CELEX: C1997/252/55
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 25 June 1997 in Case T-7/96: Francesco Perillo v. Commission of the European Communities (Lomé Convention - European Development Fund - Non-payment of contract - Commission's non-contractual liability)

16 . 8 . 97             EN                   Official Journal of the European Communities                               No C 252/25
3 . orders the parties, including the interveners, to bear                JUDGMENT OF THE COURT OF FIRST INSTANCE
     their own costs .
                                                                                                   of 19 June 1997
(') OJ No C 275 , 13 . 10 . 1993 .                                      in Case T-73/96: Miguel Forcat Icardo v. Commission of
                                                                                        the European Communities (')
                                                                        (Officials — Assignment to a new post — Interests of the
                                                                                          service — Misuse ofpowers)
                                                                                                    ( 97/C 252/54
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        (Language of the case: French)
                          of 19 June 1997
in Case T-260/94 : Air Inter SA v. Commission of the
                   European Communities (' )
                                                                        In Case T-73/96 : Miguel Forcat Icardo, an official of the
                                                                        Commission, residing in Brussels, represented by Georges
(Air transport — Continuation of an exclusive concession                Vandersanden, of the Brussels Bar, with an address for
on domestic routes — Regulation (EEC) No 2408/92 —                      service in Luxembourg at the offices of Fiduciaire Myson
Articles 5 and 8 — Rights of the defence — Audi alteram                 Sari, 30 Rue de Cessange, v. Commission of the European
partem — Principle of good faith — Principle of                         Communities ( Agent: Julian Currall ) — application for
     proportionality -— Article 90 (2) of the EC Treaty)                annulment of the memorandum of the Director-General of
                                                                        Directorate-General IX ( Personnel and Administration ) of
                            ( 97IC 252/53 )                             11 August 1995 assigning the applicant to a new post
                                                                        with effect from 1 October 1995 and for compensation
                 (Language of the case: French)                         for the non-material damage suffered — the Court of First
                                                                        Instance ( Third Chamber ), composed of: B. Vesterdorf,
                                                                        President, and C. P. Briët and A. Potocki, Judges; B.
In Case T-260/94 : Air Inter SA, having its registered office           Pastor, Principal Administrator, for the Registrar, has given
in Paray Vieille Poste, France, represented by Jean-Pierre              a judgment on 19 June 1997, in which it:
Spitzer, of the Paris Bar, with an address for service in
Luxembourg at the Chambers of Aloyse May, 31 Grand
Rue, against Commission of the European Communities                      1 . dismisses the application as inadmissible in so far as it
(Agents: Rolf Wägenbaur and Lucio Gussetti ), supported                       concerns the claim for compensation based on the
by TAT European Airlines, represented by Antoine                             second paragraph of Article 24 of the Staff
Winckler, of the Paris Bar, and Romano Subiotto,                              Regulations of officials of the European Communities;
Solicitor, with an address for service in Luxembourg at the
Chambers of Elvinger and Hoss, 2, Place Winston
Churchill, and United Kingdom of Great Britain and                      2 . dismisses the remainder of the application;
Northern Ireland ( Agents: John E. Collins and Richard
Plender) — application for annulment of Article 1 of                    3 . orders the parties to bear their own costs.
Commission Decision 94/291/EC of 27 April 1994 on a
procedure relating to the application of Council
Regulation ( EEC ) No 2408/92 ( Case VII/AMA/IV/93 —                     (') OJ No C 233 , 10 . 8 . 1996 .
TAT — Paris ( Orly) — Marseille and Paris ( Orly ) —
Toulouse ) ( OJ No L 127, 19 . 5 . 1994, p. 32 ) — the Court
of First Instance               ( Second    Chamber,     Extended
 Composition ), composed of: C. W. Bellamy, President, C. P.
 Briët and A. Kalogeropoulos, Judges; J. Palacio Gonzales,
Administrator, for the Registrar, has given a judgment on
 19 June 1997, in which it:                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 25 June 1997
 1 . dismisses the application;                                          in Case T-7/96: Francesco Perillo v. Commission of the
                                                                                           European Communities (')
 2 . orders the applicant to pay the costs, including those              (Lomé Convention — European Development Fund —
      of the proceedings in Case C-301 /94 which took place              Non-payment of contract — Commission's non­
      before the Court of Justice and those incurred by TAT,                                    contractual liability)
      but not those incurred by the United Kingdom                                                   ( 97/C 252/55 )
      Government, an intervening party, which shall bear its
      own costs .
                                                                                         (Language of the case: French)
 (') OJ No C 275 , 1 . 10 . 1994 .
                                                                         In Case T-7/96 : Francesco Perillo, trading as ITAM
                                                                         SIDER, residing in Altamura, Italy, represented by Mario
 ---pagebreak--- No C 252/26           \ EN                 Official Journal of the European Communities                                  16 . 8 . 97
Spandre, of the Brussels Bar, with an address for service in          2 . orders the parties to bear their own costs.
