CELEX: C1998/041/33
Language: en
Date: 1998-02-07 00:00:00
Title: Reference for a preliminary ruling by the Landgericht Düsseldorf by order of that court of 8 December 1997 in the case of Salomone Haim against Kassenzahnärztliche Vereinigung Nordrhein (Case C-424/97)

7.2.98                EN                 Official Journal of the European Communities                                   C 41/17
Reference for a preliminary ruling by the Landgericht                   individual decision, can the public law body be held
Düsseldorf by order of that court of 8 December 1997 in                 liable as well as the Member State?
the case of Salomone Haim against Kassenzahnärztliche
                    Vereinigung Nordrhein                           2. If so: Where a national official has either applied
                                                                        conflicting national law against Community law, or
                       (Case C-424/97)
                                                                        has applied national law in a manner that does not
                         (98/C 41/33)                                   comply with Community law, is there a serious breach
                                                                        of Community law simply on the ground that the
                                                                        official had no discretion in making his decision?
Reference has been made to the Court of Justice of the              3. Where a national of another Member State has been
European Communities by order of the Landgericht                        recognised in the host Member State as having the
(Regional Court) Düsseldorf of 8 December 1997,                         status of a dental practitioner but does not hold a
received at the Court Registry on 15 December 1997, for                 diploma mentioned in Article 3 of Directive 78/686/
a preliminary ruling in the case of Salomone Haim v.                    EEC (1), may the competent authorities of the host
Kassenzahnärztliche Vereinigung Nordrhein on the                        Member State make the admission of such person to
following questions:                                                    treat patients affiliated to social security schemes
                                                                        conditional upon his having the knowledge of
                                                                        languages which he needs for the exercise of his
1. If an official of a legally independent public law body              professional activity in the host State?
     of a Member State breaches primary Community law
     when applying national law in the context of an                (1) OJ L 233, 24.8.1978, p. 1.
                                                   COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           2. Each party shall bear its own costs.
                       (Third Chamber)
                                                                    (1) OJ C 94, 22.3.1997.
                    of 16 December 1997
in Case T-19/97: Claude Richter v. Commission of the
                  European Communities (1)
(Officials Ð Leave on personal grounds Ð Reinstatement
Ð Place of employment Ð Duty to have regard to the
 welfare of officials Ð Principle of sound administration)
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                         (98/C 41/34)
                                                                                        of 17 December 1997
                (Language of the case: French)                      in Case T-121/95: European Fertilizer Manufacturers
                                                                     Association (EFMA) v. Council of the European Union (1)
In Case T-19/97: Claude Richter, an official of the                  (Anti-dumping duties Ð Injury Ð Right to a fair hearing)
Commission of the European Communities, residing in
                                                                                             (98/C 41/35)
Luxembourg, represented by Jean-NoeÈl Louis, Thierry
Demaseure and Ariane Tornel, of the Brussels Bar, with an
address for service in Luxembourg at Fiduciaire Myson
                                                                                   (Language of the case: English)
SaÁrl, 30 Rue de Cessange, against Commission of the
European Communities (Agent: Julian Currall) Ð
application for compensation for the harm which the
applicant considered to have suffered as a result of the            In Case T-121/95: European Fertilizer Manufacturers
fact that the Commission did not reinstate him, at the end          Association (EFMA), established in Zurich (Switzerland),
of his leave on personal grounds, to the first vacant post          represented initially by Dominique Voillemot and Hubert
in his category and grade, in respect of which he was in            de Broca and subsequently by Dominique Voillemot and
possession of the requisite abilities Ð the Court of First          Olivier Prost, of the Paris Bar, with an address for service
Instance (Third Chamber), composed of V. Tiili, President,          in Luxembourg at the Chambers of Loesch and Wolter, 11
C. P. BrieÈt and A. Potocki, Judges; H. Jung, Registrar, gave       Rue Goethe v. Council of the European Union (Agents:
a judgment on 16 December 1997, the operative part of               Yves CreÂtien, Antonio Tanca, assisted by Hans-Jürgen
which is as follows:                                                Rabe and Georg M. Berrisch), supported by Commission
                                                                    of the European Communities (Agent: Nicholas Khan) Ð
                                                                    application for annulment of Article 1 of Council
1. The application is dismissed.                                    Regulation (EC) No 477/95 of 16 January 1995 amending