CELEX: C1998/113/33
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 February 1998 in Case T-169/96: Jean-Pierre Pierard v. Commission of the European Communities (Representation of officials and servants of the Commission on administrative bodies and on organs set up under the Staff Regulations - Staff assigned to posts outside the European Union - No need to adjudicate)

11.4.98               EN                 Official Journal of the European Communities                                 C 113/13
3. orders the applicants to bear all the costs.                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                         of 19 February 1998
(1) OJ C 386, 31.12.1994 and OJ C 137, 3.6.1995.                    in Case T-142/96: Anne-Marie Toller v. Commission of
                                                                                   the European Communities (1)
                                                                    (Officials Ð Opinion of the Invalidity Committee Ð
                                                                    Incompetence Ð Decision ordering removal from post Ð
                                                                    Application for re-examination Ð Material new factor Ð
                                                                                     Time-bar Ð Admissibility)
  JUDGMENT OF THE COURT OF FIRST INSTANCE                                                   (98/C 113/32)
                     of 19 February 1998
                                                                                   (Language of the case: French)
in Case T-42/96: Eyckeler & Malt AG v. Commission of
                the European Communities (1)
                                                                    In Case T-142/96: Anne-Marie Toller, a former official of
(Action for annulment Ð Importation of high-quality beef            the Commission of the European Communities, residing in
(Hilton beef') Ð Regulation (EEC) No 1430/79 Ð                     Brussels, represented by Benoît Lombart, Eric Boigelot and
Article 13 Ð Commission decision refusing remission of              Daniel Crucq, of the Brussels Bar, with an address for
import duties Ð Rights of the defence Ð Manifest error              service in Luxembourg at the Chambers of Louis Schiltz, 2
                        of assessment)                              rue du Fort Rheinsheim, v. Commission of the European
                                                                    Communities (Agents: Julian Currall and Christine
                         (98/C 113/31)                              Berardis-Kayser) Ð application for annulment of the
                                                                    Commission's decision refusing to re-examine the decision
                                                                    of 1 July 1993 removing the applicant from her post for
               (Language of the case: German)                       incompetence Ð the Court of First Instance (Fourth
                                                                    Chamber), composed of: P. Lindh, President, and K.
                                                                    Lenaerts and J. D. Cooke, Judges; A. Mair, Administrator,
In Case T-42/96: Eyckeler & Malt AG, established in                 for the Registrar, has given a judgment on 19 February
                                                                    1998, in which it:
Hilden (Germany), represented by Dietrich Ehle and
Volker Schiller, Rechtsanwälte, Cologne, with an address
for service in Luxembourg at the Chambers of Marc                   1. dismisses the application as inadmissible,
Lucius, 6 rue Michel Welter, supported by United
Kingdom of Great Britain and Northern Ireland (Agents:
initially Stephanie Ridley, subsequently John Collins and           2. orders the parties to bear their own costs.
David Anderson) against Commission of the European
Communities (Agent: Götz zur Hausen) Ð application for              (1) OJ C 318, 26.10.1996.
annulment of the Commission Decision of 20 December
1995 (K(95) 3391 final) addressed to the Federal Republic
of Germany and concerning an application for remission
of import duties Ð the Court of First Instance (First
Chamber), composed of: A. Saggio, President, B.
Vesterdorf and R. M. Moura Ramos, Judges; J. Palacio
GonzaÂlez, Administrator, for the Registrar, has given a              JUDGMENT OF THE COURT OF FIRST INSTANCE
judgment on 19 February 1998, in which it:                                               of 19 February 1998
                                                                    in Case T-169/96: Jean-Pierre Pierard v. Commission of
                                                                                   the European Communities (1)
1. annuls the Commission's Decision of 20 December
     1995 addressed to the Federal Republic of Germany              (Representation of officials and servants of the
     and concerning an application for remission of import          Commission on administrative bodies and on organs set
     duties,                                                        up under the Staff Regulations Ð Staff assigned to posts
                                                                       outside the European Union Ð No need to adjudicate)
                                                                                            (98/C 113/33)
2. orders the Commission to pay the costs,
                                                                                   (Language of the case: French)
3. orders the United Kingdom of Great Britain and
     Northern Ireland to bear its own costs.                        In Case T-169/96: Jean-Pierre Pierard, an official of the
                                                                    Commission of the European Communities, represented
                                                                    by Nicolas LhoeÈst, of the Brussels Bar, with an address for
(1) OJ C 180, 22.6.1996.                                            service in Luxembourg at the office of Fiduciaire Myson
                                                                    SARL, 30 rue de Cessange, v. Commission of the
                                                                    European Communities (Agents: Gianluigi Valsesia and
                                                                    Christine Berardis-Kayser) Ð application for annulment of
 ---pagebreak--- C 113/14              EN                 Official Journal of the European Communities                                  11.4.98
the decision of the Central Staff Committee of the                  2. orders the parties to bear their own costs.
