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4.1.

1999 EN Official Journal of the European Communities C 1/17

At the beginning of 1994, the Niedersächsische Landesent- The applicant claims that the Court should:
wicklungsgesellschaft mbH (Nileg), which is wholly
owned by the Land Niedersachsen, acquired Westerkamp
along with other pieces of land, but insisted on the Ð annul the implicit decision of the Commission
removal of the converter steel dusts. The applicant was rejecting the applicant's complaint of 6 April 1998;
therefore assigned the task under a business management
contract between it and Nileg of ensuring the appropriate
recycling or disposal of those filter dusts, for which it Ð declare that complaint admissible and well founded,
received the sum of DEM 61 640 000. and confirm that the applicant is entitled to sickness
cover, to have his pension recalculated, to the transfer
of his additional retirement pension entitlement
acquired by voluntary contributions in France and to
In the contested decision, the Commission regarded the an invalidity pension;
payment of that amount to the applicant, inter alia, as aid
incompatible with the ECSC Treaty and the common
market, which was improperly paid without prior Ð order the defendant to pay all the costs.
notification to the Commission in accordance with
Article 6 of Decision No 2496/96/ECSC. It further
required the Federal Republic of Germany to annul that The applicant further claims that the Court should:
aid and demand its repayment.

Ð award compensation for the damage suffered by him,


The applicant maintains that the Commission has the amount of which he reserves the right to quantify;
misinterpreted Article 4(c) of the ECSC Treaty, and
wrongly assumed in its decision that the payments by
Nileg of DEM 61 640 000 constituted aids. Ð order the Commission to pay the sum of FRF 50 000
in respect of irrecoverable expenses which it would be
inequitable for him to have to bear.

The Commission gave no explanation in the contested


decision as to why the amount paid on the basis of a Pleas in law and main arguments adduced in support:
bilateral contract between the applicant and Nileg
constituted aid. On the contrary, the payments were made
pursuant to a bilateral business management contract The applicant, a former official of the Commission,
containing no aid elements. Even in the course of the contests the defendant's refusal to allow his claim
implementation of the exchange contract, no facts arose concerning, in particular:
which were relevant to aids. In reality, the expenditure
incurred by the applicant in fulfilment of the exchange
contract was significantly higher than the consideration Ð the transfer to the Community scheme of the
stipulated and paid under the contract. additional pension rights acquired by way of voluntary
contributions in France in respect of the period from
1972 to 1974, when he worked abroad;

Ð the need to recalculate his pension on the basis of his


present age;
Action brought on 9 November 1998 by Jean-FrancËois
Ferrandi against the Commission of the European Ð his loss of entitlement to national social security cover;
Communities and
(Case T-183/98)

(1999/C 1/34) Ð non-payment of an invalidity pension.

He states, with regard to his situation, that he was


(Language of the case: French)
removed from his post and then subsequently reinstated
pursuant to a judgment delivered by the Court of Justice
in January 1985. Upon his falling ill following his
An action against the Commission of the European reinstatement and applying for the benefits payable under
Communities was brought before the Court of First Articles 73 and 78 of the Staff Regulations, only Article 73
Instance of the European Communities on 9 November was applied to him. In 1993 he applied for early
1998 by Jean-FrancËoise Ferrandi, residing in Ajaccio retirement; that application was ultimately granted.
(France), represented by Jean-Baptiste Giuseppi, of the Finally, the Commission re-employed him on a contractual
Ajaccio Bar, with an address for service in Luxembourg at basis for a period of five years, but its financial controller
the Chambers of J. L. Biancarelli, 18 Rue J. P. Brasseur. did not validate that contract.
C 1/18 EN Official Journal of the European Communities 4.1.1999

With regard to the pleas in law and main arguments upon Removal from the register of Case T-68/94 (1)
which he relies, the applicant merely states that: (1999/C 1/35)

Ð he started once again to draw his retirement pension


(Language of the case: German)
at the age of 54; consequently, there appear to be
justifiable reasons for recalculating that pension;
By order of 23 October 1998 the President of the Fourth
Ð he was unable to apply for the transfer of the pension Chamber (Extended Composition) of the Court of First
rights in issue until such time as he had the Instance of the European Communities ordered the
opportunity of acquiring them by voluntary removal from the register of Case T-68/94: Edoard Arends
contributions, which recently became possible in v. Commission of the European Communities.
France. He considers in that regard that it is
particularly unjust and inconsistent, in view of the (1) OJ C 103, 11.4.1994.
events which have occurred, to invoke a time-bar
against him. In addition, the meagreness of his pension
is such that, in his view, an exception should be made
in his case, that exception being justifiable on the
ground of ordinary common sense;
Removal from the register of Case T-264/94 (1)
Ð he does not enjoy the benefit of Community medical
(1999/C 1/36)
cover, even though he is no longer covered under any
national scheme.
(Language of the case: Dutch)
Lastly, the applicant states that he is not in receipt of any
invalidity pension, despite the fact that his invalidity has By order of 3 November 1998 the President of the Fourth
been recognised by the Commission. He pleads in that Chamber (Extended Composition) of the Court of First
regard infringement of Article 78 of the Staff Regulations, Instance of the European Communities ordered the
which he had asked to be applied to him, inasmuch as the removal from the register of Case T-264/94: A. G. van den
Commission refused that request on the pretext of his Akker v. Council of the European Union and Commission
future removal from his post, at a time when he was still of the European Communities.
an official.
(1) OJ C 275, 1.10.1994.