CELEX: C1998/137/28
Language: en
Date: 1998-05-02 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 March 1998 in Case T-74/96: Georges Tzoanos v. Commission of the European Communities (Officials - Decision ordering removal from post - Action for annulment - Concurrent disciplinary proceedings and criminal proceedings - Errors of assessment - Right to a fair hearing - Articles 12, 13, 14, 21 and 86 of the Staff Regulations - Principle of proportionality - Principle of equal treatment - Misuse of powers)

2.5.98                EN                Official Journal of the European Communities                                 C 137/13
result to be achieved, on each Member State to which it is                  Removal from the register of C-261/97 (1)
addressed, Member States are required to observe the time
                                                                                           (98/C 137/26)
limits laid down in directives for their transposition. That
time limit expired on 1 July 1994 in respect of Directive
93/18/EEC and on 20 December 1994 in respect of
Directive 94/60/EC without the Italian Republic having             By order of 11 February 1998 the President of the Court
brought into force the necessary provisions in order to            of Justice of the European Communities has ordered the
comply therewith.                                                  removal from the register of Case C-261/97 (reference for
                                                                   a preliminary ruling from the Cour d'Appel, Douai): Karl
(1) OJ L 104, 29.4.1993, p. 46.                                    Heinz Baumann v. Urssaf Lille.
(2) OJ L 365, 31.12.1994, p. 1.
                                                                   (1) OJ C 271, 6.9.1997.
                                                  COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          4. orders the Commission to pay the costs.
                      of 17 March 1998
                                                                   (1) OJ C 333, 9.12.1995.
in Case T-183/95: Giuseppe Carraro v. Commission of the
                  European Communities (1)
(Officials Ð Article 24 of the Staff Regulations Ð Duty to
provide assistance Ð Decision implicitly rejecting a
                            request)
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                        (98/C 137/27)
                                                                                         of 19 March 1998
                                                                   in Case T-74/96: Georges Tzoanos v. Commission of the
               (Language of the case: Italian)                                       European Communities (1)
                                                                   (Officials Ð Decision ordering removal from post Ð
In Case T-183/95: Giuseppe Carraro, an official of the             Action for annulment Ð Concurrent disciplinary
Commission of the European Communities, assigned to                proceedings and criminal proceedings Ð Errors of
the Joint Research Centre, Ispra, residing at Ispra (Italy),       assessment Ð Right to a fair hearing Ð Articles 12, 13,
represented by Giuseppe Marchesini, advocate with a right          14, 21 and 86 of the Staff Regulations Ð Principle of
of audience before the Italian Court of Cassation, with an         proportionality Ð Principle of equal treatment Ð Misuse
address for service in Luxembourg at the Chambers of                                         of powers)
Ernest Arendt, 8-10 rue Mathias Hardt, v. Commission of                                    (98/C 137/28)
the European Communities (Agent: Gianluigi Valsesia) Ð
application, first, for annulment of the decision of the
Commission implicitly rejecting the request for assistance                        (Language of the case: French)
submitted by the applicant on 28 July 1994 and, second,
for compensation Ð the Court of First Instance (Third              In Case T-74/96: Georges Tzoanos, a former official of the
Chamber), composed of: V. Tiili, President, and C. P. BrieÈt       Commission of the European Communities, residing in
and A. Potocki, Judges; B. Pastor, Principal Administrator,        Brussels, represented by Eric Boigelot, of the Brussels Bar,
for the Registrar, has given a judgment on 17 March                with an address for service in Luxembourg at the
1998, in which it:                                                 Chambers of Louis Schiltz, 2, rue du Fort Rheinsheim, v.
