Judgment of the Court of First Instance 11 December 2001 in Case T-46/00: Kvitsjøen AS v Commission of the European Communities (Fisheries — Measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway — Withdrawal of a licence and special fishing permit — Audi alteram partem principle — Principle of proportionality)
Date: 2002-04-20
Institutions: Court of First Instance
Subjects: European Commission, Norway, action for annulment (EU), conservation of fish stocks, fishing licence, fishing vessel

C 97/10

EN

Official Journal of the European Communities

20.4.2002

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

11 December 2001

of 23 January 2002

in Case T-46/00: Kvitsjøen AS v Commission of the
European Communities (1)

in Case T-101/00: Miguel A´ ngel Martı´n de Pablos v
Commission of the European Communities (1)

(Fisheries — Measures for the conservation and management
of fishery resources applicable to vessels flying the flag of
Norway — Withdrawal of a licence and special fishing
permit — Audi alteram partem principle — Principle of
proportionality)

(Officials — Open competition — Non-admission of the
applicant to the oral test — Action for annulment — Action
for damages)

(2002/C 97/20)

(Language of the case: Dutch)

(2002/C 97/21)

(Language of the case: Spanish)

Case T-46/00, Kvitsjøen AS, established in Fosnavag (Norway),
represented by K. Storalm, J. Hoekstra and G. Vanquathem,
lawyers, with an address for service in Luxembourg, v Com-
mission of the European Communities, represented by T. van
Rijn, acting as Agent, assisted by F. Tuytschaever, lawyer, with
an address for service in Luxembourg: application for the
annulment of the Commission decision of 22 December 1999
withdrawing from the Norwegian fishing vessel Kvitsjøen its
licence and special fishing permit for Community waters and
refusing to grant it that licence and permit before 30 June
2000, the Court of First Instance (Fifth Chamber), composed
of: P. Lindh, President, R. Garcı´a-Valdecasas and J.D. Cooke,
Judges, Registrar: J. Plingers, Administrator, has given a judg-
ment on 11 December 2001, in which it has ruled:

In Case T-101/00: Miguel A´ ngel Martı´n de Pablos, residing in
Madrid, represented by J. Moreno Nu´ n˜ ez,
lawyer, of Calle
Santo Cruz de Marcenado 7, Madrid, v Commission of the
European Communities (Agents: G. Valsesia,
J. Currall and
E. Gippini Fournier) — application, first, for annulment of the
decision of the selection board refusing to admit the applicant
to the oral test in open competition COM/A/11/98 and,
second, for compensation for the damage allegedly caused by
the late notification of that decision — the Court of First
Instance (First Chamber), composed of: B. Vesterdorf, Presi-
dent, and N. Forwood and H. Legal, Judges; J. Plingers, Admi-
nistrator, for the Registrar, has given a judgment on 23 January
2002, in which it:

1. Dismisses the action;

1. Dismisses the application;

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

Commission.

2. Orders the parties to bear their own costs, including those

relating to the proceedings for interim measures.

(1) OJ C 135 of 13.5.2000.

(1) OJ C 211 of 22.7.2000.