the costs of the applicants;