CELEX: C1998/299/54
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Third Chamber) of 16 July 1998 in Case T-199/96: Laboratoires Pharmaceutiques Bergaderm SA and Jean-Jacques Goupil v. Commission of the European Communities (Cosmetic products - Directive 76/768/EEC - Directive 95/34/EC - Sun-creams and bronzing-products - Public health - Non-contractual liability of the Community)

C 299/32              EN                Official Journal of the European Communities                                 26.9.98
judgment on 16 July 1998, the operative part of which is           3. the remainder of the action is dismissed;
as follows:
                                                                   4. the Commission is ordered to pay the costs.
1. the action is dismissed;
                                                                   (1) OJ C 370, 7.12.1996.
2. each party shall bear its own costs.
(1) OJ C 354, 23.11.1996.
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           (First Chamber)
                                                                                           of 14 July 1998
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          in Case T-192/96: Giorgio Lebedef v. Commission of the
                      (Second Chamber)                                               European Communities (1)
                       of 16 July 1998                             (Staff committee Ð Procedures Ð Amendment of the staff
in Case T-162/96: Sandro Forcheri v. Commission of the             committee rules Ð General assembly Ð Electoral system
                  European Communities (1)                                                Ð Admissibility)
(Officials Ð Secondment in the interest of the service Ð                                    (98/C 299/53)
Temporary posting Ð Entitlement to secondment                                     (Language of the case: French)
 differential allowance Ð Discretion of the administration)
                        (98/C 299/52)                              In Case T-192/96: Giorgio Lebedef, an official at the
                                                                   Commission of the European Communities, residing in
                (Language of the case: French)                     Senningerberg (Luxembourg), represented by Gilles
                                                                   BouneÂou, of the Luxembourg Bar, with an address for
In Case T-162/96: Sandro Forcheri, an official of the              service in Luxembourg at his Chambers at 4, rue de
Commission of the European Communities, residing in                l'Avenir, against the Commission of the European
Brussels, represented by Marc-Albert Lucas, of the LieÁge          Communities (Agents: Gianluigi Valsesia and Julian
Bar, with an address for service in Luxembourg at the              Currall) Ð application for the annulment, in whole or in
Chambers of Evelyne Korn, 21, rue de Nassau, against the           part, of the genral assembly of the staff of the
Commission of the European Communities (Agents: Julian             Commission assigned to Luxembourg of 5 December 1995
Currall and Denis Waelbroeck) Ð application for                    and of the decision to amend the staff committee rules
annulment, first, of the decision of the Commission of             adopted by that assembly as well as all other subsequent
12 December 1995 rejecting the applicant's request to              acts adopted pursuant to that decision Ð the Court of
have the temporary duties taken on by him recognised and           First Instance (First Chamber), composed of B. Vesterdorf,
for payment of the differential allowance and, second, of          President, R. M. Moura Ramos and P. Mengozzi, Judges;
the decision of the Commission of 24 July 1996 declaring           Blanca Pastor, Principal Administrator, for the Registrar,
that the applicant is acting as head of division of Unit 4         gave a judgment on 14 July 1998, in which it:
(Common Customs Tariff), Directorate B (Customs),
                                                                   1. dismisses the action;
Directorate General XXI (Customs and Direct Taxation)
and recognising the temporary nature of the posting in so          2. the parties shall bear their own costs.
far as the date on which that decision is to take effect is
set at 1 August 1996 for a fixed term of one year and not          (1) OJ C 54, 22.2.1997.
for an indefinite period as from 29 October 1992 Ð the
Court of First Instance (Second Chamber), composed of A.
Kalogeropoulos, President, C. W. Bellamy and J. Pirrung,
Judges; A. Mair, Administrator, for the Registrar, gave a
judgment on 16 July 1998, the operative part of which is
as follows:                                                          JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                         (Third Chamber)
1. the decisions of the Commission of 12 December 1995
                                                                                           of 16 July 1998
     and 24 July 1996 are annulled except in so far as the
     second decision recognises the temporary nature of the        in Case T-199/96: Laboratoires Pharmaceutiques Berga-
     applicant's posting;                                          derm SA and Jean-Jacques Goupil v. Commission of the
                                                                                     European Communities (1)
2. the Commission is ordered to pay to the applicant the           (Cosmetic products Ð Directive 76/768/EEC Ð Directive
     monthly differential allowance referred to in                 95/34/EC Ð Sun-creams and bronzing-products Ð Public
     Article 7(2) of the Staff Regulations to which he                health Ð Non-contractual liability of the Community)
     would have been entitled if he had been called on to
     occupy, temporarily, the post of Head of Unit XXI.B.4                                  (98/C 299/54)
     on 24 March 1993, together with default interest at                          (Language of the case: French)
     the rate of 8 % per annum with effect from the dates
     on which those payments should have been made and             In Case T-199/96: Laboratoires Pharmaceutiques Berga-
     until complete payment is made;                               derm SA, established at Rungis (France), and Jean-Jacques
 ---pagebreak--- 26.9.98               EN                Official Journal of the European Communities                                  C 299/33
Goupil, residing at Chevreuse (France), represented by                 1 January 1989, together with interest at the statutory
Jean-Pierre Spitzer, of the Paris Bar, with an address for             rate applicable in Belgium, to run from the date of the
service in Luxembourg at the Chambers of Aloyse May,                   first application for payment submitted by each of the
31 Grand-Rue v. the Commission of the European                         applicants respectively until payment is actually made;
Communities (Agents: Pieter Van Nuffel and Ami Barav)
Ð application pursuant to Articles 178 and 215, second             2. dismisses the remainder of the applicants' claims;
paragraph, of the EC Treaty, for compensation for damage
which the applicants purportedly suffered as a result of an        3. orders the Commission to pay the costs;
investigation conducted by the Commission, pursuant to
the 18th Commission Directive 95/34/EC of 10 July 1995             4. orders the Federal Republic of Germany to pay its
adapting to technical progress Annexes II, III, VI and VII             own costs.
