CELEX: C1995/054/27
Language: en
Date: 1995-03-04 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber) of 12 January 1995 in Case T-85/94: Eugénio Branco Ldª v. Commission of the European Communities (European Social Fund - Application for annulment of a decision reducing financial assistance initially granted - Statement of reasons - Default proceedings)

4 . 3 . 95             EN                   Official Journal of the European Communities                               No C 54/15
                                                      COURT OF FIRST INSTANCE
                                           ASSIGNMENT OF JUDGES TO CHAMBERS
                                                              ( 95/C 54/25 )
               Following the taking up by Ms Tiili, Ms Lindh and Mr Azizi of their duties as Judges, the Court of
               First Instance decides, in accordance with Article 10 ( 1 ) of the Rules of Procedure, to supplement as
               follows the Decision of 2 June 1994 i 1 ) on the composition of the Chambers for the 1994/1995
               judicial year:
               — Judge Tiili is assigned to the First Chamber, to the First Chamber in its extended composition and
                   to the Second Chamber in its extended composition,
               — Judge Lindh is assigned to the Fourth Chamber, to the Third Chamber in its extended
                   composition and to the Fourth Chamber in its extended composition,
               — Judge Azizi is assigned to the Third Chamber, to the Third Chamber in its extended composition
                   and to the Fourth Chamber in its extended composition.
               (!) OJ No C 233 , 20 . 8 . 1994 .
JUDGMENT OF THE COURT OF FIRST INSTANCE                                 2. orders the applicant to pay the whole of the costs,
                      of 12 January 1995                                     including those incurred by the intervener, Parker Pen
                                                                             Ltd.
in Case T-l 02/92: Viho Europe BV v. Commission of the
                   European Communities (*)                             (!) OJ No C 1 , 5 . 1 . 1993 .
(Competition — Complaints — Rejection — Agreements,
decisions and concerted practices — Groups of companies
                — Article 85 (1) of the Treaty)
                          ( 95/C 54/26 )
                                                                         JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 (Third Chamber)
               (Language of the case: German)
                                                                                                of 12 January 1995
                                                                        in Case T-85/94: Eugenio Branco La*. v. Commission of the
In Case T-l 02/92: Viho Europe BV, established in                                         European Communities C )
Maastricht (Netherlands ), represented by Werner
Kleinmann, Rechtsanwalt, Stuttgart, with an address for                 (European Social Fund — Application for annulment of a
service in Luxembourg at the Chambers of Dupong et                      decision reducing financial assistance initially granted —
Associés, 14A Rue des Bains, v. Commission of the                               Statement of reasons — Default proceedings)
European Communities (Agents: B. Langeheine and B.J.                                                95/C 54/27)
Drijber ), supported by Parker Pen Ltd, whose registered
office is in Newhaven (United Kingdom), represented by                               (Language of the case: Portuguese)
Carla Hamburger, of the Amsterdam Bar, with an address
for service in Luxembourg at the Chambers of Marc Loesch,               In Case T-85/94: Eugenio Branco Lda, having its registered
11 Rue Goethe — application for the annulment of the                    office in Lisbon, represented by Bolota Belchior, of the Bar
Commission Decision of 30 September 1992 rejecting the                  of Vila Nova de Gaia, with an address for service in
complaint of Viho Europe BV that Parker Pen Ltd and its                 Luxembourg at the Chambers of Jacques Schroeder, 6 Rue
subsidiaries infringed Article 85 ( 1 ) of the EEC Treaty               Heine, against Commission of the European Communities
(IV/32.725 — Viho/Parker Pen II) — the Court of First                   (Agents: F. de Sousa Fialho and H. Kreppel) — application
Instance (First Chamber ), composed of: R. Schintgen,                   for the annulment of the Commission decision of 29 March
President, and R. García-Valdecasas, H. Kirschner, B.                   1993 reducing the assistance initially granted to the
Vesterdorf and C.W. Bellamy, Judges, H. Jung, Registrar,                applicant by the European Social Fund — the Court of First
has given a judgment on 12 January 1995, in which it:                   Instance (Third Chamber), composed of: J. Biancarelli,
                                                                        President, C.P. Briët and C.W. Bellamy, Judges, H. Jung,
                                                                        Registrar, has given a judgment on 12 January 1995, in
 1 . dismisses the application;                                         which it:
 ---pagebreak--- No C 54/16          | EN |                Official Journal of the European Communities                                         4 . 3 . 95
 1 . annuls the Commission decision of 29 March 1993                 4. orders the parties in Case T-62/92 to bear their own
     reducing the assistance initially granted to the applicant            costs.
     by the ESF;
                                                                     í 1 ) OJ No C 28 , 5 . 2 . 1992 and OJ No C 258 , 7. 10 . 1992 .
