CELEX: C1998/299/63
Language: en
Date: 1998-09-26 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 15 July 1998 in Case T-155/95: LPN and GEOTA v. Commission of the European Communities (Inadmissibility)

26.9.98               EN                  Official Journal of the European Communities                                   C 299/35
represented by Annetje-Theckla Ottow, of the Amsterdam                    ORDER OF THE COURT OF FIRST INSTANCE
Bar, with an address for service in Luxembourg at the                                        of 8 July 1998
Chambers of Claude Medernach, 8Ð10, rue Mathias
Hardt, against the Commission of the European                        in Joined Cases T-85/94 (92) and T-85/94 (122) (92):
Communities (Agents: Hendrik Van Lier, Marc van der                  EugeÂnio Branco Lda v. Commission of the European
Woude and Rita Wezembeek-Geuke) Ð application for                                           Communities (1)
annulment of the Commission's decision of 8 April 1997
                                                                                          (Taxation of costs)
addressed to the Kingdom of the Netherlands and
concerning an application for repayment of import duties                                     (98/C 299/62)
Ð the Court of First Instance (Third Chamber), composed
of: V. Tiili, President, C. P. BrieÈt, and A. Potocki, Judges;
                                                                                   (Language of the case: Portuguese)
A. Mair, Administrator, for the Registrar, has given a
judgment on 16 July 1998 in which it:
                                                                     In Cases T-85/94 (92) and T-85/94 (122) (92) EugeÂnio
1. annuls the Commission's decision of 8 April 1997                  Branco Lda, established in Lisbon, represented by Bolota
    addressed to the Kingdom of the Netherlands and                  Belchior of the Vila Nova de Gaia Bar, with an address for
    concerning an application for repayment of import                service in Luxembourg at the Chambers of Jacques
    duties;                                                          Schroeder, 6, rue Heine, against the Commission of the
                                                                     European Communities (Agents: Francisco de Sousa
                                                                     Fialho and Knut Simonsson) Ð application for costs to be
2. orders the Commission to pay the costs.                           taxed following the Court's judgments in Branco v.
                                                                     Commission (T-85/94 [1995] ECR II-45) and Commission
(1) OJ C 252, 16.8.1997.                                             v. Branco (T-85/94 (122) [1995] ECR II-2993) Ð the
                                                                     Court of First Instance (Third Chamber), composed of: V.
                                                                     Tiili, President, and C. P. BrieÈt and A. Potocki, Judges; H.
                                                                     Jung, Registrar, has made an order on 8 July 1998 in
                                                                     which it:
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            1. joins Cases T-85/94 (92) and T-85/94 (122) (92) for
                       (Fifth Chamber)                                    the purpose of this order;
                        of 14 July 1998
     in Case T-219/97: Anita Brems v. Council of the                 2. fixes at PTE 3 500 000, plus VAT if appropriate, the
                      European Union (1)                                  total amount of costs recoverable in Cases T-85/94
                                                                          and T-85/94 (122).
(Officials Ð Action for annulment Ð Thermal cure Ð
Article 59 of the Staff Regulations Ð Sick leave Ð Special
                                                                     (1) OJ C 120, 30.4.1994.
                             leave)
                         (98/C 299/61)
                (Language of the case: French)
In Case T-219/97: Anita Brems, an official of the Council                 ORDER OF THE COURT OF FIRST INSTANCE
of the European Union, represented by Jean-NoeÈl Louis,                                     of 15 July 1998
Thierry Demaseure and Ariane Tornel, of the Brussels Bar,
with an address for service in Luxembourg at Fiduciaire              in Case T-155/95: LPN and GEOTA v. Commission of the
Myson SA  Á RL, 30, rue de Cessange, against the Council of                            European Communities (1)
the European Union (Agents: TheÂreÁse Blanchet and Martin                                   (Inadmissibility)
Bauer) Ð application for the annulment of decisions of
the Council refusing to grant to the applicant all her sick                                  (98/C 299/63)
leave from 24 May to 8 June 1996 Ð the Court of First
Instance (Fifth Chamber), composed of J. Azizi, President,
                                                                                   (Language of the case: Portuguese)
R. García-Valdecasas and M. Jaeger, Judges; J. Palacio
GonzaÂlez, Administrator, for the Registrar, gave a
judgment on 14 July 1998, in which it:                               In Case T-155/95, LPN, Liga para ProteccËaÄo da Natureza
                                                                     and GEOTA, Grupo de Estudos do Ordenamento do Ter-
1. dismisses the application;                                        ritório e do Ambiente, both established in Lisbon,
                                                                     represented by Agostinho Pereira de Miranda, Rui Amen-
                                                                     doeira, JoseÂ Cunhal Sendim and Paula Gomes Freire, of
2. orders the parties to bear their own costs.                       the Lisbon Bar, with chambers at Avenida António
                                                                     Augusto Aguiar, 27, 2.o, Dt.o, Lisbon, against the
(1) OJ C 318, 18.10.1997.                                            Commission of the European Communities (Agents:
                                                                     António Caeiro and Günter Wilms), supported by the
                                                                     Portuguese Republic (Agents: Luís Fernandes and Angelo
