Order of the Court of First Instance of 2 May 2001 in Case T-208/00: Jeremías Augusto Barleycorn Mongolue and Marc Boixader Rivas against the Council of the European Union and the European Parliament (Officials — Application for annulment — Conditions of admission to a competition — Spanish technical engineers — Type of university qualification required — Inadmissibility)
Date: 2001-09-15
Institutions: Court of First Instance
Subjects: Council of the European Union, European Parliament, Spain, action for annulment (EU), competition (EU), engineer

15.9.2001

EN

Official Journal of the European Communities

C 259/11

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 May 2001

in Case T-348/00: Artin Barth v Commission of the
European Communities (1)

(Officials — Household allowance — Recovery of sums
overpaid)

(2001/C 259/17)

(Language of the case: Dutch)

In Case T-348/00: Artin Barth, former official of the Com-
mission of the European Communities, residing in Lenzkirch
(Germany), represented by E.J.H. Moons and J. Vercammen,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Currall
and W. Wils) — application for annulment of the decision of
the Commission of 17 August 2000 withdrawing, with effect
from 1 October 1998, the household allowance of which the
applicant had been in receipt until then and recovery of sums
overpaid by virtue of that allowance during the period running
from 1 October 1998 to 28 February 2000 — the Court of
First Instance (Single Judge: M. Vilaras); Blanca Pastor, Principal
Administrator, for the Registrar, gave a judgment on 30 May
2001, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

(1) OJ C 45 of 10.2.01.

ORDER OF THE COURT OF FIRST INSTANCE

of 11 May 2001

Industriale Romagnola SpA), whose registered office is at
Cesena (Italy), represented by B. O’Connor, solicitor, and
I. Vigliotti and P. Crocetta, lawyers, with an address for service
in Luxembourg, supported by Comité Européen des Fabricants
de Sucre, established in Brussels, represented by B. Garcı´a
Porras, lawyer, with an address for service in Luxembourg,
against Council of the European Union (Agents: I. Diez Parra
and J.-P. Hix), supported by Commission of the European
Communities (Agent: P. Ziotti) — application for,
first,
annulment of Council Regulation (EC) No 1580/96 of 30 July
1996 fixing, for the 1996/97 marketing year, the derived
intervention prices for white sugar, the intervention price for
raw sugar, the minimum prices for A and B beet, and the
amount of compensation for storage costs (OJ 1996 L 206,
p. 9), and a finding that certain provisions of Council
Regulation (EEC) No 1785/81 of 30 June 1981 on the
common organization of the markets in the sugar sector (OJ
1981 L 177, p. 4) are inapplicable, as amended by Council
Regulation (EC) No 1101/95 of 24 April 1995 (OJ 1995
L 110, p. 1) and, secondly, a claim for compensation to make
good the damage allegedly suffered by the applicants —
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
H. Jung, Registrar, made an order on 11 May 2001, the
operative part of which is as follows:

1.

2.

3.

4.

The application is dismissed as manifestly inadmissible in so
far as it seeks the annulment of Article 1 (f) of Regulation
No 1580/96.

The application is dismissed as manifestly lacking any foun-
dation in law inasmuch as it seeks an order requiring the
Council to make good the damage allegedly caused to the
applicants by the adoption and application of Regulation
No 1580/96, cited above.

The applicants shall bear their own costs and pay those incurred
by the Council.

The Commission and the Comité Européen des Fabricants de
Sucre shall bear their own costs.

in Case T-178/96: Eridania SpA and Others v Council of
the European Union (1)

(1) OJ 1997 C 54.

(Sugar — System of prices — Regionalisation — Deficit
areas — Classification of Italy — Marketing year 1996 —
1997 — Regulations No 1580/96 and No 1785/81 —
Action for annulment — Manifest inadmissibility — Claim
for damages manifestly lacking any foundation in law)

(2001/C 259/18)

(Language of the case: Italian)

In Case T-178/96: Società Eridiana SpA, whose registered
office is at Genoa (Italy), Società ISI (Industria Saccarifera
Italiana Agroindustriale SpA), whose registered office is at
Padua (Italy), Società Sadam Zuccherifici, a division of S.E.C.I.
(Società Esercizi Commerciali Industriali SpA), whose regis-
tered office is at Bologna (Italy), Società Sadam Castiglionese
SpA, whose registered office is at Bologna (Italy), Società
Sadam Abruzzo SpA, whose registered office is at Bologna
(Italy), Società Zuccherificio del Molise SpA, whose registered
office is at Termoli (Italy), Società S.F.I.R. (Società Fondiaria

