CELEX: C1999/020/56
Language: en
Date: 1999-01-23 00:00:00
Title: Action brought on 19 November 1998 by Dorothy Bell and Others against the Commission of the European Communities and the Council of the European Union (Case T-184/98)

23.1.1999             EN                 Official Journal of the European Communities                                     C 20/31
    assessing whether the aid measures referred in the              Ð order the Commission and Council to pay the
    complaint were compatible with the common market.                    applicants:
    It therefore follows that the Commission was required
    to initiate a procedure under Article 93(2) and that the
    decision not to do it was unlawful.                                  (a) the individual sums set out in the schedule
                                                                              attached to the application at Annex 7, modified
                                                                              to the date of judgment; and, in the event that no
                                                                              order is made in respect of the applicants'
2. The contested decision of the Commission infringes                         liability for UK taxation on such sums;
    Article 190 of the EC Treaty in so far as it does not
    provide the applicant with an adequate explanation of
    the reasons which led the Commission to alter its                    (b) such further sum as may represent:
    original position.
                                                                              (i)   the sum payable by the applicants in respect
                                                                                    of UK taxation, the quantification of such
                                                                                    sums being adjourned pending negotiation
3. The Commission has infringed the principle of the
                                                                                    between the parties and the UK tax
    protection of legitimate expectations.
                                                                                    authorities; alternatively
                                                                              (ii) the actual liabilities for which the applicants
4. The Commission has infringed the principle of sound                              are liable to the UK tax authorities, the
    administration inasmuch as, in the present case, it has                         Council and Commission being liable to
    not dealt diligently with the applicant's complaint.                            indemnify the applicants in respect of any
                                                                                    such contingent liability; and
                                                                    Ð order the Council and Commission to bear the costs of
                                                                         these proceedings.
Action brought on 19 November 1998 by Dorothy Bell
and Others against the Commission of the European                   Pleas in law and main arguments adduced in support:
  Communities and the Council of the European Union
                       (Case T-184/98)
                                                                    The applicants in the present case are all UKAEA (United
                        (1999/C 20/56)                              Kingdom Atomic Energy Authority) members of the JET
                                                                    Team Staff and they seek damages against the Commission
                                                                    and Council for failure to adopt measures to implement
                                                                    the judgment of the Court of First Instance in Joined
               (Language of the case: English)                      Cases T-177/94 Altmann and Others and T-377/94 Casson
                                                                    and Others, delivered on 12 December 1996 (1), despite
                                                                    being expressly requested to do so.
An action against the Commission of the European
Communities and the Council of the European Union was
brought before the Court of First Instance of the European          Their submissions are in substance the same as those in
Communities on 19 November 1998 by Dorothy Bell and                 Case T-30/98 Altmann and Others (2), save as regards the
Others, represented by Mr Kenneth Parker QC and Mr                  dates from which the applicants maintain that their claim
Rhodri Thompson, Monckton Chambers, 4 Raymond                       for damages commences. Although there are technical
Buildings, Gray's Inn, London WC1R 5BP, United                      differences in the basis for their claims, in that the
Kingdom.                                                            judgment did not annul any decision relating to the
                                                                    applicants in the present case, the applicants maintain that
                                                                    the substance of their claim is identical to that of the
                                                                    claim of the applicants in Case T-30/98 and that the
The applicants claim that the Court should:                         Commission and Council were bound as a matter of
                                                                    Community law to remedy the legal wrong suffered by all
                                                                    the UKAEA members of the JET Team Staff and identified
                                                                    in the judgment or to pay compensation for their failure
Ð declare that the rejection of the applicants' complaint           to do so.
    whereby the Commission and Council failed to take
    any specific measures vis-aÁ-vis the applicants to
    implement the judgment of the Court in Joined Cases             (1) [1996] ECR II-2041.
    T-177/94 and T-377/94 Altmann and Others v.                     (2) OJ C 184, 13.6.1998, p. 11.
    Commission of 12 December 1996 is unlawful and a
    service-related fault for which the Commission and
    Council are liable;