CELEX: C1996/210/29
Language: en
Date: 1996-07-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 5 June 1996 in Case T-92/94: Rodolfo Maslias v. European Parliament (Officials - Household allowance - Spouse's income from employment in excess of the ceiling under the Staff Regulations - Retroactive withdrawal of entitlement to the allowance - Recovery of undue payment)

No C 210/ 12           EN                   Official Journal of the European Communities                                  20 . 7 . 96
                                                      COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 5 June 1996                                                         of 5 June 1996
in Case T-92/94: Rodolfo Maslias v. European                           in Case T-162/94, NMB France and Others v. Commission
                           Parliament ( 1 )                                           of the European Communities ( ] )
(Officials — Household allowance — Spouse's income from                (Anti-dumping duties — Ball-bearings — Reimbursement
employment in excess of the ceiling under the Staff                    — 'Duty as a cost' rule — Difference of treatment between
Regulations — Retroactive withdrawal ofentitlement to the              associated importers and independent importers —
         allowance — Recovery of undue payment)                        Previous judgment of the Court of Justice — Res
                          ( 96/C 210/29 )                                                           judicata)
                                                                                                 ( 96/C 210/30 )
                 (Language of tbe case: Greek)
                                                                                       (Language of tbe case: English)
In Case T-92/94 : Rodolfo Maslias, an official of the                  In Case T-162/94 , NMB France SARL, whose registered
European Parliament, residing in Luxembourg, represented               office is in Argenteuil ( France ), NMB-Minebea-GmbH,
by Charissios Tagaras, of the Thessaloniki Bar, with an                whose registered office is in Langen ( Germany ), NMB (UK )
address for service in Luxembourg at the Chambers of                   Ltd, whose registered office is in Bracknell , Berkshire
Evelyn Korn, 22 Rue de Nassau, v . European Parliament                 ( United Kingdom ), and NMB Italia Sri , whose registered
( Agent: Jannis Pantalis ) — application, first, for annulment         office is in Mazzo di Rho ( Italy ), represented by Ian
of the decision of 21 June 1993 withdrawing, with effect               Forrester QC, of the Scots Bar, Jacquelyn F. MacLennan,
from 1 August 1988 , the applicant's entitlement to the                Solicitor, and A. Kaplanidis, of the Thessaloniki Bar, with
household allowance and providing for recovery of the sum              an address for service in Luxembourg at the Chambers of
of LR 676 800 , and, second, for annulment of the decision             Loesch & Wolter, 11 Rue Goethe, v. Commission of the
of 3 December 1993 rejecting the applicant's complaint —               European Communities ( Agents : Eric L. White, and
the Court of First Instance (Third Chamber ), composed of:             Claus-Michael Happe ), supported by Federation of
B. Vesterdorf, acting for the President, and P. Lindh and A.           European Bearing Manufacturers ' Associations ( Febma ),
Potocki, Judges; B. Pastor, Principal Administrator, for the           whose headquarters is in Frankfurt ( Germany ), represented
Registrar, has given a judgment of 5 June 1 996 , in which             by Dietrich Ehle and Volker Schiller, Rechtsanwàlte ,
it :                                                                   Cologne, with an address for service in Luxembourg at the
                                                                       Chambers of Arendt & Medernach, 8—10 Rue Mathias
                                                                       Hardt — application for the annulment of Commission
                                                                       Decisions 92/332/EEC, 92/333/EEC, 92/334/EEC and
1 . annuls the decision of the Parliament of2 1 June 1994 in           92/335/EEC of 3 June 1992 concerning applications for the
     so far as it requires the recovery of sums unduly paid in         refund of anti-dumping duties collected on certain imports
     respect of the household allowance for the period from            of certain ball-bearings originating in Singapore ( OJ No
     1 August 1988 to 30 November 1989;                                L 185 , 1992 , pp . 35 , 38 , 41 and 44 ) — the Court of First
                                                                       Instance of the European Communities ( Second Chamber,
                                                                       Extended Composition ) composed of H. Kirschner,
2 , orders the Parliament to pay default interest at the               President, B. Vesterdorf, C. W. Bellamy, A. Kalogeropoulos
     annual rate of 8% on all sums recovered by it in excess           and A. Potocki, Judges, Registrar: J. Palacio Gonzalez,
     of the limits laid down by the present judgment;                  Administrator, gave a judgment on 5 June 1996 in which
                                                                       it :
3 , dismisses the remainder of the application;                         1 . declares that it is unnecessary to give judgment on the
                                                                            action brought by NMB France SARL;
4 . orders the parties to bear their own costs.
                                                                       2 , declares that it is unnecessary to give judgment on the
                                                                            action brought by NMB-Minebea-GmbH, NMB (UK)
                                                                            Ltd and NMB Italia Sri to the extent to which it relates
(!) OJ No C 132 of 14 . 5 . 1994 .
                                                                            to the reimbursement of anti-dumping duties collected
                                                                            in relation to the period from 21 September 1990;
                                                                       3.   dismisses the remainder of the action;