CELEX: C1999/265/16
Language: en
Date: 1999-09-18 00:00:00
Title: Judgment of the Court of First Instance of 22 April 1999 in Joined Cases T-148/96 and T-174/96: Ernesto Brognieri v Commission of the European Communities (Officials - Actions for annulment and damages - Whether admissible - Failure to comply with the judgment in Case T-583/93 - Article 26 of the Staff Regulations - Manifest error)

18.9.1999             EN                     Official Journal of the European Communities                                           C 265/9
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 22 April 1999
                         of 7 July 1999
                                                                        in Joined Cases T-148/96 and T-174/96: Ernesto Brognieri
                                                                               v Commission of the European Communities (1)
in Case T-106/96: Wirtschaftsvereinigung Stahl v Com-
          mission of the European Communities (1)
                                                                        (Officials — Actions for annulment and damages — Wheth-
                                                                        er admissible — Failure to comply with the judgment in Case
(ECSC — Action for annulment — Admissibility — State                    T-583/93 — Article 26 of the Staff Regulations — Manifest
aid — Individual decision authorising State aid to a steel                                             error)
undertaking — Legal basis — Article 4(c) and Article 95,
first paragraph, of the Treaty — Incompatibility with the
provisions of the Treaty — Principle of equal treatment —                                        (1999/C 265/16)
Principle of proportionality — Legitimate expectations —
Counterpart measures in exchange for public funding — No
capacity reduction required — Infringement of essential
                    procedural requirements)                                                (Language of the case: French)
                                                                        In Joined Cases T-148/96 and T-174/96: Ernesto Brognieri, an
                        (1999/C 265/15)                                 official of the Commission of the European Communities,
                                                                        residing at Barasso (Italy), represented by Eric Boigelot, of the
                                                                        Brussels Bar, with an address for service in Luxembourg at the
                                                                        Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim v
                                                                        Commission of the European Communities (Agents: Florence
                  (Language of the case: German)                        Clotuche and Alberto Dal Ferro)
                                                                        — application, in Case T-148/96, for (1) annulment of the
                                                                             Commission decision on 28 November 1995 confirming
In Case T-106/96: Wirtschaftsvereinigung Stahl, established                  the decision of 22 February 1993 withdrawing the appli-
in Düsseldorf Germany, represented by Jochim Sedemund,                       cant from shift-work in the fire service and the Commission
Rechtsanwalt, Berlin, with an address for service in Luxem-                  decision of 21 June 1996 rejecting the applicant’s com-
bourg at the Chambers of Aloyse May, 31 Grand-Rue v                          plaint, and (2) compensation and interest for the material
Commission of the European Communities (Agents: Paul                         and non-material damage suffered by the applicant; and
Nemitz and Frank Paul) supported by the Council of the
European Union (Agents: Guus -Houttuin and Stephan Mar-
quardt), application for annulment of Commission Decision               — in Case T-174/96, for (1) annulment of the Commission
96/315/ECSC of 7 February 1996 concerning aid to be granted                  decision of 30 November 1995 granting an allowance
by Ireland to the steel company Irish Steel (OJ 1996 L 121,                  contrary to the operative part of the judgment of the Court
p. 16) — the Court of First Instance (Fourth Chamber,                        of First Instance in Case T-583/93 P v Commission [1995]
Extended Composition), composed of: R.M. Moura Ramos,                        ECR-SC II-433, in so far as that decision awards shiftwork
President, and R. Garcia-Valdecasas, V.Tiili, P. Lindh and P.                allowances in respect solely of the period between 1 March
Mengozzi Judges; A. Mair, Administrator, for the Registrar, has              1993 and 31 December 1993, and of the Commission
given a judgment on 7 July 1999, in which it:                                decision of 21 June 1996, referred to above, rejecting the
                                                                             applicant’s complaint, and (2) payment of all sums due to
                                                                             the applicant by way of damages to be paid in whole, both
1. Dismisses the action.                                                     principal and default interest — the Court of First Instance
                                                                             (Fourth Chamber), composed of P. Lindh, President,
                                                                             K. Lenaerts and J.D. Cooke, Judges; H. Jung, Registrar, gave
2. Orders the applicant to pay its own costs and those of the                a judgment on 22 April 1999, the operative part of which
     defendant.                                                              is as follows:
                                                                        1. The decision of 28 November 1995 addressed to the applicant
3. Orders the Council to bear its own costs.                                 by Mr Agazzi is annulled.
                                                                        2. The decision of 30 November 1995 addressed to the applicant
(1) OJ C 269 of 14.9.1996.                                                   by Mr Chambaud is annulled in so far as it restricts payment of
                                                                             the sums to the applicant by way of shiftwork allowances to the
                                                                             period between 1 March 1993 and 31 December 1993.
