CELEX: C1998/258/53
Language: en
Date: 1998-08-15 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 10 June 1998 in Case T-116/95: Cementir-Cementerie del Tirreno SpA v Commission of the European Communities (Inadmissibility - Confirmatory act - Lis pendens)

15.8.98              EN                  Official Journal of the European Communities                                C 258/31
the Court (Second Chamber, Extended Composition),                   of 19 December 1994 adjusting, with effect from 1 July
composed of: C. W. Bellamy, President, K. Lenaerts, C. P.           1994, the remuneration and pensions of officials and other
BrieÈt, A. Kalogeropoulos and A. Potocki, Judges; J.                servants of the European Communities and the weightings
Palacio GonzaÂlez, Administrator, has given a judgment on           applied thereto (OJ L 335 of 23.12.1994, p. 1), and,
25 June 1998, in which it:                                          secondly, applications for the payment of arrears, together
                                                                    with default interest at the rate of 8 % Ð the Court of
1. Joins Cases T-371/94 and T-394/94 for the purposes of            First Instance (Second Chamber), composed of A.
     judgment;                                                      Kalogeropoulos, President, C. W. Bellamy and J. Pirrung,
                                                                    Judges; H. Jung, Registrar, gave a judgment on 7 July
2. Annuls Commission Decision 94/653/EC of 27 July                  1998, in which it:
     1994 concerning the notified capital increase of Air
     France;
                                                                    1. Dismisses the actions.
3. Orders the Commission to pay the costs, including
     those of the interveners Maersk Air I/S and Maersk
     Air Ltd;                                                       2. Orders the parties to bear their own costs.
4. Orders Compagnie Nationale Air France, the French                (1) OJ 1996 C 64.
     Republic, the Kingdom of Denmark, the United
     Kingdom of Great Britain and Northern Ireland, the
     Kingdom of Sweden and the Kingdom of Norway to
     bear their own costs.
(1) OJ C 386 of 31.12.1994 and C 392 of 31.12.1994.
                                                                         ORDER OF THE COURT OF FIRST INSTANCE
                                                                                           of 10 June 1998
                                                                    in Case T-116/95: Cementir-Cementerie del Tirreno SpA v
                                                                            Commission of the European Communities (1)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                      (Second Chamber)                                  (Inadmissibility Ð Confirmatory act Ð Lis pendens)
                        of 7 July 1998                                                      (98/C 258/53)
in Joined Cases T-238/95, T-239/95, T-240/95, T-241/95
and T-242/95: Francesco Mongelli v Commission of
                the European Communities (1)                                       (Language of the case: Italian)
(Officials Ð Pensions Ð Weighting Ð Determination Ð
                        Exchange rate)                              In Case T-116/95: Cementir-Cementerie del Tirreno SpA,
                        (98/C 258/52)                               established in Rome, represented by Gian Michele Roberti
                                                                    and Antonio Tizzano, of the Naples Bar, with an address
                (Language of the case: Italian)                     for service in Luxembourg at the Chambers of Alain
                                                                    Lorang, 51 Rue Albert 1er, v Commission of the European
In Joined Cases T-238/95, T-239/95, T-240/95, T-241/95              Communities (Agent: Giuliano Marenco) Ð application
and T-242/95: Francesco Mongelli, former official of the            for annulment of a letter of 2 March 1995 from the
Commission of the European Communities, residing in                 Commission rejecting a request for reduction of the fine
Cecina (Italy), Alberto Castagnoli, former official of the          imposed on the applicant by Commission Decision 94/
Commission of the European Communities, residing in                 815/EC of 30 November 1994 relating to a proceeding
Segrate (Italy), Eduardo Capuano, former official of the            under Article 85 of the EC Treaty (Cases IV/33.126 and
Commission of the European Communities, residing at                 33.322 Ð Cement) (OJ L 343 of 30.12.1994, p. 1) Ð the
Rome, Vittorio Sadini, former official of the Commission            Court of First Instance (Fourth Chamber, Extended
of the European Communities, residing in Segrate (Italy),           Composition), composed of P. Lindh, President, and R.
and Lando Tinelli, former official of the Commission of             García-Valdecasas, K. Lenaerts, J. Azizi and M. Jaeger,
the European Communities, residing at Rome, represented             Judges; H. Jung, Registrar, made an order on 10 June
by Giuseppe Marchesini, advocate with the right of                  1998, the operative part of which is as follows:
audience before the Corte Suprema di Cassazione, with
an address for service in Luxembourg at the Chambers
of Ernst Arendt, 8-10 Rue Mathias Hardt, against                    1. The action is dismissed as inadmissible.
Commission of the European Communities (Agent:
Gianluigi Valsesia), supported by Council of European
Communities (Agents: Diego Canga Fano, Marco-                       2. The applicant shall pay the costs.
Umberto Moricca and Paolo Martino Cossu) Ð first,
application for annulment of the applicants' pension                (1) OJ C 208 of 12.8.1995.
statements in respect of the period from January 1995, in
so far as they apply the weighting fixed for Italy at 94.2
by Council Regulation (EC, Euratom, ECSC) No 3161/94