to Council Directive 76/768/EEC on the approximation of
the laws of the Member States relating to cosmetic pro-            (1) OJ C 74, 8.3.1997 and OJ C 54, 22.2.1997.
ducts (2), into the use of psoralens in sun Ð creams and
bronzing Ð products Ð the Court of First Instance (Third
Chamber), composed of: V. Tiili, President, C. P. BrieÈt and
A. Potocki, Judges; B. Pastor, Principal Administrator, for
the Registrar, gave a judgment on 16 July 1998, in which
it:
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           (Fifth Chamber)
1. dismisses the application;
                                                                                           of 16 July 1998
2. orders the applicants to pay the costs.                               in Case T-219/96: Y. v. European Parliament (1)
                                                                   (Officials Ð Article 88 of the Staff Regulations Ð
(1) OJ C 54, 22.2.1997.
(2) OJ L 167, 18.7.1995, p. 19.                                    Suspension Ð Deductions from remuneration Ð Pensions
                                                                                        rights Ð Damages)
                                                                                            (98/C 299/56)
                                                                                   (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          In Case T-219/96: Y., a former official of the European
                        of 16 July 1998                            Parliament, residing in Brussels, represented during the
                                                                   written procedure by GeÂrard Collin and, at the hearing,
in Joined Cases T-202/96 and T-204/96: Andrea von                  by Claude Andries and Jacques Lombart, all of the
Löwis and Marta Alvarez-Cotera v. Commission of the                Brussels Bar, with an address for service in Luxembourg at
                  European Communities (1)                         Fiduciaire Myson SAÁRL, 30 rue de Cessange, against the
(Freelance conference interpreters Ð Lawfulness of levying         European Parliament (Agents: Hans Krück and Hugo
           Community tax on their remuneration)                    Vandenberghe) Ð application for, first, repayment of
                                                                   deductions from the salary of the applicant made between
                         (98/C 299/55)                             1 November 1993 and 19 January 1996 and, second, an
                                                                   order requiring the European Parliament to pay damages
               (Language of the case: English)                     amounting to BEF 3 million by way of provisional
                                                                   compensation for the harm arising from the infringement
In Joined Cases T-202/96 and T-204/96: Andrea von                  of the official's pension rights Ð the Court of First
Löwis and Marta Alvarez-Cotero, conference interpreters,           Instance (Fifth Chamber), composed of: J. Azizi, President,
of Geneva (Switzerland), represented by Gerard van der             R. García-Valdecasas and M. Jaeger, Judges; H. Jung,
Wal, advocate with the right of audience before the Hoge           Registrar, gave a judgment on 16 July 1998, the operative
Raad der Nederlanden and member of the Brussels Bar,               part of which is as follows:
having an address for service in Luxembourg at the
Chambers of Aloyse May, 31, Grand-Rue; the second                  1. Parliament shall repay to the applicant the deductions
applicant being supported by the Federal Republic of                   made from his remuneration between 1 November
Germany (Agent: Ernst Röder) v. the Commission of the                  1993 and 19 January 1996. That amount shall be paid
European Communities (Agent: Peter Oliver) Ð                           in addition to default interest at 8 % with effect from
application for the repayment of the Community tax                     5 March 1996;
deducted from the applicants' remuneration since
1 January 1989 Ð the Court (Third Chamber, extended                2. the remainder of the application is dismissed;
composition), composed of: V. Tiili, President, C. P. BrieÈt,
K. Lenaerts, A. Potocki and J. D. Cooke, Judges; A. Mair,          3. Parliament shall bear its own costs and one half of
Administrator, for the Registrar, has given a judgment on              those of the applicant. The applicant shall bear one
16 July 1998 in which it:                                              half of his own costs.
1. orders the Commission to repay to the applicants the            (1) OJ C 54, 22.2.1997.
    sums referred to as Community tax which it has
    unlawfully levied on their remuneration paid since