CELEX: C2002/118/16
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 15 January 2002 in Case C-171/00 P: Alain Libéros v Commission of the European Communities (Appeal — Possibility for the Judge-Rapporteur in the Court of First Instance to hear and determine a case sitting as a single Judge — Member of the temporary staff — Classification in grade — Professional experience)

18.5.2002                EN                     Official Journal of the European Communities                                             C 118/11
                  JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                                                                                                       (Fifth Chamber)
                          (Sixth Chamber)
                                                                                                     of 15 January 2002
                            12 March 2002
                                                                           in Case C-171/00 P: Alain Libéros v Commission of the
                                                                                                European Communities (1)
in Case C-168/00 (Reference for a preliminary ruling
from the Landesgericht Linz): Simone Leitner v TUI
                Deutschland GmbH & Co. KG (1)                              (Appeal — Possibility for the Judge-Rapporteur in the Court
                                                                           of First Instance to hear and determine a case sitting as a
                                                                           single Judge — Member of the temporary staff — Classifi-
                                                                                      cation in grade — Professional experience)
(Directive 90/314/EEC — Package travel, package holidays
and package tours — Compensation for non-material dam-
                                  age)                                                                 (2002/C 118/16)
                           (2002/C 118/15)                                                       (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be published
                   (Language of the case: German)                                               in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                         In Case C-171/00 P: Alain Libéros (avocat: M.-A. Lucas) —
                                                                           appeal against the judgment of the Court of First Instance of
                                                                           the European Communities (single judge) of 9 March 2000 in
                                                                           Case T-29/97 Libéros v Commission[2000] ECR SC I-A-43
                                                                           and II-185, seeking to have that judgment set aside, the other
                                                                           party to the proceedings being Commission of the European
In Case C-168/00: Reference to the Court under Article 234                 Communities (Agent: J. Currall, assisted by B. Wägenbaur), the
EC by the Landesgericht Linz (Austria) for a preliminary ruling            Court (Fifth Chamber), composed of: P. Jann, President of the
in the proceedings pending before that court between Simone                Chamber, A. La Pergola, L. Sevón, M. Wathelet and C.W.A.
Leitner and TUI Deutschland GmbH & Co. KG, on the                          Timmermans (Rapporteur), Judges; C. Stix-Hackl, Advocate
interpretation of Article 5 of Council Directive 90/314/EEC of             General; H.A. Rühl, Principal Administrator, for the Registrar,
13 June 1990 on package travel, package holidays and package               gave a judgment on 15 January 2002, in which it:
tours (OJ 1990 L 158, p. 59), the Court (Sixth Chamber),
composed of: N. Colneric, President of the Second Chamber,
acting for the President of the Sixth Chamber, C. Gulmann                  1.    Sets aside the judgment of the Court of First Instance of the
(Rapporteur), J.-P. Puissochet, V. Skouris and J.N. Cunha                        European Communities of 9 March 2000 in Case T-29/97
Rodrigues, Judges; A. Tizzano, Advocate General; H.A. Rühl,                      Libéros v Commission;
Principal Administrator, for the Registrar, has given a judgment
on 12 March 2002, in which it has ruled:
                                                                           2.    Annuls the decisions of the Commission of the European
                                                                                 Communities of 15 March 1996, definitively classifying
                                                                                 Mr Libéros in Grade A 7, and of 5 November 1996, rejecting
Article 5 of Council Directive 90/314/EEC of 13 June 1990 on                     his complaint against that classification decision;
package travel, package holidays and package tours is to be interpreted
as conferring, in principle, on consumers a right to compensation for
non-material damage resulting from the non-performance or                  3.    Orders the Commission of the European Communities to pay
improper performance of the services constituting a package holiday.             all the costs of the proceedings before the Court of First Instance
                                                                                 and the Court of Justice.
(1) OJ C 192 of 8.7.2000.
                                                                           (1) OJ C 192 of 8.7.2000.