Judgment of the Court of First Instance of 12 June 2002 in Case T-187/01: Arnaldo Mellone v Commission of the European Communities (Officials — Staff reports — Action for annulment — Action for damages)
Date: 2002-08-24
Institutions: Court of First Instance
Subjects: European Commission, European official, abuse of power, action for annulment (EU), regulations for civil servants, staff assessment

C 202/26

EN

Official Journal of the European Communities

24.8.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 June 2002

in Case T-187/01: Arnaldo Mellone v Commission of the
European Communities (1)

(Officials — Staff reports — Action for annulment —
Action for damages)

lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: R. Tricot
and M. Moretto) — application for annulment of Commission
Decision C(1999)1050 of 27 April 1999 (REC 1/98) rejecting
the request not to proceed with the post-clearance recovery of
import duties in respect of canned tuna from Turkey — the
Court of First
Instance (Fourth Chamber), composed of
M. Vilaras, President, V. Tiili and P. Mengozzi, Judges; H. Jung,
Registrar, made an order on 14 June 2002, the operative part
of which is as follows:

(2002/C 202/39)

(Language of the case: French)

In Case T-187/01: Arnaldo Mellone, an official of the Com-
mission of the European Communities, residing in Brussels,
represented by E. Boigelot, avocat, with an address for service
in Luxembourg, v Commission of the European Communities
(Agents: M. Langer and J. Currall) — application, first, for
annulment of the decision of 10 July 2000 by which the
Director-General of the Employment and Social Affairs Direc-
torate-General declared definitive the applicant’s staff report
for the period from 1 July 1995 to 30 June 1997 and, in so
far as may be necessary, annulment of the rectifying note of
18 July 2000 and of the decision of the Vice-President of the
Commission of 24 April 2001 rejecting his complaint; second,
for a declaration by the Court
for
1995–1997 has not been definitively drawn up and that it
should be removed from his personal file; and, third, for
compensation for the professional and non-material damage
suffered by the applicant, amounting to 10 000 euros — the
Court of First Instance (Single Judge: H. Legal); J. Palacio
Gonza´lez, Administrator, for the Registrar, has given a judg-
ment on 12 June 2002, in which it:

that his staff report

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 289 of 13.10.2001.

ORDER OF THE COURT OF FIRST INSTANCE

of 14 June 2002

in Case T-179/99: Sud Pesca SpA v Commission of the
European Communities (1)

(Common customs tariff — Failure to proceed to post-
clearance recovery of import duties — Refund of import
duties — No need to adjudicate)

(2002/C 202/40)

(Language of the case: Italian)

In Case T-179/99: Sud Pesca SpA, established in Aspra
Baghiera (Italy), represented by G. Amenta and M. Merola,

1.

2.

There is no need to adjudicate on the present action.

The Commission shall bear all the costs.

(1) OJ 1999 C 281.

ORDER OF THE COURT OF FIRST INSTANCE

of 14 June 2002

in Case T-325/99: Generale Conserve SpA v Commission
of the European Communities (1)

(Common customs tariff — No post clearance recovery of
import duties — No need to adjudicate)

(2002/C 202/41)

(Language of the case: Italian)

In Case T-325/99: Generale Conserve SpA, established in
Assago (Italy), represented by C. Cigolini, G. Durazzo and
M. Hengel, lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
R. Tricot and M. Moretto) — application for annulment of
Commission decision No C(1999) 1596 of 17 June 1999 (REC
6/98) rejecting the request not to recover, post clearance,
import duties by the applicant in respect of canned tuna from
Turkey — the Court of First Instance (Fourth Chamber),
composed of M. Vilaras, President, V. Tiili and P. Mengozzi,
Judges; H. Jung, Registrar, made an order on 14 June 2002,
the operative part of which is as follows:

1.

2.

There is no need to adjudicate on the present application.

The Commission shall bear all the costs.

(1) OJ 2000 C 63.