Judgment of the Court of First Instance of 14 June 2001 in Case T-230/99: Hans McAuley v Council of the European Union (Officials — Appointment by way of promotion — Annulment — Examination of the comparative merits — Manifest error of assessment)
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, action for annulment (EU), equal treatment, power to appoint, regulations for civil servants

15.9.2001

EN

Official Journal of the European Communities

C 259/7

4. Orders the applicant

to pay the Commission the sum of
EUR 49 844, plus interest at an annual rate of 7 % as from
31 January 1999.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 June 2001

5. Orders the applicant to bear its own costs and to pay half of

the costs incurred by the Commission.

in Case T-187/99 Agrana Zucker und Stärke AG v
Commission of the European Communities (1)

6. Orders the Commission to bear half of its own costs.

(1) OJ C 160 of 5.6.99.

(Action for annulment — State aid — Aid incompatible
with the common market — Time-limit for investigation —
Act of Accession — Declaration No 31 — Statement of
reasons)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 June 2001

in Case T-143/99 Hortiplant SAT v Commission of the
European Communities (1)

(EAGGF — Cancellation of

financial assistance —

Article 24 of Regulation (EEC) No 4253/88)

(2001/C 259/08)

(Language of the case: Spanish)

In Case T-143/99, Hortiplant SAT, established in Amposta
(Spain), represented by C. Ferna´ndez Vicién and Iglesias Roa,
lawyers, against Commission of the European Communities
(Agents: L. Visaggio and J. Guerra Ferna´ndez) — application
for the annulment of the Commission decision of 4 March
1999 to cancel the financial assistance granted to Hortiplant
SAT by Commission Decision C(92) 3125 of 3 December
1992 concerning the granting of aid from the EAGGF
Guidance Section pursuant
to Council Regulation (EEC)
No 4256/88 in the context of a project entitled ‘Initiative in
the form of a pilot project
to demonstrate a new and
highly efficient method of producing seedlings, as applied to
ornamental and woodland species’ — the Court of First
Instance (Fourth Chamber), composed of P. Mengozzi, Presi-
dent, V. Tiili and R.M. Moura Ramos, Judges; H. Jung, Registrar,
has given a judgment on 14 June 2001, in which it:

1. Dismisses the application.

2. Orders the applicant to bear its own costs and those of the
Commission, including those in the proceedings for interim
relief.

(1) OJ C 226 of 7.8.99.

(2001/C 259/09)

(Language of the case: German)

(Austria),

In Case T-187/99, Agrana Zucker und Stärke AG, established
in Vienna
represented by W. Barfuß and
H. Wollmann, lawyers, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: M. Erhart and D. Triantafyllou) — application for
annulment of Commission Decision 1999/342/EC of 30 Sep-
tember 1998 concerning aid which Austria plans to grant to
Agrana Stärke- GmbH to build and convert starch production
facilities (OJ 1999 L 131, p. 61) — the Court of First Instance
(Fifth Chamber, Extended Composition), composed of P. Lindh,
President, R. Garcı´a-Valdecasas, J.D. Cooke, M. Vilaras and
N. Forwood, Judges; G. Hertzig, Administrator, for the Regis-
trar, has given a judgment on 7 June 2001, in which it:

1. Dismisses the application;

2. Orders the applicant to bear its own costs and pay those of the

Commission.

(1) OJ C 314 of 30.10.99.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 June 2001

in Case T-230/99: Hans McAuley v Council of the Euro-
pean Union (1)

(Officials — Appointment by way of promotion — Annul-
ment — Examination of the comparative merits — Manifest
error of assessment)

(2001/C 259/10)

(Language of the case: French)

In Case T-230/99: Hans McAuley, an official of the Council
of
the European Union, residing in Wezembeek-Oppem
(Belgium), represented by J-N. Louis, G-F. Parmentier and

C 259/8

EN

Official Journal of the European Communities

15.9.2001

V. Peere, lawyers, with an address for service in Luxembourg,
against Council of the European Union (Agents: F. Anton and
M. Bauer) — application for annulment of the decisions of the
Secretary General of the Council of 15 December 1998
rejecting the applicant’s applications for the posts of Head of
the English Language Division of Language Service of the
‘Translation and Production of Documents’ Directorate of the
‘Administration — Protocol’ Directorate-General and Language
Adviser in that division and appointing B and K to those two
posts respectively — the Court of First
Instance (Fourth
Chamber), composed of P. Mengozzi, President, R.M. Moura
Ramos and J.D. Cooke, Judges; H. Jung, Registrar, gave a
judgment on 14 June 2001, in which it:

1.

2.

3.

4.

annulled the decisions of the Council of 15 December 1998
appointing K to the post of language adviser in the English
Language Division and rejecting the applicant’s application for
that post.

dismissed the application as inadmissible.

ordered the Council to bear its own costs and to pay 50 % of
those incurred by the applicant.

ordered the applicant to bear 50 % of his own costs.

(1) OJ No C 6 of 8.1.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 June 2001

in Case T-243/99 Marie-Laurence Buisson v Commission
of the European Communities (1)

(Officials — Open competition — Refusal to admit to the
written tests — Admissibility — Act adversely affecting
a candidate — Time-limit — Legitimate expectation —
Compensation)

(2001/C 259/11)

(Language of the case: English)

In Case T-243/99 Marie-Laurence Buisson, residing in Ankara
(Turkey), represented by I. Forrester QC, E. Wright, Barrister,
and F.M. Murray, Barrister, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agent: J. Currall) — application for annulment of the
decision of 13 July 1999 rejecting the applicant’s request for
reconsideration of the decision of the selection board not to
admit her to the written tests forming part of the selection
procedure in Open Competition COM/A/10/98, and for
compensation for the non-material damage incurred in that

regard — the Court of First Instance (Second Chamber),
composed of A.W.H. Meij, President, A. Potocki and J. Pirrung,
Judges; H. Jung, Registrar, has given a judgment on 20 June
2001, in which it:

1. Dismisses as inadmissible the claim for an order requiring the
Commission to adopt certain measures and the claim for other
or further relief;

2. Orders the Commission to pay to the applicant the sum of EUR

1 in compensation for the non-material damage;

3. Dismisses the remainder of the application;

4. Orders the Commission to pay, in addition to its own costs,

half of the applicant’s costs.

(1) OJ C 6 of 8.1.00.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 June 2001

in Case T-330/99 Spedition Wilhelm Rotermund GmbH v
Commission of the European Communities (1)

(Community Customs Code — Remission of import duties
— Special situation — Fraud in connection with an external
Community transit operation)

(2001/C 259/12)

(Language of the case: German)

In Case T-330/99, Spedition Wilhelm Rotermund GmbH, a
liquidation, established in Flensburg
company in judicial
lawyer, against Com-
(Germany), represented by A. Suhr,
mission of the European Communities (Agents: J.-C. Schieferer
and M. Nu´ n˜ ez-Müller) — application for annulment of the
Commission decision of 22 July 1999 (reference: REM 22/98)
which stated that the remission of import duties sought was
not justified — the Court of First Instance (Second Chamber),
composed of A.W.H. Meij, President, A. Potocki and J. Pirrung,
Judges; J. Palacio Gonza´lez, Administrator, for the Registrar,
has given a judgment on 7 June 2001, in which it:

1. Annuls the Commission decision of 22 July 1999 (reference:
REM 22/98) which found that the remission of import duties
sought was not justified;

2. Orders the Commission to bear its own costs and to pay nine
tenths of the costs incurred by the applicant, which shall bear
one tenth of its own costs.

(1) OJ C 63 of 4.3.00.