CELEX: C1997/074/41
Language: en
Date: 1997-03-08 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 29 January 1997 in Case T-7/94: Hilde Adriaenssens and Others v. Commission of the European Communities (Officials - Actions for annulment of measures - Pay slips applying the scales in respect of certain parental contributions fixed by a joint interinstitutional committee - Admissibility - Time-limits - Time-barred)

8 . 3 . 97            1 EN 1               Official Journal of the European Communities                               No C 74/ 19
  JUDGMENT OF THE COURT OF FIRST INSTANCE                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 22 January 1997                                                   of 29 January 1997
                                                                            in Case T-7/94 : Hilde Adriaenssens and Others v.
in Case T-l 15/94: Opel Austria GmbH v. Council of the                        Commission of the European Communities ( l )
                        European Union O
                                                                      (Officials — Actions for annulment of measures — Pay
(Withdrawal of tariff concessions — Agreement on the                  slips applying the scales in respect of certain parental
European Economic Area — Obligation under public                      contributions fixed by a joint interinstitutional committee
international law not to deprive a treaty of its object                      — Admissibility — Time-limits — Time-barred)
and purpose before its entry into force — Principle of
                                                                                                  ( 97/C 74/41 )
protection of legitimate expectations — Principle of legal
         certainty — Publication in the Official Journal)
                                                                                      (Language of the case: French)
                            ( 97/C 74/40 )
                                                                      In Case T-7/94 : Hilde Adriaenssens, Irma Both, Maria
                                                                      Luisa Cipriano, Raffaella Fraconfini, Christine Mitchell,
                                                                      Paloma Moreno-Doz, Jennifer Perry, Alexandros
                 (Language of the case: English)                      Athanassiadis, Francisco de Vicente and Philippe Tempe,
                                                                      officials of the Commission of the European Communities,
                                                                      represented by Alain Lorang, of the Luxembourg Bar, with
In Case T-l 15/94: Opel Austria GmbH, formerly General                an address for service in Luxembourg at his Chambers, 51
Motors Austria GmbH, whose registered office is in                    rue Albert 1er, v. Commission of the European
Vienna, Austria, represented by Dirk Vandermeersch, of                Communities ( Agents : initially, Joseph Griesmar and,
the Brussels Bar, and Till Müller-Ibold, Rechtsanwalt,                subsequently, Ana Maria Alves Vieira and Julian Currall )
Frankfurt am Main, with an address for service in                     — application, first, for annulment of the implicit
Luxembourg at the Chambers of Arendt and Medernach,                   decisions of the Commission rejecting the applicants '
8-10 rue Mathias Hardt, supported by Republic of Austria              complaints seeking to have the scales applied in
( Agents: initially Irene Janisch, subsequently Beatrix               Luxembourg on the levying of the parental contributions
Matousek-Horak and Christian Kremer) v. Council of the                which they are required to pay as users of the nursery,
European Union, ( Agents : Bjarne Hoff-Nielsen and Hans-              kindergarten and study centre services brought into line
Jiirgen Rabe and Georg M. Berrisch ), supported by                    with those in force in Brussels, and, second, in so far as
Commission of the European Communities, ( Agents: John                those decisions are based on the decision of the Social
Forman, Eric White and Theofanis Christoforou ) —                     Activities Committee fixing those scales, for a declaration
application for anulment of Council Regulation ( EC )                 that that decision is illegal — the Court of First Instance
No 3697/93 of 20 December 1993 withdrawing tariff                     ( First Chamber ), composed of: A. Saggio, President, and
concessions in accordance with Article 23 (2 ) and                    V. Tiili and R. M. Moura Ramos, Judges; H. Jung,
Article 27 ( 3 ) ( a ) of the Free Trade Agreement between            Registrar, has given a judgment on 29 January 1997, in
the Community and Austria ( General Motors Austria ) ( OJ             which it:
No L 343 , 31 . 12 . 1993 , p. 1 ), — the Court of First
 Instance ( Fourth Chamber), composed of: K. Lenaerts,                 1 . dismisses the action as inadmissible;
 President, P. Lindh and J. D. Cooke, Judges; H. Jung,
 Registrar, has given a judgment on 22 January 1997, in               2 . orders the defendants to pay all the costs.
 which it :
                                                                      (') OJ No C 43 , 12 . 2 . 1994 .
 1 . annuls Council Regulation (EC) No 3697/93 of
       20 December 1993 withdrawing tariff concessions in
       accordance with Article 23 (2) and Article 27 (3) (a)
       of the Free Trade Agreement between the Community
       and Austria (General Motors Austria);                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              of 29 January 1997
                                                                       in Case T-297/94 : Joelle Vanderhaeghen v. Commission of
 2 . orders the Council to bear its own costs and pay the                              the European Communities ( l )
       applicant's costs;                                              (Officials — Actions for annulment of measures —
                                                                       Admissibility — Pay slips applying the scales in respect of
                                                                       certain parental contributions fixed by a joint inter­
 3 . orders the Commission and the Republic of Austria to              institutional committee — Principle of equality of
       bear their own costs .                                                                        treatment)
                                                                                                     97/C 74/42 )
 (') OJ No C 132 , 14 . 5 . 1994 .                                                     (Language of the case: French)
                                                                       In Case T-297/94: Joelle Vanderhaeghen, an official of the
                                                                       Commission of the European Communities, residing at