Order of the Court of First Instance of 10 September 2002 in Case T-287/01: Bioelettrica SpA v Commission of the European Communities (Article 238 EC — Arbitration clause — Thermie programme — Unilateral termination of the contract by the Commission — Request that the case not proceed to judgment)
Date: 2002-12-21
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), building industry, energy industry, termination of a contract

21.12.2002

EN

Official Journal of the European Communities

C 323/35

Commission of the European Communities (Agents: R. de
Avelar Santos and F-Clotuche-Duvieusart) — application for
annulment of the Commission’s decision of 31 March 2000
refusing to allow the applicant travelling time in connection
with special leave for the purpose of voting — the Court of
First Instance (Fifth Chamber), composed of J. D. Cooke,
President, and R. García-Valdecasas and P. Lindh,
Judges;
H. Jung, Registrar, made an order on 30 September 2002, in
which it:

1. Dismissed the action as manifestly unfounded;

1. Dismissed the action as manifestly inadmissible;

2. Ordered each party to bear its own costs.

(1) OJ C 3 of 5.1.02.

2. Ordered the applicant to bear the whole of the costs.

ORDER OF THE COURT OF FIRST INSTANCE

( 1) OJ C 108 of 7.4.01.

of 10 September 2002

in Case T-287/01: Bioelettrica SpA v Commission of the
European Communities (1)

(Article 238 EC — Arbitration clause — Thermie pro-
gramme — Unilateral termination of the contract by the
Commission — Request that the case not proceed to judg-
ment)

ORDER OF THE COURT OF FIRST INSTANCE

of 27 September 2002

(2002/C 323/58)

(Language of the case: Italian)

in Case T-254/01: Giuseppe Di Pietro v Court of Auditors
of the European Communities (1)

(Officials — Appointment — Preliminary administrative
procedure — Procedural error — Manifest inadmissibility)

(2002/C 323/57)

(Language of the case: Italian)

In Case T-254/01: Giuseppe Di Pietro, residing in Messina,
Italy, represented by G. Monforte, lawyer, against Court of
Auditors of the European Communities (Agents: J.-M. Stenier,
P. Giusta and B. Schäfer) — application for annulment of the
Court of Auditors’ decision of 22 February 2001 appointing
the Secretary-General of that institution — the Court of First
Instance (Third Chamber), composed of M. Jaeger, President,
and K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar, made
an order on 27 September 2002, in which it:

In Case T-287/01: Bioelettrica SpA, established in Pisa (Italy),
represented by O. Fabe Dal Negro, lawyer, against Commission
of the European Communities (Agents: H. Støvlbaek, R. Amo-
rosi and M. Moretto) — application seeking, first, a declaration
that the termination notified by the Commission on 6 Septem-
ber 2001 of contract BM 1007/94 IT/DE/UK/PO, of 12 Decem-
ber 1994 on the implementation of the project entitled ‘Energy
Farm: an IGCC plant for the production of electricity and heat
through gasification of SRF biomass (Phase 1)’ is null and
unlawful and, secondly, an order requiring the Commission to
make good the damage allegedly suffered by the applicant as a
result of the Commission’s conduct — the Court of First
Instance (Third Chamber), composed of M. Jaeger, President,
K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar, made an
order on 10 September 2002, the operative part of which is
as follows:

1.

2.

The request that the case not proceed to judgment is rejected.

Costs are reserved.

(1) OJ 2002 C 31.