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C 299/34 EN Official Journal of the European Communities 26.9.

98

JUDGMENT OF THE COURT OF FIRST INSTANCE President, R. M. Moura Ramos and P. Mengozzi, Judges;
of 17 July 1998 Blanca Pastor, Principal Administrator, for the Registrar,
gave a judgment on 14 July 1998, in which it:
in Case T-28/97: AgneÁs Hubert v. Commission of the
European Communities (1) 1. dismisses the action;
(Officials Ð Action for annulment Ð Transfer/reposting 2. the parties shall bear their own costs.
Ð Interests of the service Ð Absence of statement of
reasons Ð Action for compensation) (1) OJ C 166, 31.5.1997.
(98/C 299/57)

(Language of the case: French)
In Case T-28/97: AgneÁs Hubert, an official of the JUDGMENT OF THE COURT OF FIRST INSTANCE
Commission of the European Communities, residing in of 16 July 1998
Brusels, represented by Marc-Albert Lucas, of the LieÁge
in Case T-81/97: Region of Tuscany v. Commission of the
Bar, with an address for service in Luxembourg at the
European Communities (1)
Chambers of Evelyne Korn, 21, rue de Nassau, v. the
Commission of the European Communities (Agents: (Integrated Mediterranean programmes Ð Community
Gianluigi Valsesia, Christine Berardis-Kayser and Denis financial assistance Ð Regulation (EEC) No 4256/88 Ð
Waelbroeck) Ð application, first, for annulment of the Regulation (EEC) No 2085/93)
Commission's decision of 27 March 1996 changing the (98/C 299/59)
applicant's posting and, second, for compensation for the
material and non-material damage allegedly resulting (Language of the case: Italian)
therefrom Ð the Court of First Instance (Fourth
Chamber), composed of: P. Lindh, President, and K. In Case T-81/97: Region of Tuscany, represented by Vito
Lenaerts and J. D. Cooke, Judges; B. Pastor, Principal Vacchi and Lucia Bora, of the Florence Bar, with an
Administrator, for the Registrar, has given a judgment on address for service in Luxembourg at the office of Paolo
17 July 1998, in which it: Benocci, 50, rue de Vianden, against the Commission of
the European Communities (Agents: Paolo Ziotti and
1. dismisses the action; Alberto Dal Ferro) Ð application for annulment of several
acts of the Commission concerning the Community
2. orders the parties to bear their own costs.
assistance allocated to project No 88.20.IT.006.0 (works
for the supply of drinking water in Tuscany) Ð the Court
(1) OJ C 131, 26.4.1997.
(Third Chamber), composed of: V. Tiili, President, C. P.
BrieÈt and A. Potocki, Judges; J. Palacio GonzaÂlez,
Administrator, for the Registrar, has given a judgment on
16 July 1998 in which it:
JUDGMENT OF THE COURT OF FIRST INSTANCE
1. annuls the decision contained in the letter of
(First Chamber) 31 January 1997;
of 14 July 1998
2. dismisses the remainder of the application as
in Case T-42/97: Giorgio Lebedef v. Commission of the inadmissible;
European Communities (1)
3. orders the Commission to pay the costs.
(Officials Ð Refusal to authorise secondment on union
duties to the person designated by a trade union Ð (1) OJ C 166, 31.5.1997.
Admissibility)
(98/C 299/58)

(Language of the case: French)
JUDGMENT OF THE COURT OF FIRST INSTANCE
In Case T-42/97: Giorgio Lebedef, an official at the of 16 July 1998
Commission of the European Communities, residing in
Senningerberg (Luxembourg), represented by Gilles in Case T-195/97: Kia Motors Nederland BV and
BouneÂou, of the Luxembourg Bar, with an address for Broeckman Motorships BV v. Commission of the
service in Luxembourg at his Chambers at 4, rue de European Communities (1)
l'Avenir, against the Commission of the European (Commission decision declaring that the repayment of
Communities (Agents: Gianluigi Valsesia and Julian import duties is not justified Ð Action for annulment Ð
Currall) Ð application for, first, the annulment of a Article 239 of the customs code Ð Duty to state reasons)
decision of the Commission of 12 May 1996 refusing to
(98/C 299/60)
grant to the applicant the secondment on union duties
requested by his trade union and the re-examination of all (Language of the case: Dutch)
secondment on trade union duties granted in the past and,
secondly, a finding that the secondment on trade union In Case T-195/97: Kia Motors Nederland BV, established
duties procedure was unlawful Ð the Court of First in Vianen (The Netherlands), and Broeckman Motorships
Instance (First Chamber), composed of: B. Vesterdorf, BV, established in Rotterdam (The Netherlands),
26.9.98 EN Official Journal of the European Communities C 299/35

