Judgment of the Court of First Instance of 18 January 2001 in Case T-65/00: Angeliki Ioannou v Council of the European Union (Officials — Refusal of recruitment — Physical unfitness — Opinion of the medical board — Judicial review — Comprehensible link between the medical findings and the conclusion of unfitness)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, action for annulment (EU), appointment of staff, traineeship

5.5.2001

EN

Official Journal of the European Communities

C 134/21

1. Dismissed the application;

ORDER OF THE COURT OF FIRST INSTANCE

2. Ordered the applicant to pay the costs.

of 17 January 2001

(1) OJ C 79 of 18.3.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 January 2001

in Case T-65/00: Angeliki Ioannou v Council of the
European Union (1)

(Officials — Refusal of recruitment — Physical unfitness
— Opinion of the medical board — Judicial review —
Comprehensible link between the medical findings and the
conclusion of unfitness)

(2001/C 134/45)

(Language of the case: French)

In Case T-65/00: Angeliki Ioannou, a former employee of the
Economic Union between Belgium,
the Netherlands and
Luxembourg (Benelux) assigned to the Schengen Secretariat,
residing in Brussels, represented by J. van Rossum, of the
Brussels Bar, with an address for service in Luxembourg at the
offices of Société de Gestion Fiduciaire, 13 Avenue du Bois, v
Council of the European Union (Agents: F. Anton and M. Bauer)
— application for annulment of the Council’s decision of
21 May 1999 refusing to appoint the applicant a probationary
official upon the integration of the Schengen Secretariat into
the General Secretariat of the Council on the ground of
physical unfitness to perform the duties envisaged — the Court
of First Instance (Third Chamber), composed of: J. Azizi,
President, and K. Lenaerts and M. Jaeger, Judges; J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 18 January 2001, in which it:

1. Annuls the decision of the Council of 21 May 1999 refusing
the applicant a probationary official upon the
to appoint
integration of the Schengen Secretariat into the Secretariat of
the Council on the ground of physical unfitness to perform the
duties envisaged;

2. Orders the Council to pay the costs.

(1) OJ C 135 of 13.5.2000.

in Case T-124/99: Autosalone Ispra dei Fretelli Rossi Snc
v European Atomic Energy Authority, represented by the
Commission of the European Communities (1)

(Action for compensation — Non-contractual liability —
Flood — Obstruction of a drain — Time-limit — No effect
on running of time)

(2001/C 134/46)

(Language of the case: Italian)

In Case T-124/99: Autosalone Ispra dei Fratelli Rossi Snc,
established in Ispra (Italy), represented by F. Venuti, of the
Busto Arsizio Bar, with an address for service in Luxembourg
at the Chambers of A. Kronshagen, 22 Rue Marie-Adelaïde,
against European Atomic Energy Community, represented
by the Commission of the European Communities (Agents:
H. Speyart and P. Stancanelli) — application for a declaration
that the European Atomic Energy Community is liable for the
harm sustained by the applicant following a flood in Ispra
during the night of 1-2 June 1992 and, accordingly, for an
order that that Community is to make good that damage —
the Court of First Instance (Second Chamber), composed of
A.W.H. Meij, President, and A. Potocki and J. Pirrung, Judges;
H. Jung, Registrar, has made an order on 17 January 2001, the
operative part of which is as follows:

1.

2.

The application is dismissed as manifestly inadmissible;

The applicant is ordered to bear its own costs and to pay those
incurred by the Commission.

(1) OJ C 226, 7.8.1999, p. 39.

ORDER OF THE COURT OF FIRST INSTANCE

of 9 January 2001

in Case T-149/00: Innova, Centro Euromediterraneo per
lo Sviluppo Sostenibile v Commission of the European
Communities (1)

(Action for annulment — Action concerning what is in fact
a dispute of a contractual nature — Lack of jurisdiction of
the Court of First Instance)

(2001/C 134/47)

(Language of the case: French)

In Case T-149/00: Innova, Centro Euromediterraneo per lo
Sviluppo Sostenibile, established at Calatafimi (Italy), represent-