CELEX: C1998/041/35
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 December 1997 in Case T-121/95: European Fertilizer Manufacturers Association (EFMA) v. Council of the European Union (Anti-dumping duties - Injury - Right to a fair hearing)

7.2.98                EN                 Official Journal of the European Communities                                   C 41/17
Reference for a preliminary ruling by the Landgericht                   individual decision, can the public law body be held
Düsseldorf by order of that court of 8 December 1997 in                 liable as well as the Member State?
the case of Salomone Haim against Kassenzahnärztliche
                    Vereinigung Nordrhein                           2. If so: Where a national official has either applied
                                                                        conflicting national law against Community law, or
                       (Case C-424/97)
                                                                        has applied national law in a manner that does not
                         (98/C 41/33)                                   comply with Community law, is there a serious breach
                                                                        of Community law simply on the ground that the
                                                                        official had no discretion in making his decision?
Reference has been made to the Court of Justice of the              3. Where a national of another Member State has been
European Communities by order of the Landgericht                        recognised in the host Member State as having the
(Regional Court) Düsseldorf of 8 December 1997,                         status of a dental practitioner but does not hold a
received at the Court Registry on 15 December 1997, for                 diploma mentioned in Article 3 of Directive 78/686/
a preliminary ruling in the case of Salomone Haim v.                    EEC (1), may the competent authorities of the host
Kassenzahnärztliche Vereinigung Nordrhein on the                        Member State make the admission of such person to
following questions:                                                    treat patients affiliated to social security schemes
                                                                        conditional upon his having the knowledge of
                                                                        languages which he needs for the exercise of his
1. If an official of a legally independent public law body              professional activity in the host State?
     of a Member State breaches primary Community law
     when applying national law in the context of an                (1) OJ L 233, 24.8.1978, p. 1.
                                                   COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           2. Each party shall bear its own costs.
                       (Third Chamber)
                                                                    (1) OJ C 94, 22.3.1997.
                    of 16 December 1997
in Case T-19/97: Claude Richter v. Commission of the
                  European Communities (1)
(Officials Ð Leave on personal grounds Ð Reinstatement
Ð Place of employment Ð Duty to have regard to the
 welfare of officials Ð Principle of sound administration)
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                         (98/C 41/34)
                                                                                        of 17 December 1997
                (Language of the case: French)                      in Case T-121/95: European Fertilizer Manufacturers
                                                                     Association (EFMA) v. Council of the European Union (1)
In Case T-19/97: Claude Richter, an official of the                  (Anti-dumping duties Ð Injury Ð Right to a fair hearing)
Commission of the European Communities, residing in
                                                                                             (98/C 41/35)
Luxembourg, represented by Jean-NoeÈl Louis, Thierry
Demaseure and Ariane Tornel, of the Brussels Bar, with an
address for service in Luxembourg at Fiduciaire Myson
                                                                                   (Language of the case: English)
SaÁrl, 30 Rue de Cessange, against Commission of the
European Communities (Agent: Julian Currall) Ð
application for compensation for the harm which the
applicant considered to have suffered as a result of the            In Case T-121/95: European Fertilizer Manufacturers
fact that the Commission did not reinstate him, at the end          Association (EFMA), established in Zurich (Switzerland),
of his leave on personal grounds, to the first vacant post          represented initially by Dominique Voillemot and Hubert
in his category and grade, in respect of which he was in            de Broca and subsequently by Dominique Voillemot and
possession of the requisite abilities Ð the Court of First          Olivier Prost, of the Paris Bar, with an address for service
Instance (Third Chamber), composed of V. Tiili, President,          in Luxembourg at the Chambers of Loesch and Wolter, 11
C. P. BrieÈt and A. Potocki, Judges; H. Jung, Registrar, gave       Rue Goethe v. Council of the European Union (Agents:
a judgment on 16 December 1997, the operative part of               Yves CreÂtien, Antonio Tanca, assisted by Hans-Jürgen
which is as follows:                                                Rabe and Georg M. Berrisch), supported by Commission
                                                                    of the European Communities (Agent: Nicholas Khan) Ð
                                                                    application for annulment of Article 1 of Council
1. The application is dismissed.                                    Regulation (EC) No 477/95 of 16 January 1995 amending
 ---pagebreak--- C 41/18               EN                Official Journal of the European Communities                                   7.2.98
the definitive anti-dumping measures applying to imports           of: K. Lenaerts, President, and P. Lindh and J. D. Cooke,
into the Community of urea originating in the former               Judges; A. Mair, Administrator, for the Registrar, has
USSR and terminating the anti-dumping measures                     given a judgment on 17 December 1997, in which it:
applying to imports into the Community of urea
originating in the former Czechoslovakia (OJ L 49,
4.3.1995, p. 1) Ð the Court of First Instance of the               1. dismisses the action;
European Communities (Fourth Chamber, Extended
Composition), composed of K. Lenaerts, President, P.
