Judgment of the Court of First Instance of 2 May 2001 in Joined Cases T-167/99 and T-174/99: Carla Giulietti and Others v Commission of the European Communities (Officials — Competition — Action for annulment — Pre-selection procedure — Conduct of the tests — Principle of equal treatment — Obligation to provide reasons — Principle of the protection of legitimate expectations — Principle of sound administration — Consequences for the subsequent conduct of the competition)
Date: 2001-07-28
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), administrator, competition (EU), equal treatment

C 212/22

EN

Official Journal of the European Communities

28.7.2001

COURT OF FIRST INSTANCE

Extension of the composition of the Chambers for the
judicial year 2000/2001

(2001/C 212/39)

At its Plenary Conference held on 3 July 2001 the Court of
First Instance took formal note of the fact that, owing to the
judicial vacation, the oath-taking ceremony before the Court
of Justice for the new member of the Court of First Instance
could not take place until after the judicial vacation and that
consequently,
in accordance with the third paragraph of
Article 5 of the EC Statute of the Court of Justice, the third
paragraph of Article 5 of the EAEC Statute of the Court of
Justice and the third paragraph of Article 5 of the ECSC Statute
of the Court of Justice, the decision of 4 July 2000 (OJ C 259
of 9 September 2000) on the designation of the Presidents of
Chambers, the composition of the Chambers and the assign-
ment of cases to them would continue to apply and that the
President of the Court, Mr Vesterdorf, would continue to
exercise the presidency of the Court of First Instance.

the ECSC Treaty (Case IV/36.069 — Wirtschaftsvereinigung
Stahl) (OJ 1998 L 1, p. 10) — the Court of First Instance (Third
Chamber), composed of J. Azizi, President, K. Lenaerts and
M. Jaeger, Judges; G. Herzig, Administrator, for the Registrar,
has given a judgment on 5 April 2001, in which it:

1. Annuls Commission Decision 98/4/ECSC of 26 November
1997 relating to a proceeding pursuant to Article 65 of the
ECSC Treaty (Case IV/36.069 — Wirtschaftsvereinigung
Stahl);

2. Orders the Commission to pay both its own costs and those of

the applicants.

(1) OJ C 94 of 28.3.98.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 April 2001

in Case T-16/98 Wirstschaftsvereinigung Stahl and Others
v Commission of the European Communities (1)

(Competition — ECSC — Information exchange agreement
— Notification — Commission decision departing from the
content of the Agreement — Statement of reasons)

(2001/C 212/40)

(Language of the case: German)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 May 2001

in Joined Cases T-167/99 and T-174/99: Carla Giulietti and
Others v Commission of the European Communities (1)

(Officials — Competition — Action for annulment — Pre-
selection procedure — Conduct of the tests — Principle of
equal treatment — Obligation to provide reasons — Prin-
ciple of the protection of legitimate expectations — Principle
of sound administration — Consequences for the subsequent
conduct of the competition)

(2001/C 212/41)

(Language of the case: French)

In Case T-16/98 Wirstschaftsvereinigung Stahl, established
in Düsseldorf
(Germany), AG der Dillinger Hüttenwerke,
established in Dillingen (Germany), EKO Stahl GmbH, estab-
lished in Eisenhüttenstadt (Germany), Krupp Thyssen Nirosta
GmbH, established in Bochum (Germany), Thyssen Krupp
Stahl GmbH, established in Duisburg (Germany), Salzgitter
AG (formerly Preussag Stahl AG), established in Salzgitter
(Germany), Stahlwerke Bremen GmbH, established in Bremen
(Germany), Thyssen Stahl AG, established in Duisburg, rep-
resented by J. Sedemund, lawyer, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: K. Wiedner, and H.-J. Freund) — application for
annulment of Commission Decision 98/4/ECSC of 26 Novem-
ber 1997 relating to a proceeding pursuant to Article 65 of

