CELEX: C2003/184/75
Language: en
Date: 2003-08-02 00:00:00
Title: Judgment of the Court of First Instance of 4 June 2003 in Joined Cases T-124/01 and T-320/01 Pietro Del Vaglio v Commission of the European Communities (Officials — Weighting — Pension — Definition of residence — Burden of proof — United Kingdom)

2.8.2003               EN                        Official Journal of the European Union                                            C 184/33
Plenary session                                                          In connection with those various orders, the First Chamber,
                                                                         presided over by the President of the Court of First Instance,
At its meeting on 2 July 2003, the Court of First Instance               shall not be taken into consideration at each third turn.
decided pursuant to the second sub-paragraph of Article 32(1)
of the Rules of Procedure of the Court of First Instance that
where, following the designation of an Advocate General                  The President of the Court of First Instance may derogate from
pursuant to Article 17 of the Rules of Procedure, there is an            that order on the ground that cases are related or with a view
even number of Judges in the Court of First Instance sitting in          to ensuring an even spread of the workload.
plenary session, the rota established in advance in accordance
with which the President of the Court is to designate the Judge
who will not take part in the judgment of the case shall be in
reverse order to that in which the Judges rank according to
their seniority in office under Article 6 of the Rules of
Procedure unless the Judge who would thus be designated is
the Judge-Rapporteur. In that event, it shall be the judge
ranking immediately above him who shall be designated.
Designation of the Judge replacing the President of the
Court of First Instance as the Judge hearing an application                  JUDGMENT OF THE COURT OF FIRST INSTANCE
for interim measures
At its meeting on 2 July 2003, the Court of First Instance                                          of 4 June 2003
decided in accordance with Article 106 of its Rules of Proce-
dure, as amended on 21 May 2003, that where the President is
absent or prevented from sitting to hear an application for
                                                                         in Joined Cases T-124/01 and T-320/01 Pietro Del Vaglio v
interim measures, to designate to replace him:
                                                                                 Commission of the European Communities (1)
—     for the period 1 August to 30 September 2003, Judge
      García-Valdecasas, or if he is absent or prevented from
      sitting, Judge Lenaerts, Judge Tiili or Judge Forwood, in          (Officials — Weighting — Pension — Definition of resi-
      that order;                                                                 dence — Burden of proof — United Kingdom)
—     for the period 1 October 2003 to 31 August 2004, Judge
      García-Valdecasas, or if he is absent or prevented from
      sitting, Judge Lenaerts.                                                                      (2003/C 184/75)
                                                                                             (Language of the case: French)
Criteria for assigning cases to the Chambers
At its meeting on 2 July 2003, the Court of First Instance
established the following criteria for the assignment of cases to
the Chambers for the period between 1 October 2003 and                   In Joined Cases T-124/01 and T-320/01: Pietro Del Vaglio, a
31August 2004 pursuant to Article 12 of the Rules of Proce-              former official of the Commission of the European Commu-
dure:                                                                    nities, residing in London, represented by G. Vandersanden and
                                                                         L. Levi, lawyers, against the Commission of the European
1.    Cases shall be assigned, with effect from the lodging of           Communities (Agent: J. Currall) — application for the annul-
      the application and without prejudice to any subsequent            ment of the Commission's decisions of 5 April 2000 and
      application of Articles 14 and 51 of the Rules of Proce-           6 September 2001 refusing to apply the United Kingdom
      dure, to Chambers of three Judges...                               weighting to the applicant's pension from, respectively, 8 May
                                                                         1999 and 24 September 2000, and for damages and default
2.    Cases shall be allocated to the Chambers in turn,                  interest on the remainder of the pension owed, the Court of
      following four different orders depending on the date on           First Instance (single judge: V. Tiili); Registrar: J. Palacio
      which the cases were registered at the Registry:                   González, Principal Administrator, gave a judgment on 4 June
                                                                         2003, in which it:
      —     for cases concerning implementation of the rules on
            competition applicable to undertakings, of the rules
            on State aid and the rules on measures to protect
            trade;                                                       1.    dismisses the application in Case T-124/01;
      —     for the cases referred to in Article 236 of the EC
            Treaty and Article 152 of the EAEC Treaty;                   2.    annuls the Commission's decision of 6 September 2001 in so
                                                                               far as the Commission refused to apply the United Kingdom
      —     for the cases concerning intellectual property rights              weighting to the applicant's pension from 1 January 2001;
            referred to in Article 130(1) of the Rules of Proce-
            dure;
      —     for all other cases.                                         3.    dismisses the remainder of the application in Case T-320/01;
 ---pagebreak--- C 184/34               EN                           Official Journal of the European Union                                         2.8.2003
4.    orders the Commission to pay default interest to the applicant        1.    The application is dismissed as inadmissible.