 ---pagebreak--- C 299/36              EN                 Official Journal of the European Communities                                    26.9.98
CortesaÄo SeicËa Neves) Ð application for the annulment of          Action brought on 10 July 1998 by Svend Bech Kristensen
the Commission decision of 21 December 1994 granting                         against the Council of the European Union
funding under Council Regulation (EC) No 1164/94 of                                        (Case T-103/98)
16 May 1995 establishing a Cohesion Fund (2) for Project
No 94/10/65/005 concerning the construction of a new                                         (98/C 299/65)
road bridge across the Tagus in the Lisbon region of
Portugal Ð the Court of First Instance (Fifth Chamber),
composed of: J. Azizi, President, R. García-Valdecasas and                          (Language of the case: French)
M. Jaeger, Judges; Registrar: H. Jung, made an order on
15 July 1998 in which it:
                                                                    An action against the Council of the European Union was
                                                                    brought before the Court of First Instance of the European
1. dismisses the application as manifestly inadmissible;            Communities on 10 July 1998 by Svend Bech Kristensen,
                                                                    resident in Waterloo, Belgium, represented by Jean-NoeÈl
2. orders the applicants to bear their own costs and,               Louis, VeÂronique Leclercq, Ariane Tornel and FrancËoise
    jointly and severally to pay those incurred by the              Parmentier, of the Brussels Bar, with an address for service
    Commission;                                                     in Luxembourg at the offices of Fiduciaire Myson SARL,
                                                                    30, rue de Cessange.
3. orders the Portuguese Republic to bear its own costs.
                                                                    The applicant claims that the Court should:
(1) OJ C 286, 28.10.1995.
(2) OJ L 130, 25.5.1994, p. 1.
                                                                    Ð annul the Council decision of 6 October 1997 refusing
                                                                        the request for refund of that part of the pension
                                                                        rights transferred to the Community pension scheme
                                                                        which was not taken into consideration in the
                                                                        calculation of the pensionable service to be taken into
                                                                        account pursuant to Article 11(2) of Annex VIII to the
     ORDER OF THE COURT OF FIRST INSTANCE                               Staff Regulations,
                      (Fourth Chamber)
                        of 8 July 1998                              Ð order the Council to pay the costs.
in Case T-200/95 X. v. Commission of the European
                       Communities (1)
                                                                    Pleas in law and main arguments adduced in support:
(Officials Ð Time limit for submitting a complaint Ð
                   Manifest inadmissibility)
                                                                    The applicant, a Council official of Danish nationality,
                        (98/C 299/64)                               challenges the decision of the Director-General for
                                                                    Administration and Protocol of 6 October 1997 rejecting
                (Language of the case: Greek)                       his request for a refund of that part of the sum paid to the
                                                                    institution by the Danish pension schemes, on the transfer
In Case T-200/95: X., a former official of the Commission           of his pension rights acquired in Denmark, which could
of the European Communities, residing in Brussels,                  not be taken into account in the calculation of the number
represented by Georges A. Sakellaropoulos, of the Athens            of years of pensionable service to be credited under the
Bar, with an address for service in Luxembourg at the               Community pension scheme.
Chambers of Aloyse May, 31, Grand'Rue, against the
Commission of the European Communities (Agents: Maria
                                                                    In support of his claims he contends:
Condou and Ana Maria Alves Vieira) Ð application for
annulment of a decision refusing the applicant admission
to the Commission's buildings following the adoption of a           Ð that Article 11(1) and (2) of Annex VIII to the Staff
decision removing him from his post and also for                        Regulations has been infringed. Under that provision
compensation for the loss suffered in that connection Ð                 an official is entitled on establishment to have paid to
the Court (Fourth Chamber), composed of: P. Lindh,                      the Communities either the actuarial equivalent or the
President of the Chamber, and K. Lenaerts and J. D.                     flat-rate redemption value of retirement pension rights
Cooke, Judges; H. Jung, Registrar, has made an order on                 acquired before his entry into service. In the
8 July in which it:                                                     applicant's view, that is a mandatory duty not
                                                                        allowing the exercise of any discretion as to the
1. dismisses the application as manifestly inadmissible;                appropriateness of taking into account the whole or
                                                                        part of the amount of the pension rights transferred by
                                                                        the official,
2. orders the parties to bear their own costs.
(1) OJ C 351, 30.12.1995.                                           Ð that the third indent of Article 10(3) of the general
                                                                        provisions implementing Article 11 of Annex VIII to
                                                                        the Staff Regulations is unlawful inasmuch as it lays