CELEX: C1998/358/29
Language: en
Date: 1998-11-21 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 1 October 1998 in Case T-155/97: Natural van Dam AG and Danser Container Line BV v. Commission of the European Communities (Inland waterway transport - Structural improvements - Conditions for bringing new vessels into service - Exclusion)

21.11.98              EN                Official Journal of the European Communities                                  C 358/15
3. Orders the Kingdom of the Netherlands and the                     JUDGMENT OF THE COURT OF FIRST INSTANCE
     Council of the European Union to bear their own
     costs.                                                                            of 30 September 1998
                                                                   in Case T-164/97: Silvio Busacca and Others v. Court of
( ) OJ C 74, 8.3.1997.
 1                                                                          Auditors of the European Communities (1)
                                                                   (Officials Ð Termination of service as a result of the
                                                                   accession of new Member States Ð Act adversely affecting
                                                                   an official Ð Objection of illegality Ð Legality of
                                                                   Regulation (EC, Euratom, ECSC) No 2688/95 Ð Equal
                                                                   treatment Ð Infringement of essential procedural
                                                                   requirements Ð Prior consultation of the institutions and
                                                                               of the Staff Regulations Committee)
   JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           (98/C 358/30)
                      of 1 October 1998
in Case T-155/97: Natural van Dam AG and Danser
Container Line BV v. Commission of the European                                   (Language of the case: French)
                       Communities (1)
(Inland waterway transport Ð Structural improvements Ð
Conditions for bringing new vessels into service Ð                 In Case T-164/97: Silvio Busacca and Others, officials of
                           Exclusion)                              the Court of Auditors of the European Communities,
                         (98/C 358/29)                             represented by Georges Vandersanden and Laure Levi, of
                                                                   the Brussels Bar, with an address for service in
                                                                   Luxembourg at the offices of Fiduciaire Myson SARL, 30
                                                                   Rue de Cessange, v. Court of Auditors of the European
                (Language of the case: Dutch)                      Communities (Agents: Jean-Marie Stenier, Jan Inghelram,
                                                                   Paolo Giusta and Christina Friedrich) Ð application for
                                                                   annulment of the decisions of the Court of Auditors of
                                                                   16 September 1996 rejecting the applicants' requests that
In Case T-155/97: Natural van Dam AG, established in               their names be entered on the list of persons having
Basle (Switzerland) and Danser Container Line BV,                  manifested their interest in being the subject of a decision
established in Sliedrecht (Netherlands), represented by            terminating their service as a result of the accession of
Marius J. van Dam, of the Rotterdam Bar, with an address           Austria, Finland and Sweden Ð the Court of First
for service in Luxembourg at the Chambers of Fernand               Instance (Fifth Chamber), composed of: J. Azizi, President,
Entringer, 34A rue Philippe II, against Commission of the          and R. García-Valdecasas and M. Jaeger, Judges; B. Pastor,
European Communities (Agents: initially Berend-Jan                 Principal Administrator, for the Registrar, has given a
Drijber, and subsequently Laura Pignataro and Maurits              judgment on 30 September 1998, in which it:
Lugard) Ð application for annulment of Commission
Decision SG(97) D/1862 of 7 March 1997 refusing to
grant the applicants, in respect of three vessels which they
planned to build, the exemption applied for under                  1. Annuls the decisions of the Court of Auditors of
Article 8(3)(c) of Council Regulation (EEC) No 1101/89                 16 September 1996 addressed to Silvio Busacca, Carlo
of 27 April 1989 on structural improvements in inland                  Degli Abbati, Pamela Rattigan, Gisela Tremont and
waterway transport (OJ L 116, 28.4.1989, p. 25) Ð the                  CeÂcile Vandam, rejecting their requests that their
Court of Justice (Fourth Chamber), composed of: P.                     names be entered on the list of persons having
Lindh, President, K. Lenaerts and J. D. Cooke, Judges; A.              manifested their interest in being the subject of a
Mair, Administrator, for the Registrar, gave a judgment on             decision terminating their service, as provided for by
1 October 1998, the operative part of which reads as                   Council Regulation (EC, Euratom, ECSC) No 2688/
follows:                                                               95 of 17 November 1995 introducing special measures
                                                                       to terminate the service of officials of the European
                                                                       Communities as a result of the accession of Austria,
                                                                       Finland and Sweden;
1. The application is dismissed.
                                                                   2. Orders the Court of Auditors to bear its own costs
2. The applicants are ordered to pay the costs.                        and to pay the costs of the applicants.
(1) OJ C 212, 12.7.1997.                                           (1) OJ C 212, 12.7.1997.