represented by Annetje-Theckla Ottow, of the Amsterdam ORDER OF THE COURT OF FIRST INSTANCE
Bar, with an address for service in Luxembourg at the of 8 July 1998
Chambers of Claude Medernach, 8Ð10, rue Mathias
Hardt, against the Commission of the European in Joined Cases T-85/94 (92) and T-85/94 (122) (92):
Communities (Agents: Hendrik Van Lier, Marc van der EugeÂnio Branco Lda v. Commission of the European
Woude and Rita Wezembeek-Geuke) Ð application for Communities (1)
annulment of the Commission's decision of 8 April 1997
(Taxation of costs)
addressed to the Kingdom of the Netherlands and
concerning an application for repayment of import duties (98/C 299/62)
Ð the Court of First Instance (Third Chamber), composed
of: V. Tiili, President, C. P. BrieÈt, and A. Potocki, Judges;
(Language of the case: Portuguese)
A. Mair, Administrator, for the Registrar, has given a
judgment on 16 July 1998 in which it:
In Cases T-85/94 (92) and T-85/94 (122) (92) EugeÂnio
1. annuls the Commission's decision of 8 April 1997 Branco Lda, established in Lisbon, represented by Bolota
addressed to the Kingdom of the Netherlands and Belchior of the Vila Nova de Gaia Bar, with an address for
concerning an application for repayment of import service in Luxembourg at the Chambers of Jacques
duties; Schroeder, 6, rue Heine, against the Commission of the
European Communities (Agents: Francisco de Sousa
Fialho and Knut Simonsson) Ð application for costs to be
2. orders the Commission to pay the costs. taxed following the Court's judgments in Branco v.
Commission (T-85/94 [1995] ECR II-45) and Commission
(1) OJ C 252, 16.8.1997. v. Branco (T-85/94 (122) [1995] ECR II-2993) Ð the
Court of First Instance (Third Chamber), composed of: V.
Tiili, President, and C. P. BrieÈt and A. Potocki, Judges; H.
Jung, Registrar, has made an order on 8 July 1998 in
which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE 1. joins Cases T-85/94 (92) and T-85/94 (122) (92) for
(Fifth Chamber) the purpose of this order;
of 14 July 1998
in Case T-219/97: Anita Brems v. Council of the 2. fixes at PTE 3 500 000, plus VAT if appropriate, the
European Union (1) total amount of costs recoverable in Cases T-85/94
and T-85/94 (122).
(Officials Ð Action for annulment Ð Thermal cure Ð
Article 59 of the Staff Regulations Ð Sick leave Ð Special
(1) OJ C 120, 30.4.1994.
leave)
(98/C 299/61)

(Language of the case: French)

In Case T-219/97: Anita Brems, an official of the Council ORDER OF THE COURT OF FIRST INSTANCE
of the European Union, represented by Jean-NoeÈl Louis, of 15 July 1998
Thierry Demaseure and Ariane Tornel, of the Brussels Bar,
with an address for service in Luxembourg at Fiduciaire in Case T-155/95: LPN and GEOTA v. Commission of the
Myson SA Á RL, 30, rue de Cessange, against the Council of European Communities (1)
the European Union (Agents: TheÂreÁse Blanchet and Martin (Inadmissibility)
Bauer) Ð application for the annulment of decisions of
the Council refusing to grant to the applicant all her sick (98/C 299/63)
leave from 24 May to 8 June 1996 Ð the Court of First
Instance (Fifth Chamber), composed of J. Azizi, President,
(Language of the case: Portuguese)
R. García-Valdecasas and M. Jaeger, Judges; J. Palacio
GonzaÂlez, Administrator, for the Registrar, gave a
judgment on 14 July 1998, in which it: In Case T-155/95, LPN, Liga para ProteccËaÄo da Natureza
and GEOTA, Grupo de Estudos do Ordenamento do Ter-
1. dismisses the application; ritório e do Ambiente, both established in Lisbon,
represented by Agostinho Pereira de Miranda, Rui Amen-
doeira, Jose Cunhal Sendim and Paula Gomes Freire, of
2. orders the parties to bear their own costs. the Lisbon Bar, with chambers at Avenida António
Augusto Aguiar, 27, 2.o, Dt.o, Lisbon, against the
(1) OJ C 318, 18.10.1997. Commission of the European Communities (Agents:
António Caeiro and Günter Wilms), supported by the
Portuguese Republic (Agents: Luís Fernandes and Angelo