Luxembourg at the Chambers of Pierre Thielen, 21 Rue
de Nassau, against Commission of the European                          (') OJ No C 133 , 4. 5 . 1996 .
Communities (Agent: Etiene Lasnet) — application under
Article 178 and the second paragraph of Article 215 of
the EC Treaty for compensation for the damage allegedly
suffered by the applicant in connection with a programme
financed by the European Development Fund — the Court
of First Instance ( First Chamber), composed of: A. Saggio,
President, V. Tiili and R. M. Moura Ramos, Judges; J.                    JUDGMENT OF THE COURT OF FIRST INSTANCE
Palacio Gonzalez, Administrator, for the Registrar, has                                          of 9 July 1997
given a judgment on 25 June 1997, in which it:
                                                                      in Case T-455/93 : Hedley Lomas (Ireland) Ltd and Others
                                                                             v. Commission of the European Communities (')
 1 . dismisses the application;                                        (Agriculture — Common organization of the market in
                                                                       the sheepmeat and goatmeat sector — Variable slaughter
                                                                      premium for sheep — Conditions for reimbursement of
2 . orders the defendant to pay the costs.                            clawback — Principle of legal certainty — Principle of
                                                                      protection of legitimate expectations — Principle of
                                                                                                proportionality)
0 ) OJ No C 95 , 30 . 3 . 1996 .
                                                                                                 ( 97/C 252/57 )
                                                                                      (Language of the case: English)
                                                                      In Case T-455/93 : Hedley Lomas ( Ireland ) Ltd, established
                                                                      in Dublin, Sharpbond Trading Ltd, established in
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             Stratford-upon-Avon (United Kingdom), J. & S. A. Wood
                           of 2 July 1997                             ( Livestock Exports ), Ltd, established in Redditch (United
                                                                      Kingdom ), J. & S. A. Wood, established in Redditch,
in Case T-28/96: Doreen Chew v. Commission of the                     Lesley Dorothy Joan Mills, residing in Framlingham
                  European Communities (')                            ( United Kingdom), Live Sheep Traders Ltd, established in
                                                                      Framlingham, Livestock Sales Transport Ltd, established
(Officials — Representation — Staff Committee —                       in Framlingham, Peter Ziokowski, residing in Folkestone
          Elections — List of staff entitled to vote)                 ( United Kingdom), Brigstock Farms Ltd, established
                           ( 97/C 252/56 )                            in London, K. A. & S. B. M. Feakins, established
                                                                      in Llancloudy (United Kingdom ), Deaconvale Ltd,
                                                                      established in Gloucester ( United Kingdom), represented
                                                                      by Conor Quigley, Barrister, of the Bar of England and
                (Language of the case: French)
                                                                      Wales, instructed by A. M. Burstow, Solicitor, Crawley,
                                                                      with an address for service in Luxembourg at the
                                                                      Chambers of Jean-Marie Bauler, 42 Grand-Rue, against
In Case T-28/96 : Doreen Chew, a member of the local                  Commission of the European Communities ( Agents :
staff of the Commission of the European Communities,                  Thomas Van Rijn, Christopher Docksey and Philippa
residing at Suva ( Fiji ), represented by Nicolas Lhoëst, of          Watson), supported by United Kingdom of Great Britain
the Brussels Bar, with an address for service in                      and Northern Ireland ( Agents : J. E. Collins and Gerald
Luxembourg at the offices of Fiduciaire Myson Sari ,                  Barling) — application for the annulment of Article 2 of
30 Rue de Cessange, v. Commission of the European                     Commission Regulation ( EEC) No 1922/92 of 13 July
Communities ( Agent: Ana Maria Alves Vieira ) —                       1992 amending Regulation ( EEC ) No 1633/84 laying
application, first, for annulment of the result of the                down detailed rules for applying the variable slaughter
elections held to provide for representation of staff serving         premium for sheep, repealing Regulation ( EEC ) No 2661 /
outside the Community, announced by the Electoral                     80 and determining the conditions for the reimbursement
Committee on 13 February 1995 , in so far as it named the             of the clawback following the judgment of the Court of
regional representative elected by the local staff                    Justice in Joined Cases C-38/90 and C-151 /90 ( OJ No
constituency for geographical area No 3 and, second, for              L 195 , 14. 7. 1992, p. 10 ) — the Court of First Instance
an order requiring the Commission to pay one Belgian                  ( Fourth Chamber), composed of: K. Lenaerts, President, P.
franc as compensation for the non-material damage                     Lindh and J. D. Cooke, Judges; J. Palacio Gonzalez,
allegedly suffered by the applicant — the Court of First              Administrator, for the Registrar, has given a judgment on
Instance ( First Chamber), composed of: A. Saggio,                    9 July 1997, in which it:
President, and V. Tiili and R. M. Moura Ramos, Judges;
A. Mair, Administrator, for the Registrar, has given a
judgment on 2 July 1997, in which it:                                 1 . dismisses the application;
                                                                      2 . orders the applicants jointly and severally to pay the
1 . dismisses the action;                                                  costs of the Commission;