CELEX: C1998/327/36
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 September 1998 in Case T-23/96 Elsa De Persio v Commission (Official - Reassignment - Request for transfer from the Language Service to Category A - Removal of barriers to such transfers)

24.10.98              EN                 Official Journal of the European Communities                                C 327/21
Gianluigi Valsesia), supported by the Council of the                A. Kalogeropoulos, President of the Chamber, and C. W.
European Union (Agents: initially Yves Cretien, Antonio             Bellamy and J. Pirrung, Judges; H. Jung, Registrar, has
Lucidi and Diego Canga Fano, then only Antonio Lucidi               given a judgment on 15 September 1998 a judgment in
and Diego Canga Fano) Ð application, first, for a                   which it:
declaration ordering the Commission to pay the additional
remuneration resulting from the application of the
weighting for Germany calculated on the basis of the cost           1. Dismisses the application;
of living in Berlin for the period from 1 October 1990 to
31 December 1994, as regards the proportion transferred
in German marks, with interest at the rate of 10 % per
                                                                    2. Orders the parties, and the Council, to bear their own
annum and, second, in so far as is necessary, the
                                                                        costs.
annulment of the Commission's decision of 9 March 1995
rejecting the applicants' requests for the payment of that
additional remuneration Ð the Court of First Instance               (1) OJ C 133, 4.5.1996.
(Third Chamber), composed of B. Vesterdorf, President,
and C. P. BrieÈt and A. Potocki, Judges; H. Jung, Registrar,
has given a judgment on 15 September 1998 in which it:
1. Dismisses the application;
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 17 September 1998
2. Orders each party to bear its own costs.
                                                                    in Case T-50/96: Primex Produkte Import-Export GmbH
                                                                    & Co. KG and Others v Commission of the European
(1) OJ C 64, 2.3.1996.                                                                      Communities (1)
                                                                    (Action for annulment Ð Importation of high-quality beef
                                                                    (Hilton beef') Ð Regulation (EEC) No 1430/79 Ð
                                                                    Article 13 Ð Commission decision refusing remission of
                                                                    import duties Ð Rights of the defence Ð Manifest error
                                                                                             of assessment)
                                                                                             (98/C 327/37)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 15 September 1998
                                                                                   (Language of the case: German)
      in Case T-23/96 Elsa De Persio v Commission (1)
(Official Ð Reassignment Ð Request for transfer from the
Language Service to Category A Ð Removal of barriers to             In Case T-50/96: Primex Produkte Import-Export GmbH
                        such transfers)                             & Co. KG, established in Bad Homburg (Germany), Gebr.
                                                                    Kruse GmbH, established in Hamburg (Germany),
                        (98/C 327/36)                               Interporc Im- und Export GmbH, established in Hamburg,
                                                                    represented by Georg M. Berrisch, Rechtsanwalt,
                                                                    Hamburg and Brussels, with an address for service in
                                                                    Luxembourg at the Chambers of Guy Harles, 8Ð10 Rue
                (Language of the case: Italian)                     Mathias Hardt, supported by United Kingdom of Great
                                                                    Britain and Northern Ireland (Agents: initially Stephanie
                                                                    Ridley and subsequently John E. Collins and David
In Case T-23/96 Elsa de Persio, an official of the                  Anderson), against Commission of the European
Commission of the European Communities, residing in                 Communities (Agent: Götz zur Hausen) Ð application for
Brussels, represented by Giovanni Petroni and Franco                annulment of the Commission decision of 26 January
Giampietro, of the Rome Bar, and VeÂronique Laurent, of             1996 (Document K(96) 180 final) addressed to the Federal
the Brussels Bar, with an address for service in                    Republic of Germany and concerning the remission of
Luxembourg at the Chambers of Gilles Bouneau, 15                    import duties Ð the Court of First Instance (First
Avenue du Bois, against Commission of the European                  Chamber), composed of: B. Vesterdorf, President, R. M.
Communities (Agent: Gianluigi Valsesia), supported by               Moura Ramos and P. Mengozzi, Judges; A. Mair,
Council of the European Union (Agents: Diego Canga                  Administrator, for the Registrar, has given a judgment on
Fano and Paolo Cossu) Ð application for annulment of                17 September 1998, in which it:
the Commission's decision refusing to grant her request to
be placed in Category A, annulment of the Commission's
decision of 22 December 1995 reassigning the applicant to           1. Annuls the Commission's decision of 26 January 1996
that institution's Translation Service and, last, an order              addressed to the Federal Republic of Germany and
that the Commission should pay her damages Ð the                        concerning an application for remission of import
Court of First Instance (Second Chamber), composed of                   duties;