Order of the Court (Third Chamber) of 13 December 2001 in Case C-309/01 P: Council of the European Union v Hans McAuley (Appeals — Officials — Appointment by promotion — Consideration of the comparative merits — Manifest error of assessment — Annulment — Appeal manifestly unfounded)
Date: 2002-06-15
Institutions: Court of Justice
Subjects: Council of the European Union, European official, action for annulment (EU), appointment of staff, equal treatment, power to appoint

15.6.2002

EN

Official Journal of the European Communities

C 144/13

ORDER OF THE COURT

ORDER OF THE COURT

(Fourth Chamber)

25 April 2002

in Case C-96/01 P: The Galileo Company, Galileo Inter-
national LLC v Council of the European Union (1)

(Third Chamber)

of 13 December 2001

in Case C-309/01 P: Council of the European Union v
Hans McAuley (1)

(Appeals — Officials — Appointment by promotion —
Consideration of the comparative merits — Manifest error of
assessment — Annulment — Appeal manifestly unfounded)

(Air transport — Code of conduct for the use of computerised
reservation systems (CRS) — Purchase of data by groups of
airlines — Action for annulment — Inadmissibility —
in part clearly inadmissible and in part clearly
Appeal

(2002/C 144/19)

(Language of the case: French)

unfounded)

(2002/C 144/18)

(Language of the case: English)

In Case C-96/01 P, The Galileo Company, established in
Swindon (United Kingdom), Galileo International LLC, estab-
lished in Rosemont (United States), (represented by R. Plender,
QC, instructed by K. Holmes and by D. Austin and R. Butler,
solicitors: Appeal against the order of the Court of First
Instance of the European Communities (Second Chamber) of
15 December 2000 in Case T-113/99 Galileo and Galileo
International v Council [2000] ECR II-4141, seeking to have
that order set aside, the other parties to the proceedings being:
Council of the European Union (Agents: A. Lopes Sabino
and M. Bishop), Commission of the European Communities
(Agents: F. Benyon and M. Huttunen) and Amadeus Global
Travel Distribution SA, established in Madrid (Kingdom of
Spain), the Court (Fourth Chamber), composed of: S. von
Bahr, President of
the Chamber, D. A. O. Edward and
C. W. A. Timmermans (Rapporteur), Judges; P. Léger, Advocate
General; R. Grass, Registrar, has made an order on 25 April
2002, the operative part of which is as follows:

1.

2.

The appeal is dismissed.

The Galileo Company and Galileo International LLC are
ordered to pay the costs.

(1) OJ C 134 of 5.5.2001.

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case 309/01 P: Council of the European Union (Agents:
F. Anton and A. Pilette), — appeal against the judgment of the
Court of First Instance of the European Communities, Fourth
Chamber, of 14 June 2002 in Case T-230/99 McAuley v
Council [2001] ECR-SC II-583, seeking to have that judgment
set aside and the rejection of the application submitted at first
instance annulled, the other party to the proceedings being
Hans McAuley, represented by J.-N. Louis et V. Peere, avocats
— the Court
(Third Chamber), composed of F. Macken,
President of Chamber, C. Gulmann and J. N. Cunha Rodrigues
(Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate Gen-
eral; R. Grass, Registrar, made an order on 13 December 2001,
the operative part of which is as follows:

1.

2.

The appeal is dismissed.

The Council of the European Union shall pay the costs.

(1) OJ C 289 of 13.10.2001.

Reference for a preliminary ruling by the Oberster
Gerichtshof (Republic of Austria) by order of that Court
of 29 January 2002 in the case of Herbert Karner
Industrieauktionen GmbH against Troostwijk GesmbH

(Case C-71/02)

(2002/C 144/20)

Reference has been made to the Court of Justice of the
European Communities by order of the Oberster Gerichtshof