                                                                        3. The Commission is ordered to pay the applicant the sum of
                                                                             LIT 24 000 000.
 ---pagebreak--- C 265/10                   EN                    Official Journal of the European Communities                                        18.9.1999
4. The Commission is required to pay that sum within a period of            2. Orders the Commission to bear its own costs and to pay those
     two months from the date on which the present judgment is                   incurred by the applicant.
     notified to it, failing which the amount payable shall be increased
     by default interest at the rate of 5 % per annum with effect from      3. Orders the French Republic to bear its own costs.
     the date of expiry of that period.
5. The Commission is ordered to pay the costs.                              (1) OJ C 199 of 28.6.1997.
(1) OJ C 354 of 23.11.1996 and OJ C 8 of 11.1.1997.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                             of 6 July 1999
                            of 22 April 1999                                in Case T-203/97: Bo Forvass v Commission of the
                                                                                                European Communities (1)
in Case T-112/97: Monsanto Company v Commission of
                   the European Communities (1)                             (Officials — Temporary staff — Grading — Article 31(2)
                                                                            of the Staff Regulations — Duty to have regard for the
                                                                            welfare and interests of officials — Erroneous notice —
(Regulation (EEC) No 2377/90 — Application to include a
                                                                                           Protection of legitimate expectations)
recombinant bovine somatotrophin (BST) in the list of
substances not subject to a maximum residue limit —
Rejection by the Commission — Action for annulment —                                                   (1999/C 265/18)
                              Admissibility)
                             (1999/C 265/17)                                                     (Language of the case: French)
                                                                            In Case T-203/97: Bo Forvass, a member of the temporary
                      (Language of the case: English)                       staff of the Commission of the European Communities,
                                                                            residing in Brussels, represented by Nicolas Lhoëst, of tht
In Case T-112/97: Monsanto Company, a company with its                      Brussels Bar, with an address for service in Luxembourg at the
seat in Saint-Louis, Missouri (USA), represented initially by               office of Fiduciaire Myson SARL, 30 Rue de Cessange, v
Clive Stanbrook QC and Robert MacLean, Solicitor, and                       Commission of the European Communities (Agent: Julian
subsequently by Mr Stanbrook and by Debra Holland, Barris-                  Currall) — application, first, for annulment of the decisions of
ter, with an address for service in Luxembourg at the Chambers              the Commission of 22 July 1996 and 19 March 1997 inas-
of Arsène Kronshagen, 22 Rue Marie-Adélaide v Commission                    much as they respectively classify the applicant in grade A 5,
of the European Communities (Agents: initially Richard Wain-                step 3, and refuse to classify the applicant in grade A 4
wright and Fernando Castillo de la Torre, subsequently                      pursuant to Article 31(2) of the Staff Regulations of officials
M. Wainwright), supported by the French Republic (Agents:                   of the European Communities, and, second, for damages —
Kareen Rispal-Bellanger, Frédéric Pascal, and Régine Loosli-                the Court of First Instance (Fifth Chamber), composed of:
Surrans, and subsequently by Ms Rispal-Bellanger, Ms Loosli-                J.D. Cooke, President, and R. Garcı́a-Valdecasas and P. Lindh,
Surrans and Christina Vasak) — application for the annulment                Judges; H. Jung, Registrar, has given a judgment on 6 July
of Commission Decision C(97) 148 final of 14 January 1997,                  1999, in which it:
rejecting the application by Monsanto Europe SA/NV for the
inclusion of Sometribove, a recombinant bovine somatotro-                   1. Dismisses the action as inadmissible inasmuch as it seeks an
phin (BST), in Annex II to Council Regulation (EEC)                              order of the Court of First Instance requiring the defendant to
No 2377/90 of 26 June 1990 laying clown a Community                              classify the applicant in a fixed grade and step.
procedurc for the establishment of maximum residue limits of
veterinary medicinal products in foodstuffs of animal origin                2. Dismisses the application for annulment.
(OJ 1990 L 224, p. 1) — the Court (Second Chamber),
composed of: A. Potocki, President, C.W. Bellamy and                        3. Dismisses the application for damages.
A.W.H. Meij, Judges; A. Mair, Administrator, for the Registrar,
has given a judgment on 22 Apri1 1999, in which it:                         4. Orders the Commission to bear its own costs and to pay three
                                                                                 quarters of the costs of the applicant.
1. Annuls Commission Decision C(97) 148 final of 14 January
     1997, rejecting the application by Monsanto Europe SA/NV for
     the inclusion of Sometribove in Annex II to Council Regulation         (1) OJ C 318 of 18.10.1997.
     (EEC) No 2377/90 of 26 June 1990 laying down a Community
     procedure for the establishment of maximum residue limits of
     veterinary medicinal products in foodstuffs of animal origin.