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22.1.

2000 EN Official Journal of the European Communities C 20/19

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 November 1999
of 7 December 1999
in Joined Cases T-103/98, T-104/98, T-107/98, T-113/98
and T-118/98: Svend Bech Kristensen and Others v
in Case T-92/98: Interporc Im- und Export GmbH v Council of the European Union (1)
Commission of the European Communities (1)
(Officials — Action for annulment — Transfer of pension
rights — Calculation of years of pensionable service —
(Action for annulment — Transparency — Access to docu- Request for refund of the difference)
ments — Decision 94/90/ECSC, EC, Euratom — Rejection
of a request for access to Commission documents — Scope,
first, of the exception based on protection of the public (2000/C 20/38)
interest (court proceedings) and, second, of the authorship
rule — Statement of reasons)
(Language of the case: French)

(2000/C 20/37) In Joined Cases T-103/98, T-104/98, T-107/98, T-113/98 and


T-118/98: Svend Bech Kristensen, an official of the Council of
the European Union, residing at Waterloo, Belgium, Bjarne
Hoff-Nielsen, an official of the Council of the European Union,
residing in Brussels, Peter Clausen, an official of the Council of
(Language of the case: German) the European Union, residing at La Hulpe, Belgium, and Ivar
Langer Andersen, an official of the Council of the European
Union, residing at Rungsted Kyst, Denmark, represented
In Case T-92/98: Interporc Im- und Export GmbH, established by Jean-Noël Louis, Véronique Leclercq, Ariane Tornel and
in Hamburg, Germany, represented by Georg M. Berrisch, Françoise Parmentier, of the Brussels Bar, with an address for
Rechtsanwalt, Brussels and Hamburg v Commission of the service in Luxembourg at the offices of Fiduciaire Myson SARL,
European Communities (Agent: Ulrich Wölker) — application 230 Rue de Cessange v Council of the European Union
for annulment of the decision of the Commission of 23 April (Agents: Martin Bauer and Denis Waelbroeck) — application
1998 refusing the applicant access to certain documents — for annulment of the Council decisions of 6 October 1997
the Court (First Chamber, Extended Composition), composed refusing the request for refund of that part of the applicants’
of: B. Vesterdorf, President, and C.W. Bellamy, J. Pirrung, pension rights transferred to the Community pension scheme
A.W.H. Meij and M. Vilaras, Judges; H. Jung, Registrar, has which was not taken into consideration in the calculation of
given a judgment on 7 December 1999, in which it: their years of pensionable service — the Court of First
Instance (First Chamber), composed of B. Vesterdorf, President,
J. Pirrung and M. Vilaras, Judges; H. Jung, Registrar, gave a
1. Annuls the decision of the Commission of 23 April 1998 in so judgment on 10 November 1999, the operative part of which
far as it refuses access to documents emanating from the is as follows:
Commission;
1. The decisions of the Council of 6 October 1997 refusing to
refund that part of the applicants’ pension rights transferred to
2. Dismisses the remainder of the application; the Community pension scheme which was not taken into
consideration in the calculation of their years of pensionable
service are annulled.
3. Orders the parties to bear their own costs.
2. The Council is ordered to pay the costs.

(1) OJ No C 258 of 15.8.1998.


(1) OJ C 299 of 26.9.1998 and OJ C 312 of 10.10.1998.