Lindh, J. Azizi, J. D. Cooke and M. Jaeger, Judges; B.
Pastor, Principal Administrator, for the Registrar, has given      2. orders the parties to bear their own costs.
a judgment on 17 December 1997 in which it:
                                                                   (1) OJ C 268, 14.10.1995.
1. dismisses the application;
2. orders the applicant to bear its own costs and to pay
     the costs of the Council;                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                       of 17 December 1997
3. orders the Commission to bear its own costs.                    in Case T-216/95: Ana María Moles García OrtuÂzar v.
                                                                          Commission of the European Communities (1)
(1) OJ C 189, 22.7.1995.                                           (Officials Ð Internal competition for advancement from
                                                                   category C to category B Ð Decision of the selection
                                                                   board failing candidates at the oral test Ð Scope of the
                                                                   obligation to state reasons Ð Assessment by the selection
                                                                                              board)
                                                                                           (98/C 41/37)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                  (Language of the case: French)
                     of 17 December 1997
in Case T-166/95: Mary Karagiozopoulou v. Commission
                                                                   In Case T-216/95: Ana María Moles García OrtuÂzar, an
               of the European Communities (1)
                                                                   official of the Commission of the European Communities,
(Officials Ð Internal competition for appointing category          residing in Brussels, represented by Marc-Albert Lucas, of
C staff to category B Ð Decision of the selection board            the LieÁge Bar, with an address for service in Luxembourg
listing candidates who failed the oral test Ð Principle of         at the Chambers of Evelyne Korn, 21 Rue de Nassau, v.
equality of treatment Ð Assessment by the selection                Commission of the European Communities (Agents:
                            board)                                 Gianluigi Valsesia and Ana Maria Alves Vieira) Ð
                                                                   application, first, for annulment of the decision of the
                         (98/C 41/36)                              selection board in internal competition COM/B/9/93 not
                                                                   to enter the applicant's name on the list of suitable
                                                                   candidates and, second, for annulment of the notice of
                                                                   that competition Ð the Court of First Instance (Fourth
                (Language of the case: French)                     Chamber), composed of: K. Lenaerts, President, and P.
                                                                   Lindh and J. D. Cooke, Judges; A. Mair, Administrator,
                                                                   for the Registrar, has given a judgment on 17 December
                                                                   1997, in which it:
In Case T-166/95: Mary Karagiozopoulou, an official of
the Commission of the European Communities, residing in
Brussels, represented by Ariane Tornel and Thierry
Demaseure, and, in the oral procedure, by Jean-NoeÈl               1. dismisses the action;
Louis, of the Brussels Bar, with an address for service in
Luxembourg at the offices of Fiduciaire Myson SARL, 30
Rue de Cessange, v. Commission of the European                     2. orders the parties to bear their own costs.
Communities (Agent: Gianluigi Valsesia) Ð application
for annulment of the decision of the selection board in
internal competition COM/B/9/93 awarding the applicant             (1) OJ C 16, 20.1.1996.
a lower mark for the oral test than the minimum required
and excluding her from the list of successful candidates Ð
the Court of First Instance (Fourth Chamber), composed