CELEX: C1997/131/31
Language: en
Date: 1997-04-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 27 February 1997 in Case T-106/95: Fédération Française des Sociétés d'Assurances (FFSA) and Others v. Commission of the European Communities (State aid - Public undertaking - Combined application of Article 92 and Article 90 (2) of the EC Treaty - Additional costs arising from performance of particular tasks assigned to the public undertaking - Competitive activities)

No C 131 / 12          EN                   Official Journal of the European Communities                                  26 . 4 . 97
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              Communities, residing in Brussels, represented by Marc­
                        (Fourth Chamber)                               Albert Lucas, of the Liege Bar, with an address for service
                                                                       in Luxembourg at the Chambers of Evelyne Korn, 21 Rue
                       of 5 February 1997                              de Nassau, against the Commission of the European
in Case T-207/95 : Maria de los Angeles Ibarra Gil v.                  Communities (Agent: Ana Maria Alves Vieira ) —
       Commission of the European Communities (')                      application for, first, the annulment of the decision of the
(Officials — Internal competitions — Notice of vacancy                 selection board for competition COM/T/A/95 of
— Condition of being a temporary member of the                         15 November 1994 refusing to admit the applicant to the
temporary staff on the closing date for applications —                 written tests of the competition and of the decision of the
Principle of protection of legitimate expectations —                   Commission of 27 July 1995 not to allow the applicant to
Principle of equal treatment — Duty to have regard for                 take part in an additional internal competition other than
       the welfare of officials — Action for damages)                  competition COM/T/A/95 and, secondly, damages in
                                                                       compensation for the material and non-material damage
                           ( 97IC 131 /29                              suffered by the applicant — the Court of First Instance
                                                                       ( Fourth Chamber), composed of K. Lenaerts, President, P.
               (Language of the case: French)                          Lindh and J. D. Cooke, Judges; J. Palacio Gonzalez,
                                                                       Administrator, for the Registrar, gave a judgment on
In Case T-207/95 : Maria de los Angeles Ibarra Gil, former             5 February 1997, in which it:
member of the temporary staff of the Commission of the
European Communities, residing in Brussels, represented                1 . dismisses the application as unfounded;
by Marc-Albert Lucas, of the Liege Bar, with an address
for service in Luxembourg at the Chambers of Evelyne                   2 . orders the parties to bear their own costs.
Korn, 21 Rue de Nassau, against the Commission of the
European Communities (Agent: Ana Maria Alves Vieira )                  (') OJ No C 351 , 30 . 12 . 1995 .
— application for, first, the annulment of the decision of
the selection board for competition COM/T/B/95 of
7 November 1994 refusing to admit the applicant to the
written tests of the competition and of the decision of the
Commission of 27 July 1995 not to allow the applicant to
take part in an additional internal competition other than               JUDGMENT OF THE COURT OF FIRST INSTANCE
competition COM/T/B/95 and, secondly, damages in                                             of 27 February 1997
compensation for the material and non-material damage
suffered by the applicant — the Court of First Instance                in Case T-106/95 : Fédération Française des Sociétés
( Fourth Chamber), composed of K. Lenaerts, President, P.              d'Assurances ( FFSA) and Others v. Commission of the
Lindh and J. D. Cooke, Judges; J. Palacio Gonzalez,                                      European Communities ( 1 )
Administrator, for the Registrar, gave a judgment on                   (State aid — Public undertaking — Combined application
5 February 1997, in which it:                                          of Article 92 and Article 90 (2) of the EC Treaty —
                                                                       Additional costs arising from performance of particular
1 . dismisses the application as unfounded;                            tasks assigned to the public undertaking — Competitive
                                                                                                     activities)
2. orders the parties to bear their own costs.
                                                                                                  ( 97/C 131 /31 )
(') OJ No C 351 , 30 . 12 . 1995 .
                                                                                      (Language of the case: French)
                                                                       In Case T-106/95 : Fédération Française des Sociétés d'As­
                                                                       surances ( FFSA ), established in Paris, Union des Sociétés
                                                                       Etrangères d'Assurances (USEA), established in Paris,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              Groupe des Assurances Mutuelles Agricoles ( Groupama ),
                                                                       established in Noisy-le-Grand ( France ), Fédération Natio­
                        (Fourth Chamber)                               nale des Syndicats d'Agents Généraux d'Assurances
                       of 5 February 1997                              ( FNSAGA ), established in Paris, Fédération Française des
in Case T-211 /95 : Claudine Petit-Laurent v. Commission
                                                                       Courtiers d'Assurances et de Réassurances ( FCA ),
                                                                       established in Paris, Bureau International des Producteurs
              of the European Communities (')
                                                                       d'Assurances et de Réassurances ( BIPAR ), established in
(Officials — Internal competitions — Notice of vacancy                 Paris, represented by Dominique Voillemot and Marie-Pia
— Condition of being a temporary member of the                         Hutin, of the Paris Bar, with an address for service in
temporary staff on the closing date for applications —                 Luxembourg at the Chambers of Jacques Loesch, 11 Rue
Principle of protection of legitimate expectations —                   Goethe, against Commission of the European
Principle of equal treatment — Duty to have regard for                 Communities (Agent: Gérard Rozet), supported by the
       the welfare of officials — Action for damages)                  French Republic ( Agents: Catherine de Salins and Jean­
                           ( 97/C 131 /30 )                            Marc Belorgey ) and La Poste, established in Boulogne­
                                                                       Billancourt (France ), represented by Hervé Lehman, of the