      at the rate set by the European Central Bank for capital
      refinancing operations in force during the various phases of the
      period concerned, increased by two percentage points per annum,       2.    The applicant is ordered to pay the costs.
      on the arrears of pension from 1 January 2001 to 31 March
      2001; that interest must be calculated from the various dates at      (1) OJ C 275 29.9.2001.
      which each payment under the pension scheme should have been
      made, up to the date on which the payment was effected;
5.    in Case T-124/01, orders the parties to bear their own costs;
6.    in Case T-320/01, orders the Commission to bear its own costs
      and pay half the applicant's costs.
                                                                                   ORDER OF THE COURT OF FIRST INSTANCE
7.    In Case T-320/01, orders the applicant to bear half his own
      costs.
                                                                                                       of 6 May 2003
(1) OJ C 56 of 2.3.02.
                                                                            in Case T-45/02: DOW AgroSciences BV and DOW Agro-
                                                                            Sciences Ltd v European Parliament and Council of the
                                                                                                    European Union (1)
                                                                            (Decision No 2455/2001/EC — Action for annulment —
                                                                                                       Inadmissibility)
       ORDER OF THE COURT OF FIRST INSTANCE                                                           (2003/C 184/77)
                          of 30 April 2003                                                      (Language of the case: English)
in Case T-167/01: Schmitz-Gotha Fahrzeugwerke GmbH v
         Commission of the European Communities (1)
                                                                            In Case T-45/02, DOW AgroSciences BV, established in
                                                                            Rotterdam (Netherlands), DOW AgroSciences Ltd, established
(Action for annulment — Locus standi — Commission                           in Hitchin (United Kingdom), represented by K. Van Maldegem
decision ordering recovery of State aid — Action brought                    and C. Mereu, lawyers, supported by European Crop Protection
by an undertaking buying up assets of a company required                    Association (ECPA), having its registered office in Brussels
                  to repay aid — Inadmissibility)                           (Belgium), represented by D. Waelbroeck and D. Brinckman,
                                                                            lawyers, v European Parliament (Agents: C. Pennera and
                                                                            M. Moore) and Council of the European Union (Agents:
                           (2003/C 184/76)                                  M. Sims-Robertson and B. Hoff-Nielsen), supported by
                                                                            Commission of the European Communities (Agents: G. Valero
                                                                            Jordana and K. Fitch), APPLICATION for partial annulment of
                    (Language of the case: German)                          Decision No 2455/2001/EC of the European Parliament and of
                                                                            the Council of 20 November 2001 establishing the list of
                                                                            priority substances in the field of water policy and amending
                                                                            Directive 2000/60/EC (OJ 2001 L 331, p. 1), the President of
In Case T-167/01: Schmitz-Gotha Fahrzeugwerke GmbH, estab-                  the Court of First Instance has made an order on 6 May 2003,
lished in Gotha (Germany), represented by M. Matzat, lawyer,                the operative part of which is as follows:
against Commission of the European Communities (Agents:
V. Kreuschitz and V. Di Buccis) — application for annulment
of Commission Decision 2001/673/EC of 28 March 2001 on                      1.    The application is dismissed as inadmissible.
State aid implemented by Germany for EFBE Verwaltungs
GmbH & Co. Management KG (now Lintra Beteiligungsholding
GmbH, together with Zeitzer Maschinen, Anlagen Geräte                       2.    The applicants shall bear their own costs and pay the costs
GmbH; LandTechnik Schlüter GmbH; ILKA MAFA Kältetechnik                           incurred by the Parliament and the Council.
GmbH; SKL Motoren- und Systembautechnik GmbH; SKL
Spezialapparatebau GmbH; Magdeburger Eisengießerei GmbH;                    3.    The Commission and the European Crop Protection Association
Saxonia Edelmetalle GmbH and Gothaer Fahrzeugwerk GmbH)                           shall bear their own costs.
(OJ 2001 L 236, p. 3) — the Court of First Instance (Fourth
Chamber, Extended Composition), composed of V. Tiili, Presi-
dent of the Chamber, J. Pirrung, P. Mengozzi, A.W.H. Meij and               (1) OJ C 144 of 15.6.2002.
M. Vilaras, Judges; H. Jung, Registrar, made an order on
30 April 2003, the operative part of which is as follows: