CELEX: C1996/031/40
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber) of 13 December 1995 in Joined Cases T-481/93 and T-484/93 Vereniging van Exporteurs in Levende Varkens and Nederlandse Bond van Waaghouders van Levend Vee v. Commission of the European Communities (Live pigs - Commission Decisions 93/128/EEC and 93/177/EEC concerning certain protection measures, with regard to swine vesicular disease, in the Netherlands and Italy - Actions for annulment - Actions for compensation)

3 . 2 . 96            EN 1                 Official Journal of the European Communities                                No C 31 / 17
        Removal from the register of Case C-82/94 ( )                 from the register of Case C-56/95 : Briihler Kreditbank eG v.
                                                                      Finanzamt Briihl .
                           ( 96/C 31 /35 )
By order of 24 October 1995 the President of the Court of             (') OJ No C 119 , 13 . 5 . 1995 .
Justice of the European Communities ordered the removal
from the register of Case C-82/94 : Andreas Mohringer v.
Zentrale zur Bekampfung unlauteren Wettbewerbs eV
( ) OJ No C 120 , 30. 4 . 1994 .                                             Removal from the register of Case C-86/95 (')
                                                                                                 ( 96/C 31 /38 )
                                                                      By order of 15 November 1995 the President of the Court of
       Removal from the register of Case C-108/94 ( )                 Justice of the European Communities ordered the removal
                                                                      from the register of Case C-86/95 : Commission of the
                           ( 96/C 31 /36 )                            European Communities v. Federal Republic of Germany .
By order of 27 October 1995 the President of the Court of             (') OJ No C 159 , 24 . 6 . 1995 .
Justice of the European Communities ordered the removal
from the register of Case C-108/94 : Commission of the
European Communities v. Federal Republic of Germany .
(') OJ No C 161 , 11 . 6 . 1994 .
                                                                            Removal from the register of Case C-101/95 ( )
                                                                                                   96 /C 3 1 /3 9
                                                                      By order of 18 October 1995 the President of the Court of
        Removal from the register of Case C-56/95 ( )                Justice of the European Communities ordered the removal
                           ( 96/C 31 /37 )                            from the register of Case C-101 /95 : Commission of the
                                                                      European Communities v. Federal Republic of Germany .
By order of 18 October 1995 the President of the Court of
Justice of the European Communities ordered the removal               (•) OJ No C 159 , 24 . 6 . 1995 .
                                                     COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                               legal persons who are members of that association and
                                                                      whose names are included on the list annexed to the
                       ( Third Chamber)
                                                                      judgment, and Nederlandse Bond van Waaghouders van
                   of 13 December 1995                                Levend Vee, along with the natural and legal persons who
in Joined Cases T-481 /93 and T-484/93 Vereniging van                 are members of that association and whose names are
Exporteurs in Levende Varkens and Nederlandse Bond van                included on the list annexed to the judgment, having their
Waaghouders van Levend Vee v. Commission of the                       registered offices in Roosendaal (Netherlands ), represented
                 European Communities ( ] )                           by Inne Cath, of the Hague Bar, with an address for service
(Live pigs — Commission Decisions 93/128/EEC and                      in Luxembourg at the Chambers of Lambert Dupong,
93/1 77/EEC concerning certain protection measures, with              14 Rue des Bains, against Commission of the European
regard to swine vesicular disease, in the Netherlands and             Communities ( Agents : Thomas van Rijn, Tom Ottervanger
Italy — Actions for annulment — Actions for                           and Harold Nyssens ) — application for the annulment of
                                                                      Commission Decisions 93/128/EEC and 93/1 77/EEC, of
                          compensation)
                                                                      26 February 1993 and 26 March 1993 respectively,
                           ( 96/C 31 /40 )                            concerning certain protection measures with regard to
                                                                      swine vesicular disease in the Netherlands and Italy ( OJ
                                                                      1993 No L 50 , p. 29 , and OJ 1993 No L 74, p. 88 ), and for
                                                                      the award of damages — the Court of First Instance ( Third
               (Language of the cases: Dutch)                         Chamber ), composed of C. P. Briet, acting as President,
                                                                      C. W. Bellamy and J. Azizi, Judges; B. Pastor,
                                                                      Administrator, for the Registrar, has given a judgment on
                                                                       13 December 1995 , in which it :
In Joined Cases T-481 /93 and T-484/93 : Vereniging van
Exporteurs in Levende Varkens, along with the natural and              1 . dismisses the applications;
 ---pagebreak--- No C 31 / 18            EN                    Official Journal of the European Communities                                       3 . 2 . 96
2 . orders the applicants to pay the costs.                              Commission's decision of 13 January 1994 refusing the
                                                                         applicant financial support under the 1993 Thermie
t 1 ) OJ No C 172 , 23 . 6 . 1993 and OJ No C 209 , 3 . 8 . 1993 .       programme and for a direction to the Council to take a new
                                                                         decision — the Court of First Instance ( First Chamber),
                                                                         composed of H. Kirschner, acting as President,
                                                                         A. Kalogeropoulos and V. Tiili, Judges; J. Palacio Gonzalez,
                                                                         Administrator, for the Registrar, has given a judgment on
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 13 December 1995 , in which it :
                         ( Third Chamber)                                1 . dismisses the action ;
                     of 13 December 1995
                                                                         2 . orders the applicant to pay the costs.
