CELEX: C1996/233/12
Language: en
Date: 1996-08-10 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 June 1996 in Case T-573/93: Manuel Francisco Caballero Montoya v. Commission of the European Communities (Officials - Person treated as a dependent child - Article 2 (4) of Annex VII to the Staff Regulations - General implementing provisions - Unlawfulness - Misapplication - Retroactive effect)

10 . 8 . 96            EN                    Official Journal of the European Communities                               No C 233/7
                                                       COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 19 June 1996                                                          of 21 June 1996
in Case T-573/93 : Manuel Francisco Caballero Montoya v.                in Case T-226/94: Paul Dischamp SA v. Commission of the
        Commission of the European Communities (')                                        European Communities (')
(Officials — Person treated as a dependent child —                       (Suspension of the buying-in of butter by the intervention
Article 2 (4) of Annex VII to the Staff Regulations —                                 agencies — Action for damages)
General implementing provisions — Unlawfulness —                                                  ( 96/C 233/ 13 )
            Misapplication — Retroactive effect)
                         ( 96/C 233 / 12 )
                                                                                        (Language of the case: French)
               (Language of the case: Spanish)                          In Case T-226/94 : Paul Dischamp SA, established at Sayat
                                                                        ( France ), represented by François Vignancour, of the
                                                                        Clermont-Ferrand Bar, and Louis Schiltz, of the
                                                                        Luxembourg Bar, with an address for service in
In Case T-573/93 : Manuel Francisco Caballero Montoya ,
                                                                        Luxembourg at the latter's Chambers v . Commission of the
an official of the Commission of the European
                                                                        European Communities ( Agent : Gérard Rozet ) —
Communities, represented by Juan Ramon Iturriagagoitia
                                                                        application for compensation for the damage allegedly
Bassas, of the Madrid Bar, with an address for service in
                                                                        suffered by the applicant following suspension of the
Luxembourg at the Chambers of Marc Loesch, 8 Rue Zithe ,                arrangements for the buying-in of butter by the intervention
v . Commission of the European Communities ( Agents : Ana               agencies from 1 1 January 1991 to 26 February 1991 — the
Maria Alves Vieira and Blanca Rodriguez Galindo ) —
                                                                        Court of First Instance ( Fifth Chamber ), composed of: R.
application, primarily, for a declaration that the general              Schintgen , President, R. García-Valdecasas and J. Azizi ,
implementing provisions relating to persons treated as                  Judges; H. Jung, Registrar, has given a judgment on 21 June
dependent children , adopted by the Commission on                       1996 , in which it:
28 September 1989 , in particular Article 6 thereof and the
connected rules , are illegal and, in the alternative, for
annulment      of  the   decision   of     the   Commission    of
                                                                        1 , dismisses the application;
2 September 1993 rejecting the complaint lodged by the
applicant against the decision partially rejecting his request          2 , orders the applicant to pay the costs.
of 3 December 1992 for his two sons, M. J. and J. J. , to be
treated as dependent children — the Court of First Instance             (>) OJ No C 218 , 6 . 8 . 1994 .
( Second Chamber ), composed of: H. Kirschner, President,
and C. W. Bellamy and A. Kalogeropoulos, Judges; H. Jung,
Registrar, has given a judgment on 19 June 1996 , in which
it :
1 , annuls the decision of the Commission of 2 September                 JUDGMENT OF THE COURT OF FIRST INSTANCE
     1993 , notified to the applicant by letter of 6 September                                   of 21 June 1996
     1993 , rejecting his complaint against the decision of
                                                                        in Case T-41 /95 : Andrew Macrae Moat v . Commission of
     12 February 1993 , together with the latter decision ,
     inasmuch as, whilst those decisions acknowledged the                               the European Communities (')
     applicant's entitlement to the allowance for a person              (Officials — Action for damages — Implemention of a
     treated as a dependent child as regards the first of his           judgment annulling an appointment — Late completion of
     two sons, they refused to grant him that allowance in                                          staff report)
     respect of his second son;                                                                   ( 96/C 233/ 14 )
                                                                                       (Language of the case: English)
2 , dismisses the remainder of the action;
                                                                        In Case T-41 /95 : Andrew Macrae Moat, a former official of
3 , orders the Commission to pay the costs.                             the Commission of the European Communities, represented
                                                                        initially by Jacques Verhaegen , of the Brussels Bar, and
                                                                        subsequently by Mark Clough, Barrister, of the Bar of
(') OJ No C 27, 28 . 1 . 1994 .                                         England and Wales, against Commission of the European
                                                                        Communities ( Agents : Thomas F. Cusack and Julian
                                                                        Currall ) — application for compensation for harm allegedly
                                                                        suffered by the applicant as a result of the failure to
                                                                        implement or delay in implementing the judgment of the