do-me/EUR-LEX huggingface dataset:
Judgment of the Court of First Instance of 16 April 2002 in Case T-51/01: Joachim Fronia v Commission of the European Communities (Officials — Reorganisation of the Commission's administrative structures — Reappointment of a former Head of Unit as an ad personam adviser)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), equal treatment, professional career, regulations for civil servants

C 156/22

EN

Official Journal of the European Communities

29.6.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 April 2002

of 16 April 2002

in Case T-372/00: Mario Campolargo v Commission of
the European Communities (1)

in Case T-51/01: Joachim Fronia v Commission of the
European Communities (1)

(Officials — Recruitment procedures — Application of
Article 29(1) of the Staff Regulations — Recruitment of a
temporary agent — Withdrawal of an administrative act)

(Officials — Reorganisation of the Commission’s adminis-
trative structures — Reappointment of a former Head of
Unit as an ad personam adviser)

(2002/C 156/41)

(2002/C 156/42)

(Language of the case: French)

(Language of the case: French)

In Case T-372/00: Mario Campolargo, temporary agent at
the Commission of the European Communities, residing in
Kraainem (Belgium), represented by C. Mourato, avocat, with
an address for service in Luxembourg, against Commission of
the European Communities (Agents: J. Currall and D. Wael-
broeck) — application for annulment of the decision of the
Commission of 15 February 2000 annulling the appointment
of the applicant to the post of Head of Unit XIII.G.2 —
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N.J. Forwood and H. Legal, Judges;
H. Jung, Registrar, gave a judgment on 23 April 2002, in
which it:

In Case T-51/01: Joachim Fronia, an official of the Commission
of the European Communities, residing in Overijse, Belgium,
represented by J.-N. Louis and V. Peere, avocats, with an
address for service in Luxembourg, against Commission of the
European Communities (Agent: F. Clotuche-Duvieusart) —
application for annulment of the decisions whereunder, on the
reorganisation of the Commission’s administrative structures,
the applicant was not kept on as acting head of Unit, but was
instead appointed as an ad personam adviser — the Court of
First Instance (Second Chamber), composed of R.M. Moura
Ramos, President, and J. Pirrung and A.W.H. Meij, Judges;
J. Plingers, Administrator,
for the Registrar, has given a
judgment on 16 April 2002, in which it:

1.

annuls the decision of the Commission of 15 February 2000
annulling the appointment of Mr Campolargo to the post of
Head of Unit XIII.G.2.

1. Dismisses the application;

2.

orders the Commission to pay the costs.

2. Orders each of the parties to bear their own costs.

(1) OJ C 45 of 10.2.2001.

(1) OJ C 186 of 30.6.2001.
Judgment of the Court of First Instance of 23 April 2002 in Case T-372/00: Mario Campolargo v Commission of the European Communities (Officials — Recruitment procedures — Application of Article 29(1) of the Staff Regulations — Recruitment of a temporary agent — Withdrawal of an administrative act)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), promotion, regulations for civil servants, staff assessment

C 156/22

EN

Official Journal of the European Communities

29.6.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 April 2002

of 16 April 2002

in Case T-372/00: Mario Campolargo v Commission of
the European Communities (1)

in Case T-51/01: Joachim Fronia v Commission of the
European Communities (1)

(Officials — Recruitment procedures — Application of
Article 29(1) of the Staff Regulations — Recruitment of a
temporary agent — Withdrawal of an administrative act)

(Officials — Reorganisation of the Commission’s adminis-
trative structures — Reappointment of a former Head of
Unit as an ad personam adviser)

(2002/C 156/41)

(2002/C 156/42)

(Language of the case: French)

(Language of the case: French)

