CELEX: C1999/048/53
Language: en
Date: 1999-02-20 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 25 November 1998 in Case T-255/97: Georges Keiser v. Commission of the European Communities (Officials - Time-limits for bringing proceedings - Manifest inadmissibility)

C 48/24              EN                 Official Journal of the European Communities                                 20.2.1999
2. Declares that that sum will bear interest at an annual               ORDER OF THE COURT OF FIRST INSTANCE
    rate of 8 % with effect from the date of this judgment                              of 30 November 1998
    and until due payment.
                                                                   in Case T-97/94: N v. Commission of the European
                                                                                           Communities (1)
3. Orders the Parliament to pay its own costs and the              (Former officials Ð Staff report Ð Legal interest in
    costs of the applicant.                                                   bringing proceedings Ð Inadmissibility)
                                                                                            (1999/C 48/52)
(1) OJ C 54, 22.2.1997.
                                                                                  (Language of the case: French)
                                                                   In Case T-97/94: N, a former official of the Commission
                                                                   of the European Communities, residing in Brussels,
                                                                   represented by Georges A. Sakellaropoulos, of the Athens
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          Bar, with an address for service in Luxembourg at the
                                                                   Chambers of Aloyse May, 31 Grand-Rue, v. Commission
                    of 15 December 1998                            of the European Communities (Agent: Lucio Gussetti) Ð
in Case T-233/97: Folmer Bang-Hansen v. Commission of              application, first, for annulment of the applicant's staff
                the European Communities (1)                       report, prepared by the Commission, for the period from
                                                                   1 July 1989 to 30 June 1991 and, second, for
(Officials Ð Transfer of pension rights Ð Article 11(2) of         compensation for the material and non-material damage
            Annex VIII to the Staff Regulations)                   allegedly suffered as a result of that report Ð the Court of
                                                                   First Instance (Fifth Chamber), composed of: J. D. Cooke,
                        (1999/C 48/51)                             President, R. García-Valdecasas and P. Lindh, Judges; H.
                                                                   Jung, Registrar, made an order on 30 November 1998, the
                                                                   operative part of which is as follows:
               (Language of the case: French)
                                                                   1. The application is dismissed as inadmissible.
In Case T-233/97: Folmer Bang-Hansen, an official of the
Commission of the European Communities, represented                2. The parties are to bear their own costs.
by Eric Boigelot, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of Louis Schiltz, 2          (1) OJ C 120, 30.4.1994.
Rue du Fort Rheinsheim, v. Commission of the European
Communities (Agents: Gianluigi Valsesia and Florence
Duvieusart-Clotuche) Ð application for annulment of the
Commission's decision of 16 October 1996 providing that
the time-limit for transferring pension rights is to be
calculated separately for each transfer and refusing the
applicant's request for aggregation of transfers from the               ORDER OF THE COURT OF FIRST INSTANCE
Andels-Pensionsforening       and   the    Juristernes    og                            of 25 November 1998
ékonomernes Pensionskasse Ð the Court of First Instance
(First Chamber), composed of: B. Vesterdorf, President,            in Case T-255/97: Georges Keiser v. Commission of the
R. M. Moura Ramos and P. Mengozzi, Judges; H. Jung,                                  European Communities (1)
Registrar, has given a judgment on 15 December 1998, in
                                                                   (Officials Ð Time-limits for bringing proceedings Ð
which it:
                                                                                      Manifest inadmissibility)
                                                                                            (1999/C 48/53)
1. Annuls the Commission's decision of 16 October 1996
    providing that the time-limit for transferring pension                        (Language of the case: French)
    rights is to be calculated separately for each transfer
    and refusing the applicant's request for aggregation of
    transfers from the Andels-Pensionsforening and the             In Case T-255/97: Georges Keiser, an official of the
    Juristernes og ékonomernes Pensionskasse.                      Commission of the European Communities, residing at
                                                                   Asselscheuer (Grand Duchy of Luxembourg), represented
                                                                   by Lucas Vogel, of the Brussels Bar, with an address for
3. Orders the Commission to pay the costs.                         service in Luxembourg at 44 Rue du Grunewald,
                                                                   Asselscheuer,     v.    Commission      of   the   European
                                                                   Communities (Agent: Christine Berardis-Kayser) Ð
(1) OJ C 318, 18.10.1997.                                          application for annulment of the refusal of the applicant's
                                                                   request to be re-assigned to the post held by him prior to