in Case T-85/94 ( 122 ): Commission of the European
           Communities v. Eugénio Branco Lda ( 1 )                       (') OJ No C 146 , 28 . 5 . 1994 .
(European Social Fund — Reduction in financial assistance
initially granted — Statement of reasons — Proceedings
         seeking to have a default judgment set aside)
                             ( 96/C 31 /41
                                                                          JUDGMENT OF THE COURT OF FIRST INSTANCE
              (Language of the case: Portuguese)                                                 of 14 December 1995
                                                                         in Case T-72/94 : Komninos Diamantaras v. Commission of
In Case T-85/94 ( 122 ): Commission of the European                                         the European Communities ( 1 )
Communities ( Agents : Francisco de Sousa Fialho and
Horstpeter Kreppel ) v. Eugenio Branco Lda , having its                  (Officials — Expatriation allowance — No habitual
registered office in Lisbon, represented by Bolota Belchior,             residence in the State in which the official is employed —
of the Bar of Vila Nova de Gaia , with an address for service            Article 4 (1) of Annex VII to the Staff Regulations of
in Luxembourg at the Chambers of Jacques Schroeder,                                                      officials)
6 Rue Heine — application for the setting aside of the                                                ( 96/C 31 /43 )
judgment given by default by the Court of First Instance on
12 January 1995 in Case T-85/94 Branco v. Commission                                         (Language of the case: Greek)
[ 1995 ] ECR 11-45 — the Court of First Instance (Third
Chamber ), composed of C. P. Briët, acting as President,                 In Case T-72/94 : Komninos Diamantaras, an official of the
C. W. Bellamy and J. Azizi, Judges; H. Jung, Registrar, has              Commission of the European Communities, residing in
given a judgment on 13 December 1995 , in which it:                      Brussels, represented by Athanassios D. Damis and Nikos
                                                                         E. Stavropoulos, of the Athens Bar, with an address for
 1 . dismisses the Commission 's application to have the                 service in Luxembourg, care of Emmanuel Kaïlis, 14 Rue
      judgment of 12 January 1995 set aside;                             Julien Vasque, Gasperich, v. Commission of the European
                                                                         Communities ( Agent: Dimitrios Gouloussis ) — application,
2 . orders the Commission to pay the costs.                              first, for the annulment of the decision of the Commission,
                                                                         communicated to the applicant by administrative note dated
f 1 ) OJ No C 120, 30 . 4 . 1994 .                                       22 February 1993 , refusing him the expatriation allowance,
                                                                         and, second, for an order requiring the Commission to pay
                                                                         the said allowance from the date of the applicant's entry into
                                                                         the service of the Commission — the Court of First Instance
                                                                         ( Fourth Chamber ), composed of K. Lenaerts, President, and
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 R. Schintgen and P. Lindh, Judges; J. Palacio Gonzalez,
                     of 13 December 1995                                 Registrar, has given a judgment on 14 December 1995 , in
                                                                         which it :
in Case T-109/94: Windpark Groothusen GmbH & Co.
Betriebs KG v. Commission of the European                                 1 . annuls the decision of the Commission, communicated
                           Communities C )                                      by note of 22 February 1 993 , refusing the applicant the
 (Financial support in the energy sector — Thermie                              expatriation allowance;
programme — Obligation to state reasons — Opinion ofthe
        committee — Right to a hearing — Discretion)                     2 . orders the Commission to pay to the applicant the sums
                                                                                corresponding to that allowance from 1 November
                              { 96/C 31 /42 )
                                                                                1 992 , less the payments already made to him by way of
                                                                                expatriation allowance, together with default interest at
                (Language of the case: German)                                  the annual rate of 8% from the dates when those sums
                                                                                respectively fell due until actual payment thereof;
 In Case T-109/94 : Windpark Groothusen GmbH & Co .
 Betriebs KG, established at Groothusen-Krummhörn                         3 . orders the Commission to pay all of the costs.
 ( Germany ), represented by Professor Detlef Schumacher,
 Bremen, and Benno Grunewald, Rechtsanwalt, Bremen v.                     f 1 ) OJ No C 132 , 14 . 5 . 1994 .
 Commission of the European Communities ( Agent: Jürgen
 Grunwald ) — application for annulment of the