ORDER OF THE COURT OF FIRST INSTANCE

of 2 May 2001

in Case T-208/00: Jeremı´as Augusto Barleycorn Mongolue
and Marc Boixader Rivas against the Council of the
European Union and the European Parliament (1)

(Officials — Application for annulment — Conditions of
admission to a competition — Spanish technical engineers —
Type of university qualification required — Inadmissibility)

(2001/C 259/19)

(Language of the case: Spanish)

In Case T-208/00, Jeremı´as Augusto Barleycorn Mongolue and
Marc Boixader Rivas residing in Madrid, represented by

C 259/12

EN

Official Journal of the European Communities

15.9.2001

D. Lo´ pez Garido,
lawyer, with an address for service in
Luxembourg against the Council of the European Union
(Agents: F. Anton and G. Ramos Ruano) and the European
Parliament (Agents: M. Go´ mez Leal and F. de Wachter) —
application for annulment of the guide for candidates and the
notice of competition aimed at drawing up reserve lists for
Spanish-language adminstrators and Spanish-language assist-
ant administrators (EUR/A/159/2000 and PE/90/A — the
Court of First
Instance (Second Chamber), composed of
A.W.H. Meij (President), A. Potocki and J. Pirrung, Judges;
H. Jung, Registrar, made an order on 2 May 2001, the operative
part of which is as follows:

1.

2.

The application is dismissed as inadmissible;

The parties shall bear their own costs, including costs relating
to proceedings on the application for interim measures.

(1) OJ C 316 of 4.11.00.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 21 May 2001

in Case T-52/01 R: Jürgen Schaefer v the Commission of
the European Communities

(Applications for interim measures — Officials — Reassign-
ment — Admissibility — Prima facie case — Urgency)

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 8 May 2001

in Case T-95/01 R: Gérard Coget and Others v Court of
Auditors of the European Communities

(Applications for interim measures — Officials — Internal
competition — Admissibility)

(2001/C 259/21)

(Language of the case: French)

In Case T-95/01 R: Gérard Coget, an official of the Court of
Auditors of the European Communities, Hettange-Grande,
France, Pierre Hugé, an official of the Court of Auditors of the
European Communities, residing in Bonnevoie, Grand Duchy
of Luxembourg, and Emmanuel Gabolde, an official of the
Court of Auditors of the European Communities, residing in
Metz, France, represented by André Soulier, lawyer, against
Court of Auditors of the European Communities — application
for suspension of operation of the decision of the Court of
Auditors of 22 February 2001 filling, with effect from 1 July
2001, the post of Secretary General — the President of the
Court of First Instance made an order on 8 May 2001, the
operative part of which is as follows:

1.

2.

The application for interim measures is dismissed as inadmis-
sible.

The costs are reserved.

(2001/C 259/20)

(Language of the case: Spanish)

Action brought on 12 June 2001 by Jörg Riedemann,
Rechtsanwalt, as liquidator of ZEMAG GmbH, against the
Commission of the European Communities

the European Communities,

In Case T-52/01 R: Jürgen Schaefer, an official of the Com-
represented by
mission of
J. R. Iturriagagoitia, lawyer, against Commission of the Euro-
pean Communities (Agents: J. Currall and E. Gippini-Fournier)
— application for first, suspension of operation of the decision
of the Commission of 12 February 2001 transferring the
applicant to Brussels and, secondly, suspension of any pro-
cedure initiated with a view to filling the vacancy arising from
the order transferring the applicant — the President of the
Court of First Instance made an order on 21 May 2001, the
operative part of which is as follows:

1.

2.

The application for interim measures is dismissed.

The costs are reserved.

(Case T-133/01)

(2001/C 259/22)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 June 2001 by Jörg Riedemann,
Rechtsanwalt, as liquidator of ZEMAG GmbH, Zeitz, Germany,
represented by Ulrich Vahlhaus, Rechtsanwalt.

The applicant claims that the Court should annul Commission
decision K(2201)1028 of 28 March 2001 on state aid granted
by Germany to EFBE Verwaltungs GmbH & Co Management
KG (now Lintra Beteiligungs Holdings GmbH, together with