Commission rejecting the proposals of Mr Chambellant
concerning appointments to organs set up under the Staff            (1) OJ C 74, 8.3.1997.
Regulations and to administrative bodies, and, in so far as
may be necessary, annulment of the decision of the
Commission expressly rejecting the applicant's complaint
Ð the Court of First Instance (Fourth Chamber),
composed of: P. Lindh, President, and K. Lenaerts and
J. D. Cooke, Judges; A. Mair, Administrator, for the
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
Registrar, has given a judgment on 19 February 1998, in
which it:                                                                                of 19 February 1998
                                                                    in Case T-196/97: Donato Continolo v. Commission of
                                                                                    the European Communities (1)
1. declares that there is no need to adjudicate on the
     present case,                                                  (Officials Ð Thermal cure Ð Article 59 of the Staff
                                                                             Regulations Ð Sick leave Ð Special leave)
                                                                                            (98/C 113/35)
2. orders the Commission to bear its own costs and to
     pay half of the applicant's costs, and the applicant to
     bear the other half of his own costs.                                          (Language of the case: French)
                                                                    In Case T-196/97: Donato Continolo, an official of the
(1) OJ C 388, 21.12.1996.
                                                                    Commission of the European Communities, represented
                                                                    by Jean-NoeÈl Louis, Thierry Demaseure, Ariane Tornel
                                                                    and FrancËoise Parmentier, 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 Communities (Agents:
                                                                    Christine Berardis-Kayser and Florence Duvieusart-
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                    Clotuche) Ð application for annulment of the decision of
                     of 19 February 1998                            the Commission of 24 June 1996 not to grant the
                                                                    applicant additional leave for the purposes of undergoing
in Case T-3/97: Anna Maria Campogrande v. Commission
                                                                    a thermal cure, as confirmed by the decision of 30 January
              of the European Communities (1)
                                                                    1997 rejecting the applicant's complaint Ð the Court of
(Officials Ð Vacancy notice Ð Level of the post to be               First Instance (Fourth Chamber), composed of: P. Lindh,
filled Ð Appointment to a grade A 4/A 5 post of head of             President, and K. Lenaerts and J. D. Cooke, Judges; A.
unit Ð Illegality of the decision of the Commission of              Mair, Administrator, for the Registrar, has given a
      19 July 1988 Ð Rejection of application for post)             judgment on 19 February 1998, in which it:
                        (98/C 113/34)
                                                                    1. dismisses the application,
               (Language of the case: French)                       2. orders the parties to bear their own costs.
                                                                    (1) OJ C 7, 10.1.1998.
In Case T-3/97: Anna Maria Campogrande, an official
of the Commission of the European Communities,
represented by Marc-Albert Lucas, of the LieÁge Bar, with
an address for service in Luxembourg at the Chambers of
Evelyne Korn, 21 avenue de Nassau, v. Commission of the
European Communities (Agents: Gianluigi Valsesia and
Denis Waelbroeck) Ð application for annulment of the                  JUDGMENT OF THE COURT OF FIRST INSTANCE
decision of the Commission appointing Mr Cesare De                                         of 4 March 1998
Montis to the post of Head of Unit 2 (Andean Pact) of
                                                                    in Case T-146/96: Maria da GracËa De Abreu v. Court of
Directorate A (Latin America) of Directorate-General IB
                                                                              Justice of the European Communities (1)
(External relations: Southern Mediterranean, Middle and
Near East, Latin America, South and South-East Asia and             (Probationary officials Ð Appointment of a former
North-South Cooperation) and of the Commission's                    member of the temporary staff Ð Maintenance of
decision rejecting the applicant's application for that post        seniority in step Ð Principle of equality of treatment Ð
Ð the Court of First Instance (Fourth Chamber),                                         Objection of illegality)
composed of: P. Lindh, President, and K. Lenaerts and                                       (98/C 113/36)
J. D. Cooke, Judges; A. Mair, Administrator, for the
Registrar, has given a judgment on 19 February 1998, in
which it:                                                                           (Language of the case: French)
                                                                    In Case T-146/96: Maria da GracËa De Abreu, an official
1. dismisses the action,                                            of the Court of Justice of the European Communities,