2. orders the Commission to pay the costs.
(!) OJ No C 120, 30 . 4 . 1994 .
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             of 26 January 1995
                                                                     on Case T-527/93 : O v. Commission of the European
                                                                                                Communities ( a )
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             (Officials   — Action seeking annulment — Decision
                      of 26 January 1995                             suspendingpayment ofremuneration pursuant to Article 60
                                                                                         of the Staff Regulations)
in Joined Cases T-90/91 and T-62/92: Henri de Compte v.
                   European Parliament ( J )                                                      ( 95/C 54/29 )
 (Officials — Revocation of a decision recognizing an
occupational disease — Subsequent adoption of a decision                             (Language of the case: French)
refusing to recognize the occupational disease —
                           Annulment)                                In Case T-527/93 : O, an official of the Commission of the
                                                                     European Communities, represented by Jean-Francois
                          ( 95/C 54/28 )
                                                                     Neven, of the Brussels Bar, with an address for service in
                                                                     Luxembourg at the Chambers of Catherine Dessoy, 31 Rue
                (Language of the case: French)                       d'Eich, against Commission of the European Communities
                                                                     (Agents: Sean van Raepenbusch and Gianluigi Valsesia ) —
                                                                     application for the annulment of the Commission decision
In Joined Cases T-90/91 and T-62/92: Henri de Compte, a              of 23 December 1992 ordering suspension, pursuant to
former official of the European Parliament residing at               Article 60 of the Staff Regulations, of payment of the
Strasbourg (France), represented by Edmond Lebrun and                applicant's remuneration with effect from 1 January 1993
Eric Boigelot, of the Brussels Bar, with an address for service      — the Court of First Instance (First Chamber), composed of:
in Luxembourg at the Chambers of Louis Schiltz, 2 Rue du            J.L. Cruz Vila^a, President, H. Kirschner and A.
Fort Rheinsheim. v. European Parliament (Agent: Frangois             Kalogeropoulos,           Judges;     J.     Palacio    Gonzalez,
Vainker) — application, first, for the annulment of the              Administrator, for the Registrar, has given a judgment on
decision of the European Parliament of 18 April 1991 by              26 January 1995 , in which it:
which it retroactively revoked its decision of 24 January
1991 recognizing that the applicant was suffering from an
                                                                     1 . annuls the Commission decision of 23 December 1992
occupational disease within the meaning of Article 73 of the
                                                                           ordering payment of the applicant's remuneration to be
Staff Regulations of officials of the European Communities
and for an order requiring the defendant institution to pay
                                                                           suspended with effect from 1 January 1993;
to him the compensation awarded thereby (Case T-90/91 )              2. orders the Commission to pay all the costs.
and, second, the annulment of the decision of the European
Parliament of 20 January 1992 by which it refused to
                                                                     (!) OJ No C 299, 5 . 11 . 1993 .
recognize that the applicant was suffering from an
occupational disease and for an order requiring the
defendant institution to pay to him the compensation
provided for in that regard ( Case T-62/92 ) — the Court of
First Instance (First Chamber), composed of J.L. Cruz
Vilaga, President, and H. Kirschner and A. Kalogeropoulos,           JUDGMENT OF THE COURT OF FIRST INSTANCE
Judges; H. Jung, Registrar, has given a judgment on
26 January 1995 , in which it:                                                               of 26 January 1995
                                                                     in Case T-549/93 : D v. Commission of the European
                                                                                                Communities (*)
1 . dismisses the claims for relief made in the application in
     Case T-90/91 . The European Parliament is ordered to            (Officials — Disciplinaryproceedings — DisciplinaryBoard
     pay to the applicant compensation for non-material                            — Inquiry — Sexual harassment)
     damage in the sum of Bfrs 200 000;                                                             95/C 54/30)
2. dismisses the application in Case T-62/92;                                        (Language of the case: French)
3 . orders the European Parliament in Case T-90/91 to bear          In Case T-549/93 : D, a former official of the Commission of
     its own costs and to pay one quarter of the costs of the       the European Communities, represented by Eric Boigelot, of
     applicant, who is consequently to bear three quarters of       the Brussels Bar, with an address for service in Luxembourg
     his own costs;                                                 at the Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim,