Order of the Court of First Instance of 7 June 2001 in Case T-328/00: Mario Costacurta v Commission of the European Communities (Officials — Assignment of the applicant to a third country in 1993 — Reintegration of the official in the Publications Office in 1996 — Loss of entitlement to the derogating provisions of Annex X to the Staff Regulations — Request to be reassigned to a third State submitted in 2000 on the basis of Annex X — Inadmissibility of the action directed against the Commission's implied decisions)
Date: 2001-10-13
Institutions: Court of First Instance
Subjects: European Commission, European official, Netherlands, Publications Office of the European Union, action for annulment (EU), workplace

C 289/24

EN

Official Journal of the European Communities

13.10.2001

JUDGMENT OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 27 June 2001

of 7 June 2001

in Joined Cases T-164/99, T-37/00 and T-38/00 Alain
Leroy and Others v Council of the European Union (1)

(Decision 1999/307/EC — Integration of the Schengen
Secretariat into the General Secretariat of the Council —
Action for annulment)

(2001/C 289/59)

(Language of the case: French)

In Joined Cases T-164/99, T-37/00 and T-38/00 Alain Leroy,
former employee of the Economic Union of Belgium, the
Netherlands and Luxembourg (Benelux) seconded to the
Schengen Secretariat, residing in Grimbergen, Belgium, Yan-
nick Chevalier-Delanoue, official of the Council of the Euro-
pean Union, residing in Brussels, Belgium, Virginia Joaquim
Matos, residing in Montijo, Portugal, represented by G. Vander-
sanden and L. Levi, lawyers, with an address for service in
Luxembourg, supported by Union syndicale-Bruxelles, estab-
lished in Brussels, represented by S. Parmesan, lawyer, with an
address for service in Luxembourg,
intervener in Case T-
164/99, against Council of the European Union (Agents:
M. Bauer, F. Anton, and A. Bentley) — application — in Case
T-164/99 — for annulment of Council Decision 1999/307/EC
of 1 May 1999 laying down the detailed arrangements for the
integration of
into the General
Secretariat of the Council (OJ 1999 L 119, p. 49) and — in
Cases T-37/00 and T-38/00 — for annulment of Decision
1999/307, of various decisions of the Council appointing
other persons to posts within that institution, and of the
implied decisions of the Council not to appoint the applicants
to any of those posts, and for damages — the Court of
First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
27 June 2001, in which it:

the Schengen Secretariat

1. Dismisses the actions;

2.

3.

In Case T-164/99, orders the applicant to bear his own costs
and pay those incurred by the Council, and orders the intervener
to bear its own costs;

In Cases T-37/00 and T-38/00, orders the parties to bear
their own costs.

(1) OJ C 281 of 2.10.99.

in Case T-328/00: Mario Costacurta v Commission of the
European Communities (1)

(Officials — Assignment of the applicant to a third country
in 1993 — Reintegration of the official in the Publications
Office in 1996 — Loss of entitlement to the derogating
provisions of Annex X to the Staff Regulations — Request
to be reassigned to a third State submitted in 2000 on the
basis of Annex X — Inadmissibility of the action directed
against the Commission’s implied decisions)

(2001/C 289/60)

(Language of the case: French)

In Case T-328/00: Mario Costacurta, an official of the Com-
mission of the European Communities, residing in Luxem-
bourg, represented by M. Petit, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agent: J. Currall) — application for annulment
directed, first, against a supposed implied rejection of the
request to be reassigned to a third State, dated 6 June 2000,
and, secondly, against a supposed implied rejection of the
applicant’s complaint of 24 October 2000 — 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 7 June 2001, the operative part of which is
as follows:

1.

2.

The application is dismissed as inadmissible.

The applicant shall bear all the costs, including those relating
to the interlocutory proceedings.

(1) OJ C 372 of 23.12.00.

Action brought on 20 June 2001 by Entorn, Sociedat
Limitada Enginyeria i Serveis against Commission of the
European Communities

(Case T-141/01)

(2001/C 289/61)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the