In Case T-372/00: Mario Campolargo, temporary agent at
the Commission of the European Communities, residing in
Kraainem (Belgium), represented by C. Mourato, avocat, with
an address for service in Luxembourg, against Commission of
the European Communities (Agents: J. Currall and D. Wael-
broeck) — application for annulment of the decision of the
Commission of 15 February 2000 annulling the appointment
of the applicant to the post of Head of Unit XIII.G.2 —
the Court of First Instance (First Chamber), composed of
B. Vesterdorf, President, N.J. Forwood and H. Legal, Judges;
H. Jung, Registrar, gave a judgment on 23 April 2002, in
which it:

In Case T-51/01: Joachim Fronia, an official of the Commission
of the European Communities, residing in Overijse, Belgium,
represented by J.-N. Louis and V. Peere, avocats, with an
address for service in Luxembourg, against Commission of the
European Communities (Agent: F. Clotuche-Duvieusart) —
application for annulment of the decisions whereunder, on the
reorganisation of the Commission’s administrative structures,
the applicant was not kept on as acting head of Unit, but was
instead appointed as an ad personam adviser — the Court of
First Instance (Second Chamber), composed of R.M. Moura
Ramos, President, and J. Pirrung and A.W.H. Meij, Judges;
J. Plingers, Administrator,
for the Registrar, has given a
judgment on 16 April 2002, in which it:

1.

annuls the decision of the Commission of 15 February 2000
annulling the appointment of Mr Campolargo to the post of
Head of Unit XIII.G.2.

1. Dismisses the application;

2.

orders the Commission to pay the costs.

2. Orders each of the parties to bear their own costs.

(1) OJ C 45 of 10.2.2001.

(1) OJ C 186 of 30.6.2001.
Non-opposition to a notified concentration (Case COMP/M.2640 — Nestlé/Schöller) (Text with EEA relevance)
Date: 2002-06-29
Institutions: European Commission
Subjects: dairy ice cream, deep-frozen product, dissemination of information, economic concentration, food industry, merger control

29.6.2002

EN

Official Journal of the European Communities

C 155/15

Non-opposition to a notified concentration

(Case COMP/M.2640 — Nestlé/Schöller)

(2002/C 155/04)

(Text with EEA relevance)

On 25 February 2002 the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in German and will be
made public after it is cleared of any business secrets it may contain. It will be available:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CDE’ version of the CELEX database, under document No 302M2640. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.
Judgment of the Court of First Instance of 30 January 2002 in Cases T-212/00: Nuove Industrie Molisane Srl v Commission of the European Communities (State Aid — Decision declaring aid compatible with the common market — Action for annulment — Recipient company — Legal interest in bringing proceedings — Inadmissibility)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), competition law, investment aid, private limited company

C 156/20

EN

Official Journal of the European Communities

29.6.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 January 2002

of 5 March 2002

in Cases T-212/00: Nuove Industrie Molisane Srl v Com-
mission of the European Communities (1)

in Case T-241/00: Azienda Agricola ‘Le Canne’ Srl against
Commission of the European Communities (1)

(State Aid — Decision declaring aid compatible with the
common market — Action for annulment — Recipient
interest in bringing proceedings —
company — Legal
Inadmissibility)

(Agriculture — Reduction of Community financial assist-
ance — Obligation to state reasons)

(2002/C 156/37)

(Language of the case: Italian)

(2002/C 156/38)

(Language of the case: Italian)

In Case T-212/00, Nuove Industrie Molisane Srl, established in
Sesto Campano (Italy), represented by I. Van Bael and F. Di
Gianni, lawyers, v Commission of the European Communities
(Agents: V. Di Bucci, A. Abate and G.B. Conte): Application
for the partial annulment of Commission Decision SG(2000)D/
103923 of 30 May 2000 authorising State aid amounting to
LIT 29176,69 million in favour of Nuove Industrie Molisane
in order to carry out investment at Sesto Campano (Molise,
Italy), the Court of First Instance of the European Communities
(First Chamber, Extended Composition), composed of: B. Ves-
terdorf, President, M. Vilaras, J. Pirrung, A.W.H. Meij and
N.J. Forwood, Judges; J. Palacio Gonza´lez, Administrator, for
the Registrar, has given a judgment on 30 January 2002, in
which it:

In Case T-241/00: Azienda Agricola ‘Le Canne’ Srl, established
in Porto Viro (Italy), represented by G. Carraro, F. Mazzonetto
and G. Arendt,
lawyers, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: E. de March, L. Visaggio and A. Dal Ferro) —
application,
for annulment of Commission Decision
C (2000) 1754 of 11 July 2000 reducing the assistance granted
to the applicant in respect of project I/16/90/02, and second,
for damages — the Court of First Instance (First Chamber),
composed of B. Vesterdor, President, N. Forwood and H. Legal,
Judges; J. Palacio Gonza´lez, Administrator, for the Registrar,
has given a judgment on 5 March 2002, in which it:

first,

1. Annuls Decision C (2000) 1754 of 11 July 2000;

1. Dismisses the application as inadmissible;

2. Dismisses the remainder of the appeal;

2. Orders the applicant to pay the costs.

3. Orders the Commission to pay the costs, including those of the

application for interim relief.

(1) OJ C 302 of 21.10.2000.

(1) OJ C 355 of 9.12.2000.
Removal from the register of Case T-163/97
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, Netherlands Antilles, action for annulment (EU), import policy, originating product, protective clause

C 156/38

EN

Official Journal of the European Communities

29.6.2002

The applicant asks the Court to:

Removal from the register of Case T-163/97 (1)

(2002/C 156/70)

(Language of the Case: Dutch)

By order of 10 April 2002 the President of the Third Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-163/97:
Nederlands Antillen v Council of the European Union and
Commission of the European Communities.

(1) OJ C 212 of 12.07.1997.

— annul

the decision taken by the Selection Board of
Competition COM/A/7/01 on 11 February 2002 not to
correct the written test of the applicant and not to admit
him to the tests subsequent to the written test;

— annul all the subsequent steps and measures taken in the

competition procedure in question;

— in the alternative, order the Commission to pay to the
applicant EUR 100 000 as compensation for material
and non-material damage;

— order the Commission to pay all the costs of the case.

Pleas in law and main arguments

In the present case, the applicant is challenging the refusal by
the Selection Board in Open Competition COM/A/7/01 to
correct his written test and admit him to the subsequent tests.
The ground for that refusal is that the applicant is said to
have insufficient experience in the area of human resource
management.

Removal from the register of Case T-218/99 (1)

It is pointed out that the applicant was included on the list
of candidates who fulfilled the general conditions of the
competition, he took part in the pre-selection tests, and was
admitted to the written test.

(2002/C 156/71)

(Language of the Case: German)

In support of his application, the applicant claims that:

— there was a manifest error of assessment in this case;

— the obligation to state reasons has been infringed;

By order of 28 January 2002 the President of the Fifth
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-218/99: Anton Dürbeck GmbH v Commission of
the
European Communities.

— the principle of sound administration and the duty to
have regard to the welfare of applicants have not been
complied with.

(1) OJ C 6 of 8.1.2000.
Case C-162/02: Action brought on 30 April 2002 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2002-06-29
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, health control, horticulture, marketing, plant propagation, supervisory body, supplier

C 156/8

EN

Official Journal of the European Communities

29.6.2002

Action brought on 30 April 2002 by the Commission of
the European Communities against the Federal Republic
of Germany

Action brought on 30 April 2002 by the Commission of
the European Communities against the Federal Republic
of Germany

(Case C-162/02)

(Case C-163/02)

(2002/C 156/14)

(2002/C 156/15)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 30 April 2002 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of Luis
Escobar Guerrero, of its Legal Service, at Wagner Centre C 254,
Kirchberg, Luxembourg.

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 30 April 2002 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of Luis
Escobar Guerrero, of its Legal Service, at Wagner Centre C
254, Kirchberg, Luxembourg.