                                                                   Commission of the European Communities (Agents:
                                                                   Gianluigi Valsesia, Denis Waelbroeck and Olivier
1. annuls the decision of the Commission implicitly                Speltdoorn) Ð application for annulment of the decision
    rejecting the request for assistance submitted by the          of the Commission of 22 June 1995 removing the
    applicant on 28 July 1994;                                     applicant from his post without loss of entitlement to a
                                                                   retirement pension and for annulment of the decision of
                                                                   19 February 1996 expressly rejecting the complaint lodged
2. orders the Commission to pay the applicant the token            by the applicant on 21 September 1995 against the
    sum of ECU 1 by way of compensation for the non-               decision of 22 June 1995 Ð the Court of First Instance
    material damage suffered;                                      (Fourth Chamber), composed of: P. Lindh, President, and
                                                                   K. Lenaerts and J. D. Cooke, Judges; B. Pastor, Principal
                                                                   Administrator, for the Registrar, has given a judgment on
3. dismisses the remainder of the action;                          19 March 1998, in which it:
 ---pagebreak--- C 137/14             EN                   Official Journal of the European Communities                                      2.5.98
1. dismisses the application;                                             ORDER OF THE COURT OF FIRST INSTANCE
                                                                                          of 13 February 1998
2. orders the parties to bear their own costs.                       in Case T-195/96: Spyridoula Alexopoulou v. Commission
                                                                                   of the European Communities (1)
(1) OJ C 233, 10.8.1996.                                             (Officials Ð Article 31(2) of the Staff Regulations Ð
                                                                     Claims which are manifestly inadmissible or wholly
                                                                                           unfounded in law)
                                                                                             (98/C 137/30)
                                                                                    (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                     In Case T-195/96: Spyridoula Alexopoulou, an official of
                      of 19 March 1998                               the Commission of the European Communities, residing in
                                                                     Brussels, represented by Constantin Nikis, of the Brussels
in Case T-83/96: Gerard van der Wal v. Commission of
                                                                     Bar, with an address for service in Luxembourg at the
               the European Communities (1)
                                                                     Chambers of Louis Schiltz, 2 rue du Fort Rheinsheim, v.
(Access to information Ð Commission Decision 94/90/                  Commission of the European Communities (Agents:
ECSC/EC/Euratom Ð Refusal of access Ð Scope of the                   Gianluigi Valsesia and Julian Currall) Ð application, first,
exception relating to the protection of the public interest          for annulment of the decision of the Commission of
Ð Court proceedings Ð European Convention on Human                   8 January 1996 classifying the applicant in grade A 7,
                       Rights, Article 6)                            step 5, and implicitly refusing to classify her in grade A 6,
                                                                     second, for annulment of the decision of 28 August 1996
                        (98/C 137/29)                                rejecting a complaint against that decision and, third, for
                                                                     compensation for the material damage suffered by the
                                                                     applicant Ð the Court of First Instance (First Chamber),
               (Language of the case: Dutch)                         composed of A. Saggio, President, and B. Vesterdorf and J.
                                                                     Pirrung, Judges; H. Jung, Registrar, made an order on
                                                                     13 February 1998, the operative part of which is as
In Case T-83/96: Gerard van der Wal, residing in                     follows:
Kraainem, Belgium, represented initially by Caroline P.
Bleeker and Laura Y. J. M. Parret, of the Hague Bar and
                                                                     1. the action is dismissed;
the Brussels Bar respectively, and subsequently by Laura
Y. J. M. Parret, with an address for service in Luxembourg
at the Chambers of Aloyse May, 31, Grand-rue, supported              2. the parties are ordered to bear their own costs.
by Kingdom of the Netherlands (Agents: Marc Fierstra
and Johannes S. van den Oosterkamp), against                         (1) OJ C 54, 22.2.1997.
Commission of the European Communities (Agents:
Wouter Wils and Ulrich Wölker) Ð application for the
annulment of the Commission's Decision of 29 March
1996 refusing the applicant access to letters sent by the
Directorate-General for Competition to national courts in
the context of the notice on cooperation between national                 ORDER OF THE COURT OF FIRST INSTANCE
courts and the Commission in applying Articles 85 and 86
of the EC Treaty Ð the Court of First Instance (Fourth                                    of 28 January 1998
Chamber), composed of: K. Lenaerts, President, P. Lindh              in Case T-172/97: Camar Srl v. Commission of the
and J. D. Cooke, Judges; H. Jung, Registrar, has given a                               European Communities (1)
judgment on 19 March 1998, in which it:
                                                                     (Agriculture Ð Common organisation of the markets Ð
                                                                     Bananas Ð Application for the allocation of additional
                                                                     import licences Ð Action for a declaration of failure to
1. dismisses the application;
                                                                     act Ð Action for damages Ð No need to adjudicate Ð
                                                                                      Removal from the Register)
2. orders the applicant to pay the costs incurred by the                                     (98/C 137/31)
    defendant;
                                                                                    (Language of the case: Italian)
3. orders the Kingdom of the Netherlands to bear its                 In Case T-172/97: Camar Srl, having its registered office
    own costs.                                                       in Florence (Italy), represented by Wilma Viscardini DonaÁ,
                                                                     assisted by Mariano Paolin and Simonetta DonaÁ, of the
(1) OJ C 233, 10.8.1996.                                             Padua Bar, with an address for service in Luxembourg at
                                                                     the Chambers of Ernst Arendt, 8-10, rue Mathias Hardt,
                                                                     against Commission of the European Communities
                                                                     (Agents: Hubertus van Vliet, Paolo Ziotti and Alberto Dal