                                                                   the initiation of the disciplinary proceedings brought
                                                                   against him Ð the Court of First Instance (First
 ---pagebreak--- 20.2.1999            EN                  Official Journal of the European Communities                                 C 48/25
Chamber), composed of: B. Vesterdorf, President, and J.                  ORDER OF THE COURT OF FIRST INSTANCE
Pirrung and M. Vilaras, Judges; H. Jung, Registrar, made
                                                                                        of 15 December 1998
an order on 25 November 1998, the operative part of
which is as follows:                                                in   Case   T-25/98:     Henri de Compte      v. European
                                                                                             Parliament (1)
1. The application is dismissed as inadmissible.                    (Officials Ð Action for annulment and compensation Ð
                                                                    Decision of the Parliament giving discharge in respect of
                                                                    the implementation of the budget for the financial year
2. The parties are to bear their own costs.                         1995 Ð Prior administrative procedure Ð Decision
                                                                    rejecting a complaint Ð Identification of the
(1) OJ C 357, 22.11.1997.                                           subject-matter and legal basis Ð Partial inadmissibility Ð
                                                                    Res judicata Ð Action manifestly and wholly unfounded
                                                                                                in law)
                                                                                            (1999/C 48/55)
     ORDER OF THE COURT OF FIRST INSTANCE                                          (Language of the case: French)
                    of 11 December 1998
in Case T-22/98: Scottish Soft Fruit Growers Ltd v.                 In Case T-25/98: Henri de Compte, a former official of
       Commission of the European Communities (1)                   the European Parliament, residing at Longeville-leÁs-Metz,
(Common agricultural policy Ð Raspberries intended for              represented by Henri Ferretti, of the Thionville Bar, with
processing Ð Flat-rate grant to producers' organisations            an address for service in Luxembourg at the Chambers of
Ð Recovery of sums paid Ð Act against which no action               Guy Harles, 8-10 Rue Mathias Hardt, v. European
lies Ð Legal effects Ð Application for annulment Ð                  Parliament (Agents: Evelyn Waldherr and Anders
                        Inadmissibility)                            Neergaard) Ð application, first, for annulment of
                                                                    Decision No A4-0125/97 of the European Parliament of
                        (1999/C 48/54)                              10 April 1997 giving discharge in respect of the
                                                                    implementation of the budget for the financial year 1995
                                                                    Ð Section I Ð European Parliament/Ombudsman annex
               (Language of the case: English)
                                                                    (OJ C 132, 28.4.1997, p. 148) and of the Parliament's
                                                                    decision, notified on 19 November 1997, rejecting a
In Case T-22/98: Scottish Soft Fruit Growers Ltd,                   complaint lodged by the applicant and, second, for
established at Blairgowrie, Scotland (Great Britain),               compensation for the damage suffered by the applicant by
represented by Fergus Randolph, Barrister, of the Bar of            reason of the publication of the said discharge decision
England and Wales, with an address for service in                   and as a result of a wrongful accusation concerning a loss
Luxembourg at the Chambers of Arendt and Medernach,                 of cash Ð the Court of First Instance (Fourth Chamber),
8-10 Rue Mathias Hardt v. Commission of the European                composed of: R. M. Moura Ramos, President, and V. Tiili
Communities (Agent: Xavier Lewis) Ð application for                 and P. Mengozzi, Judges; H. Jung, Registrar, made an
annulment of the decision of the Commission, expressed              order on 15 December 1998, the operative part of which
in its letter of 16 October 1997 to the Scottish Office,            is as follows:
refusing to accede to a request concerning the
interpretation and application of Council Regulation
(EEC) No 1991/92 of 13 July 1992 establishing a special             1. The application is dismissed as inadmissible, save as
scheme for raspberries intended for processing (OJ L 199,               regards the claims concerning annulment of the
18.7.1992, p. 1), and of Commission Regulation (EEC)                    accounting documents relating to the sum of BEF
No 2252/92 of 30 July 1992 laying down detailed rules                   4 136 125 and the Parliament's refusal to make
for applying that scheme (OJ L 219, 4.8.1992, p. 19) Ð                  available to the applicant all the accounting
the Court (Fifth Chamber), composed of: J. D. Cooke,                    documents explaining the reasons for which he was
President, M. R. García-Valdecasas and P. Lindh, Judges;                not issued with a final discharge.
H. Jung, Advocate-General, has given a judgment on
11 December 1998, in which it:
                                                                    2. The remainder of the application is dismissed as
1. The application is dismissed as inadmissible.                        manifestly and wholly unfounded in law.
2. The applicant shall pay its own costs and those                  3. The parties are to bear their own costs.
    incurred by the Commission.
                                                                    (1) OJ C 94, 28.3.1998.
(1) OJ C 94, 28.3.1998.