CELEX: C1997/040/01
Language: en
Date: 1997-02-08 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 12 November 1996 in Case C-294/95 P Girish Ojha v. Commission of the European Communities (Appeal - Official - Posting outside the Community - Transfer in the interests of the service - Action for annulment - Compensation for non-material damage)

8 . 2 . 97           I EN                  Official Journal of the European Communities                                    No C 40/ 1
                                                                   I
                                                            (Information)
                                              COURT OF JUSTICE
                                                         COURT OF JUSTICE
                JUDGMENT OF THE COURT                                 2 . For the rest, the appeal is dismissed.
                         (First Chamber)                              3 . The action, in so far as it is based on an infringement
                     of 12 November 1996                                   of Article 26 of the Staff Regulations, is dismissed.
in Case C-294/95 P Girish Ojha v. Commission of the                   4 . The costs are to be borne as to two thirds by Mr Ojha
                   European Communities H                                  and as to one third by the Commission.
(Appeal — Official — Posting outside the Community —                  (') OJ No C 286 , 28 . 10 . 1995 .
Transfer in the interests of the service — Action for
   annulment — Compensation for non-material damage)
                           ( 97/C 40/01 )
                                                                                     JUDGMENT OF THE COURT
                 (Language of the case: French)
                                                                                          of 19 November 1996
                                                                      in Case C-42/95 ( reference for a preliminary ruling from
  (Provisional translation; the definitive translation will be           the Bundesgerichtshof): Siemens AG v. Henry Nold (')
           published in the European Court Reports)                   (Company law — Increase in capital — Consideration in
                                                                      kind — Shareholders ' right of pre-emption — Withdrawal)
In Case C-294/95 P: Girish Ojha, an official of the                                               ( 97/C 40/02 )
European Communities, represented by E. H. Pijnacker                                  (Language of the case: German)
Hordijk, of the Amsterdam Bar, with an address for
service in Luxembourg at the Chambers of L. Frieden,                    (Provisional translation; the definitive translation will be
62 Avenue Guillaume, the other party to the proceedings                         published in the European Court Reports)
being: Commission of the European Communities (Agent:
A. M. Alves Vieira , assisted by D. Waelbroeck, of the                In case C-42/95 : reference to the Court under Article 177
Brussels Bar ) — appeal against the judgment of the Court             of the EC Treaty from the Bundesgerichtshof ( Federal
of First Instance ( First Chamber) of 6 July 1995 in Case T­          Court of Justice ) for a preliminary ruling in the
36/93 Ojha v. Commission ( 1995 ) ECR 11-497, seeking to              proceedings pending before that court between Siemens
have that judgment set aside — the Court ( First                      AG and Henry Nold — on the interpretation of the
Chamber ), composed of: D. A. O. Edward, acting as                    Second Council Directive ( 77/91 /EEC ) of 13 December
President of the Chamber, P. Jann and M. Wathelet                     1976 on coordination of safeguards which, for the
( Rapporteur), Judges; P. Leger, Advocate-General; L.                 protection of the interests of members and others, are
Hewlett, Administrator, for the Registrar, has given a                required by Member States of companies within the
judgment on 12 November 1996, in which it has ruled:                  meaning of the second paragraph of Article 58 of the
                                                                      Treaty, in respect of the formation of public limited
                                                                      liability companies and the maintenance and alteration of
1 . The judgment of the Court of First Instance of 6 July             their capital, with a view to making such safeguards
      1995 in Case T-36/93 Ojha v. Commission is set aside            equivalent ( OJ No L 26 , 30 . 1 . 1977, p. 1 ), in particular
     in so far as it holds that Article 26 of the Staff               Article 29 ( 1 ) and ( 4 ) thereof — the Court, composed of:
     Regulations of Officials of the European Communities             G. C. Rodriguez Iglesias, President, G. F. Mancini , J. C.
     was not applicable and that no infringement of the               Moitinho de Almeida and J. L. Murray ( Presidents of
     second paragraph of Article 26 of the Staff                      Chambers ), P. J. G. Kapteyn ( Rapporteur), C. Gulmann,
     Regulations could be found.                                      D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P. Jann and