The applicant claims that the Court should:

The applicant claims that the Court should:

(1) declare that the Federal Republic of Germany has failed to
fulfil its obligations under the EC Treaty and Commission
Directive 1999/68/EC (1) of 28 June 1999 setting out
additional provisions for lists of varieties of ornamental
plants as kept by suppliers under Council Directive 98/
56/EC (2) in that it has not adopted all the laws, regulations
and administrative provisions necessary in order to
transpose that directive into national
law within the
prescribed period;

(1) declare that the Federal Republic of Germany has failed to
fulfil its obligations under the EC Treaty and Commission
Directive 1999/66/EC (1) of 28 June 1999 setting out
requirements as to the label or other document made out
by the supplier pursuant to Council Directive 98/56/
EC (2) in that has not adopted all the laws, regulations and
administrative provisions necessary in order to transpose
that directive into national
law within the prescribed
period;

(2) order the defendant to pay the costs.

(2) order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The time-limit for transposition of the directive expired on
31 December 1999.

The time-limit for transposition of the directive expired on
31 December 1999.

(1) OJ 1999 L 172, p. 42.
(2) OJ 1998 L 226, p. 16.

(1) OJ 1999 L 164, p. 76.
(2) OJ 1998 L 226, p. 16.
Euro exchange rates
Date: 2002-06-29
Institutions: European Commission
Subjects: euro, exchange rate

29.6.2002

EN

Official Journal of the European Communities

C 155/1

I

(Information)

COMMISSION

Euro exchange rates (1)

28 June 2002

(2002/C 155/01)

1 euro =

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

Currency

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Exchange
rate

0,9975

118,2

7,4292

0,6498

9,1015

1,4721

86,18

7,4305

1,9517

LVL

MTL

PLN

ROL

SIT

SKK

TRL

AUD

CAD

Currency

Latvian lats

Maltese lira

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

Australian dollar

Canadian dollar

0,57974

HKD

Hong Kong dollar

29,267

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,5989

0,4182

4,0598

33408

226,5672

43,92

1578000

1,7702

1,5005

7,7805

2,0397

1,7586

244,93

KRW

South Korean won

1188,32

3,4523

ZAR

South African rand

10,3043

___________
(1) Source: reference exchange rate published by the ECB.
Judgment of the Court of First Instance of 5 March 2002 in Case T-241/00: Azienda Agricola "Le Canne" Srl against Commission of the European Communities (Agriculture — Reduction of Community financial assistance — Obligation to state reasons)
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), aquaculture, area management, fisheries structure, littoral

C 156/20

EN

Official Journal of the European Communities

29.6.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 January 2002

of 5 March 2002

in Cases T-212/00: Nuove Industrie Molisane Srl v Com-
mission of the European Communities (1)

in Case T-241/00: Azienda Agricola ‘Le Canne’ Srl against
Commission of the European Communities (1)

(State Aid — Decision declaring aid compatible with the
common market — Action for annulment — Recipient
interest in bringing proceedings —
company — Legal
Inadmissibility)

(Agriculture — Reduction of Community financial assist-
ance — Obligation to state reasons)

(2002/C 156/37)

(Language of the case: Italian)

(2002/C 156/38)

(Language of the case: Italian)

In Case T-212/00, Nuove Industrie Molisane Srl, established in
Sesto Campano (Italy), represented by I. Van Bael and F. Di
Gianni, lawyers, v Commission of the European Communities
(Agents: V. Di Bucci, A. Abate and G.B. Conte): Application
for the partial annulment of Commission Decision SG(2000)D/
103923 of 30 May 2000 authorising State aid amounting to
LIT 29176,69 million in favour of Nuove Industrie Molisane
in order to carry out investment at Sesto Campano (Molise,
Italy), the Court of First Instance of the European Communities
(First Chamber, Extended Composition), composed of: B. Ves-
terdorf, President, M. Vilaras, J. Pirrung, A.W.H. Meij and
N.J. Forwood, Judges; J. Palacio Gonza´lez, Administrator, for
the Registrar, has given a judgment on 30 January 2002, in
which it:

