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 (Action for annulment — Action concerning what is in fact a dispute of a contractual nature — Lack of jurisdiction of the Court of First Instance)
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: EU programme, European Commission, Italy, Mediterranean region (EU), action for annulment (EU), economic support

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-

C 134/22

EN

Official Journal of the European Communities

5.5.2001

ed by D. Fosselard, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of Messrs Arendt &
Medernach, 8-10 Rue Mathias Hardt, v Commission of the
European Communities (Agents: M.-J. Jonczy and E. Paasivirta)
– application for annulment of the Commission’s decision of
23 March 2000 terminating the contract concluded with the
applicant relating to the Dionysos project — the Court of
First Instance (Fourth Chamber), composed of: P. Mengozzi,
President, and V. Tiili and R.M. Moura Ramos, Judges; H. Jung,
Registrar, made an order on 9 January 2001, the operative
part of which is as follows:

1.

2.

The application is dismissed as inadmissible.

The applicant is to pay the costs, including those relating to the
proceedings for interim measures.

(1) OJ C 233 of 12.8.2000.

ORDER OF THE COURT OF FIRST INSTANCE

of 10 January 2001

in Case T-153/00: Spain Pharma S.A. v Commission of the
European Communities (1)

(Action for a declaration of failure to act — Case not
proceeding to judgment)

(2001/C 134/48)

(Language of the case: Spanish)

In Case T-153/00: Spain Pharma S.A., established in Madrid,
represented by R. Gutiérrez Sa´nchez, of the Madrid Bar, with
an address for service in Luxembourg at the Chambers of
Messrs Molitor, Feltgen & Harpes, 55 Boulevard de la Pétrusse,
v Commission of the European Communities (Agent: E. Gip-
pini Fournier) — application for a declaration that
the
Commission has improperly failed, in breach of the Treaty, to
take a decision on a complaint concerning alleged infringe-
ments of Articles 81 and 82 EC — the Court of First Instance
(Second Chamber), composed of: A.W.H. Meij, President, and
A. Potocki and J. Pirrung, Judges; H. Jung, Registrar, made an
order on 10 January 2001, the operative part of which is as
follows:

1.

2.

There is no need to adjudicate on the present action.

The parties are to bear their own costs.

(1) OJ C 247 of 26.8.2000.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 15 January 2001

in Case T-236/00 R: Gabriele Stauner and Others
v. European Parliament and Commission of the European
Communities

(Interim relief proceedings — Framework agreement on
Relations between the European Parliament and the Com-
mission — Article 197 CE — Admissibility)

(2001/C 134/49)

(Language of the case: German)

In Case T-236/00 R: Gabriele Stauner, residing in Wolfrats-
hausen (Germany), Freddy Blak, residing in Næstved (Den-
Jens-Peter Bonde, residing in Bagsværd (Denmark),
mark),
Theodorus Bouwman, residing in Eindhoven (Netherlands),
Kathalijne Maria Buitenweg, residing in Amsterdam (Nether-
lands), Mogens Camre, residing in Copenhagen, Rijk van Dam,
residing in Rotterdam (Netherlands), Michl Ebner, residing
in Bolzano (Italy), Christopher Heaton-Harris, residing in
Kettering, Northamptonshire (United Kingdom), Lousewies
van der Laan, residing in Brussels, Joost Lagendijk, residing in
Rotterdam, Nelly Maes, residing in Sinaai (Belgium), Franz-
Xaver Mayer, residing in Landau-sur-l’Isar (Germany), Franzis-
ka Emilia Müller, residing in Bruck (Upper Palatinate) (Germ-
any), Alexander Radwan, residing in Rottach-Egern (Germany),
Alexander de Roo, residing in Amsterdam, Heide Rühle,
residing in Stuttgart (Germany), Ursula Schleicher, residing in
Munich (Germany), Inger Schöring, residing in Gävle (Sweden),
Esko Olavi Seppänen, residing in Helsinki, Bart Staes, residing
in Antwerp (Belgium), Claude Turmes, residing in Esch-sur-
Alzette (Luxembourg), Members of the European Parliament,
represented by J. Sedemund et T. Lübbig, Rechtsanwälte,
Berlin, with an address for service in Luxembourg at the
Chambers of M. di Stefano, 49 Avenue de la Gare, against
European Parliament (Agents: C. Pennera et M. Berger) and
Commission of the European Communities (Agents: U. Wölker
et X. Lewis) — application for suspension of application, first,
of paragraphs 17 and 19 of the Framework Agreement of
5 July 2000 on Relations between the European Parliament
and the Commission and, second, Annex 3 to that Framework
Agreement, the President of the Court of First Instance has
made an order on 15 January 2001, the operative part of
which is as follows:

1.

2.

The application for interim relief is dismissed;

The decision as to costs is reserved.