CELEX: C2001/028/10
Language: en
Date: 2001-01-27 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 9 November 2000 in Case C-148/99: United Kingdom of Great Britain and Northern Ireland v Commission of the European Communities (EAGGF — Clearance of accounts — 1995 financial year — Regulation (EEC) No 1164/89 — Aid for fibre flax and hemp)

C 28/6                  EN                       Official Journal of the European Communities                                          27.1.2001
(Labour Court, Turin), Italy, for a preliminary ruling in the               — application for partial annulment of Commission Decision
proceedings pending before that court between Roberto Vitari                1999/187/EC of 3 February 1999 on the clearance of the
and European Training Foundation — on the interpretation of                 accounts presented by the Member States in respect of the
Article 79 of the Conditions of Employment of other Servants                expenditure for 1995 of the Guarantee Section of the European
of the European Communities — the Court, (Fifth Chamber),                   Agricultural Guidance and Guarantee Fund (OJ 1999 L 61,
composed of: A. La Pergola, President of the Chamber,                       p. 37) in so far as it excludes from Community financing
M. Wathelet (Rapporteur), D.A.O. Edward, P. Jann and                        expenditure of GBP 869 283 incurred in the United Kingdom
L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                under the scheme established by Commission Regulation (EEC)
R. Grass, Registrar, has given a judgment on 9 November                     No 1164/89 of 28 April 1989 laying down detailed rules
2000, in which it has ruled:                                                concerning the aid for fibre flax and hemp (OJ 1989 L 121,
                                                                            p. 4) — the Court (Fifth Chamber), composed of: D.A.O.
                                                                            Edward, acting as President of the Fifth Chamber, L. Sevón
On a proper construction of Article 79 of the Conditions of                 and P. Jann (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Employment of other Servants of the European Communities, that              Advocate General; L. Hewlett, Administrator, for the Registrar,
provision precludes the possibility for a Community institution to          has given a judgment on 9 November 2000, in which it:
conclude a fixed-term contract of employment with a member of its
local staff where that is contrary to its own rules applicable to the       1.    Annuls Commission Decision 1999/187/EC of 3 February
conditions of employment of local staff and drawn up in accordance                1999 on the clearance of the accounts presented by the Member
with the rules and practice of the State in which the duties are                  States in respect of the expenditure for 1995 of the Guarantee
performed. It is therefore for the national court to determine whether,           Section of the European Agricultural Guidance and Guarantee
in accordance with Article 3 of the rules governing the conditions of             Fund, in so far as it excludes from Community financing
employment of local staff serving in Italy adopted by the Commission,             expenses of GBP 869 283 incurred in the United Kingdom of
the circumstances surrounding the work, or the nature of that work,               Great Britain and Northern Ireland under the scheme estab-
made it necessary for the local-staff contract between the parties to             lished by Commission Regulation (EEC) No 1164/89 of
the main proceedings to be concluded for a fixed term. If not, it is for          28 April 1989 laying down detailed rules concerning the aid
the national court to convert that contract into a contract of                    for fibre flax and hemp;
employment for an indefinite period.
                                                                            2.    Orders the Commission of the European Communities to pay
                                                                                  the costs.
(1) OJ C 204 of 17.7.1999.
                                                                            (1) OJ C 188 of 3.7.1999.
                  JUDGMENT OF THE COURT
                                                                                               JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                              (Fifth Chamber)
                       of 9 November 2000                                                            of 9 November 2000
in Case C-148/99: United Kingdom of Great Britain                           in Case C-207/99 P: Commission of the European Com-
and Northern Ireland v Commission of the European                                           munities v Claudine Hamptaux (1)
                           Communities (1)
                                                                            (Appeal — Officials — Promotion — Consideration of
(EAGGF — Clearance of accounts — 1995 financial year                                                  comparative merits)
— Regulation (EEC) No 1164/89 — Aid for fibre flax and
                                 hemp)                                                                   (2001/C 28/11)
                            (2001/C 28/10)
                                                                                                  (Language of the case: French)
                    (Language of the case: English)                         (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-148/99: United Kingdom of Great Britain and
Northern Ireland (Agent: J.E. Collins, assisted by A. Sutton) v             In Case C-207/99 P: Commission of the European Communi-
Commission of the European Communities (Agent: P. Oliver)                   ties (Agents: C. Berardis-Kayser and F. Duvieusart-Clotuche and