               (Language of the case: French)                          Paris Bar, with an address for service in Luxembourg at
                                                                       the Chambers of Aloyse May, 31 Grand-Rue —
In Case T-211 /95 : Claudine Petit-Laurent, former member              application for annulment of the Commission Decision of
of the temporary staff of the Commission of the European                8 February 1 995 , notified to the applicants by letter of
 ---pagebreak--- 26 . 4 . 97             EN                   Official Journal of the European Communities                                 No C 131 / 13
21 February 1995 , relating to a procedure implementing                    JUDGMENT OF THE COURT OF FIRST INSTANCE
Article 93 of the EC Treaty ( State aid NN 135/92 :                                               of 5 March 1997
competitive activities of the French Post Office ), published
in the Official Journal of the European Communities ( OJ                in Case T-105/95 : WWF UK (World Wide Fund for
No C 262, 7. 10 . 1995 , p. 11 ) — the Court of First                      Nature ) v. Commission of the European Communities H
Instance (Third Chamber, Extended Composition ),
composed of : B. Vesterdorf, President, C. P. Briët, P.                 (Transparency — Access to information — Commission
Lindh, A. Potocki and J. D. Cooke, Judges; J. Palacio                   Decision 94/90/ECSC, EC, Euratom on public access to
Gonzalez, Administrator, for the Registrar, has given a                 Commission documents — Decision refusing access to
judgment on 27 February 1997, in which it:                              documents on the grounds that they relate to the
                                                                        examination by the Commission of a possible
                                                                        infringement of Community law by a Member State —
1 . dismisses the application;                                          Exceptions relating to the public interest and to the
                                                                        institution 's interest in the confidentiality of its
2 . orders the applicants to pay the costs of the                           proceedings — Extent of the obligation to give reasons)
       proceedings, including the costs incurred by the
       intervener La Poste;                                                                         ( 97/C 131/33 )
3 . orders the French Republic to bear its own costs.
                                                                                          (Language of the case: English)
(') OJ No C 159 , 24 . 6 . 1995 .
                                                                        In Case T-105/95 : WWF UK (World Wide Fund for
                                                                        Nature ), whose head office is at Godalming, Surrey
                                                                        (United Kingdom ), represented by Georg M. Berrisch,
                                                                        Rechtsanwalt in Hamburg and Brussels, with an address
                                                                        for service in Luxembourg at the Chambers of Turk and
   JUDGMENT OF THE COURT OF FIRST INSTANCE                              Prüm, 13B Avenue Guillaume, supported by the Kingdom
                         ( Fourth Chamber)                              of Sweden ( Agent: Erik Brattgård ), against Commission of
                                                                        the European Communities ( Agents : Carmel O'Reilly and
                          of 5 March 1997
                                                                        Ulrich Wölker ), supported by the French Republic
in      Case    T-96/95 :      Sébastien   Rozand-Lambiotte     v.       ( Agents: Catherine de Salins and Denys Wibaux) and the
          Commission of the European Communities ( 1 )                  United Kingdom of Great Britain and Northern Ireland
                                                                         ( Agents : John E. Collins, Stephen Richards and Jessica
 (Probationary officials — Not established at the end of the            Simor) — application for the annulment of the
probationary period — Articles 26, 34 and 43 of the Staff                Commission Decision of 2 February 1995 refusing the
Regulations — Right to a fair hearing — Inadequate                      applicant access to Commission documents relating to the
statement of reasons — Duty to have regard for the                      examination of a project to build an interpretative centre
      interests of officials — Manifest error of assessment)
                                                                         at Mullaghmore ( Ireland) and, in particular, to those
                            ( 971C 131 /32 )                             documents relating to the question as to whether
                                                                         structural funds could be used for that project — the
                  (Language of the case: French)                         Court of First Instance ( Fourth Chamber, Extended
                                                                         Composition ), composed of: K. Lenaerts, President, R.
In Case T-96/95 , Sébastien Rozand-Lambiotte, former                     García-Valdecasas, P. Lindh, J. Azizi and J. D. Cooke,
probationary official of the Commission of the European                 Judges; H. Jung, Registrar, has given a judgment on
 Communities, residing at La Javie ( France ), represented by            5 March 1997, in which it:
Jean-Noel Louis, Thierry Demaseure and Ariane Tornel, of
the Brussels Bar, with an address for service in
 Luxembourg at the office of Fiduciaire Myson Sari, 30 Rue                1 . annuls the decision of the Commission of 2 February
 de Cessange, v. Commission of the European Communities                        1995 refusing the applicant access to Commission
 ( Agents : Gianluigi Valsesia and Julian Currall ) —                          documents relating to the examination of a project to
 application for annulment of the Commission's decision of                     build an interpretative centre at Mullaghmore
                                                                               (Ireland);
 12 July 1994 to dismiss the applicant at the end of his
 probationary period — the Court of First Instance ( Fourth
 Chamber), composed of K. Lenaerts, President of the
                                                                         2 . orders the Commission to pay the costs of the
 Chamber, and P. Lindh and J. D. Cooke, Judges; M. A.
                                                                               applicant;
 Mair, Administrator, for the Registrar, has given a
 judgment on 5 March 1997, in which it:
                                                                          3 . orders the Kingdom of Sweden, the French Republic
  1 . dismisses the application;                                               and the United Kingdom of Great Britain and
                                                                               Northern Ireland to bear their own costs.
 2 . orders the parties to bear their own costs.
                                                                          (') OJ No C 174, 8 . 7 . 1995 .
 H OJ No C 137, 3 . 6 . 1995 .