CELEX: C1997/142/36
Language: en
Date: 1997-05-10 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 20 February 1997 in Case T-141/96: Bergpracht Milchwerk GmbH & Co. KG and Others v. Commission of the European Communities (Disclaimer of jurisdiction)

10 . 5 . 97            EN                      Official Journal of the European Communities                             No C 142/ 17
                                                         COURT OF FIRST INSTANCE
     ORDER OF THE COURT OF FIRST INSTANCE                                 European Communities on 13 February 1997 by Juana de
                      of 20 February 1997                                 la Cruz Elena Vela Palacios, residing at Casablanca
                                                                          ( Morocco ), represented by Jaime Creus, of the Barcelona
in Case T-141/96: Bergpracht Milchwerk GmbH & Co.                         Bar, with chambers at 377, Calle Consejo de Ciento,
KG and Others v. Commission of the European                               Barcelona .
                          Communities (')
                  (Disclaimer of jurisdiction)                            The applicant claims that the Court should annul the final
                            ( 97/C 142/36 )                               decision in Disciplinary Proceedings No 3/ 1995
                                                                          concerning the justification for her residential spa
               (Language of the case: German)                             treatment and, in particular, to annul the disciplinary
                                                                          measure of relegation in step, and order the
                                                                          reimbursement of the amount of remuneration withheld .
In Case T-141 /96 : Bergpracht Milchwerk GmbH & Co.
                                                                          Accordingly, the Court should annul all other financial
KG, established at Tettnang ( Germany), Hochland Reich,
                                                                          consequences of that disciplinary measure in respect of the
Summer      &    Co.      KG .,     established  at    Heimenkirch
                                                                          applicant's salary and all the legal consequences which the
( Germany ), Milchwerk Crailsheim eG, established at
                                                                          final decision taken in Disciplinary Proceedings No 3/ 1995
Crailsheim ( Germany ), Milchwerk Geislingen eG,
                                                                          may have produced.
established at Geislingen/Steige ( Germany ), Wendelstein
Käsewerk Molkerei Ziegenhain GmbH & Co . KG,
established at Bad Aibling ( Germany ) and Zentral-Molke­                 Pleas in law and main arguments adduced in support:
rei Aurich GmbH, established at Aurich ( Germany ),
represented by Jürgen Salzwedel and Michael Loschelder,
with an address for service in Luxembourg at the                          The applicant challenges the disciplinary measure of
Chambers of M. Loesch, 11 Rue Goethe, against                             relegation to category C, grade 4, step 2, imposed by way
Commission of the European Communities ( Agents: J. L.                    of final decision in Disciplinary Proceedings No 3/1995
Buhigues and U. Wölker) — application for the annulment                   concerning residential spa treatment in Ischia ( Italy). The
of Commission Regulation ( EC ) No 1107/96 of 12 June                     disciplinary measure was imposed as a result of the failure
1996 on the registration of geographical indications and                  to account for the days spent under the abovementioned
designations of origin under the procedure laid down in                   treatment .
Article 17 of Council Regulation ( EEC ) No 2081/92 ( OJ
No L 148 , 21 . 6 . 1996, p. 1 ) in so far as concerns the
registration of feta as a protected designation of origin —               In this regard, the applicant maintains that the only
the Court of First Instance ( Fifth Chamber), composed of                 supporting documents in her possession, the medical
R. García-Valdecasas, President, J. Azizi and M. Jaeger,                  report from the spa establishment and the invoices for the
Judges; H. Jung, Registrar, made an order on 20 February                  treatment undergone, were sent to the Medical Officer for
                                                                          the Sickness and Accident Insurance Scheme in accordance
1997, the operative part of which is as follows:
                                                                          with the necessary procedure for the reimbursement of
                                                                          expenses incurred.
1 . Jurisdiction is declined in Case T-141 /96 Bergpracht
     Milchwerk     GmbH           &   Co.    KG   and    Others   v.
     Commission of the European Communities in order to                   The applicant further alleges that essential administrative
     enable the Court of Justice to rule on the application               procedural requirements were infringed inasmuch as the
     for annulment.                                                       contested decision was adopted without a hearing having
                                                                          first been held and without an adequate statement of
2.   The costs are reserved.                                              reasons sufficient to justify the appointing authority's
                                                                          departure from the disciplinary measure proposed in the
(') OJ No C 336 , 9 . 11 . 1996 .                                         opinion of the Disciplinary Board. In the alternative, the
                                                                          applicant points out that the expert opinion contains a
                                                                          paragraph which expresses the views of the Chair of the
                                                                          Disciplinary Board, which constitutes an abuse of the
                                                                          powers granted to him .
Action brought on 13 February 1997 by Juana de la
Cruz Elena Vela Palacios against Economic and Social
                                Committee                                 As regards the substance, the applicant claims that there
                                                                          has been an error of assessment of the facts since the
                           ( Case T-30/97 )                               number of days of absence which have not been accounted
                                                                          for is incorrect and that there has been a breach of the
                             ( 97/C 142/37)
                                                                          principle that the disciplinary measure imposed should be
                                                                          proportional to the conduct in respect of which it is
                (Language of the case: Spanish)                           imposed.
An action against the Economic and Social Committee
was brought before the Court of First Instance of the