In Case T-241/00: Azienda Agricola ‘Le Canne’ Srl, established
in Porto Viro (Italy), represented by G. Carraro, F. Mazzonetto
and G. Arendt,
lawyers, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: E. de March, L. Visaggio and A. Dal Ferro) —
application,
for annulment of Commission Decision
C (2000) 1754 of 11 July 2000 reducing the assistance granted
to the applicant in respect of project I/16/90/02, and second,
for damages — the Court of First Instance (First Chamber),
composed of B. Vesterdor, President, N. Forwood and H. Legal,
Judges; J. Palacio Gonza´lez, Administrator, for the Registrar,
has given a judgment on 5 March 2002, in which it:

first,

1. Annuls Decision C (2000) 1754 of 11 July 2000;

1. Dismisses the application as inadmissible;

2. Dismisses the remainder of the appeal;

2. Orders the applicant to pay the costs.

3. Orders the Commission to pay the costs, including those of the

application for interim relief.

(1) OJ C 302 of 21.10.2000.

(1) OJ C 355 of 9.12.2000.
Removal from the register of Case T-37/01
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Japan, appeal to the Court (EU), chemical industry, pharmaceutical product

29.6.2002

EN

Official Journal of the European Communities

C 156/39

Removal from the register of Case T-34/01 (1)

Removal from the register of Case T-37/01 (1)

(2002/C 156/72)

(Language of the Case: French)

(2002/C 156/73)

(Language of the Case: English)

By order of 15 April 2002 the President of the Fourth Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-34/01: Anna
Maria Roccato v Commission of the European Communities.

By order of 14 March 2002 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-37/01: Takeda Chemical Industries Ltd v Office for Harmon-
isation in the Internal Market (Trade Marks and Designs).

(1) OJ C 108 of 7.4.2001.

(1) OJ C 150 of 19.5.2001.
Case C-163/02: Action brought on 30 April 2002 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2002-06-29
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, horticulture, labelling, plant health control, supplier, transport document

C 156/8

EN

Official Journal of the European Communities

29.6.2002

Action brought on 30 April 2002 by the Commission of
the European Communities against the Federal Republic
of Germany

Action brought on 30 April 2002 by the Commission of
the European Communities against the Federal Republic
of Germany

(Case C-162/02)

(Case C-163/02)

(2002/C 156/14)

(2002/C 156/15)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 30 April 2002 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of Luis
Escobar Guerrero, of its Legal Service, at Wagner Centre C 254,
Kirchberg, Luxembourg.

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 30 April 2002 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of Luis
Escobar Guerrero, of its Legal Service, at Wagner Centre C
254, Kirchberg, Luxembourg.

The applicant claims that the Court should:

The applicant claims that the Court should:

(1) declare that the Federal Republic of Germany has failed to
fulfil its obligations under the EC Treaty and Commission
Directive 1999/68/EC (1) of 28 June 1999 setting out
additional provisions for lists of varieties of ornamental
plants as kept by suppliers under Council Directive 98/
56/EC (2) in that it has not adopted all the laws, regulations
and administrative provisions necessary in order to
transpose that directive into national
law within the
prescribed period;

(1) declare that the Federal Republic of Germany has failed to
fulfil its obligations under the EC Treaty and Commission
Directive 1999/66/EC (1) of 28 June 1999 setting out
requirements as to the label or other document made out
by the supplier pursuant to Council Directive 98/56/
EC (2) in that has not adopted all the laws, regulations and
administrative provisions necessary in order to transpose
that directive into national
law within the prescribed
period;

(2) order the defendant to pay the costs.

(2) order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The time-limit for transposition of the directive expired on
31 December 1999.

The time-limit for transposition of the directive expired on
31 December 1999.

(1) OJ 1999 L 172, p. 42.
(2) OJ 1998 L 226, p. 16.

(1) OJ 1999 L 164, p. 76.
(2) OJ 1998 L 226, p. 16.