In Joined Cases T-167/99 and T-174/99: Carla Giulietti, Ana
Caprile, residing in Brussels, Fabrizio Dell’Olio, residing in
Bari,
Italy, Konrad Fuhrmann, Olivier Radelet, residing in
Brussels, represented by G. Vandersanden and L. Levi, avocats,
with an address for service in Luxembourg, against Com-
mission of the European Communities (Agents: G. Valsesia,
J. Currall and C. Berardis-Kayser) — application for annulment,
first, of the decision taken by the selection board in compe-
tition COM/A/10/98 excluding the applicants from the tests
subsequent to the pre-selection tests and, second, of all of the
steps taken and acts done subsequently in the procedure
relating that competition — the Court of First Instance (Second
Chamber), composed of A.W.H. Meij, President, and A. Potocki
and J. Pirrung,
for the
Registrar, gave a judgment on 2 May 2001, in which it:

Judges; G. Herzig, Administrator,

28.7.2001

EN

Official Journal of the European Communities

C 212/23

1. Annuls the decision of the selection board in competition
COM/A/10/98 in so far as it excludes Ms Caprile and
in competition
subsequent
Mr Radelet
COM/A/10/98. Dismisses the claims of Ms Caprile and
Mr Radelet that all of the acts subsequent to that decision
in connection with competition COM/A/10/98 should be
annulled;

from the

tests

1. Annuls the decision of the Parliament not to promote the
applicant to Grade A 4 during the 1998 promotion procedure;

2. Dismisses the application for compensation;

3. Orders the Parliament to pay the costs.

2. Dismisses the actions brought by Ms Giulietti, Mr Dell’Olio

(1) OJ C 299 of 16.10.99.

and Mr Fuhrmann;

3.

4.

In Case T-174/99, orders the Commission to pay half of the
applicants’ costs and to bear the entirety of its own costs;

In Case T-167/99, orders each party to bear its own costs,
including those relating to the interlocutory proceedings.

(1) OJ C 281 of 2.10.99.

of 5 April 2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

in Case T-82/00 BIC SA and Others v Council of the
European Union (1)

(Anti-dumping — Pocket lighters originating in Japan —
Regulation repealing anti-dumping duties — Obligation to
state reasons — Action for annulment)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2001/C 212/43)

of 8 May 2001

(Language of the case: Italian)

in Case T-182/99 Georges Caravelis v European Parlia-
ment (1)

(Officials — Refusal of promotion — Consideration of
comparative merits — Action for annulment and compen-
sation)

(2001/C 212/42)

(Language of the case: Greek)

In Case T-182/99 Georges Caravelis, an official of the European
Parliament, residing in Brussels (Belgium), represented by
C. Tagaras, avocat, against European Parliament
(Agents:
Y. Pantalis and N. Korogiannakis) — application for annulment
of the Parliament’s decision not to promote the applicant to
Grade A 4 during the 1998 promotion procedure and also for
compensation for the non-material damage suffered by the
applicant — the Court of First Instance (Fifth Chamber),
composed of P. Lindh, President, R. Garcı´a-Valdecasas and
J.D. Cooke, Judges; G. Herzig, Administrator, for the Registrar,
has given a judgment on 8 May 2001, in which it:

In Case T-82/00 BIC SA, established in Clichy (France),
Flamagas SA, established in Barcelona (Spain), Swedish Match
represented by
SA, established in Nyon (Switzerland),
A. Vianello, avocat, with an address for service in Luxembourg,
against Council of the European Union (Agents: S. Marquardt,
F.P. Ruggeri Laderchi and G.M. Berrisch) — application for
annulment of Council Regulation (EC) No 174/2000 of
24 January 2000 repealing Council Regulation (EEC)
No 3433/91 in so far as it imposes a definitive anti-dumping
duty on imports of gas-fuelled, non-refillable pocket flint
lighters originating in Japan (OJ 2000 L 22, p. 16) — the Court
of First Instance (Second Chamber, Extended Composition),
composed of A.W.H. Meij, President, K. Lenaerts, A. Potocki,
M. Jaeger and J. Pirrung, Judges; J. Palacio Gonza´lez, Adminis-
trator, for the Registrar, has given a judgment on 5 April 2001,
in which it:

1. Dismisses the application;

2. Orders the applicants to pay the costs.

(1) OJ C 176 of 24.6.00.