Order of the Court of First Instance of 30 September 2002 in Case T-25/01: Francisco Miguel França v Commission of the European Communities (Officials — Special leave for voting — Travelling time — Supporting evidence — Lack of jurisdiction — Duty of cooperation and fairness — Principle of proportionality — Action manifestly devoid of any basis in law)
Date: 2002-12-21
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), election, special leave

C 323/34

EN

Official Journal of the European Communities

21.12.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 October 2002

in Case T-134/01: Hans Fuchs Versandschlachterei KG v
Commission of the European Communities (1)

(Regulation (EC) No 111/1999 — Regulation (EC) No 1135/
1999 — Food-aid to Russia — Invitation to tender for
mobilisation — Invitation to tender for transport — Contrac-
tual relationship — Arbitration clause — Claim for perform-
ance of a contract — Admissibility — Provision of certifi-
cates for each means of transport — Default interest)

(2002/C 323/54)

(Language of the case: German)

In Case T-134/01, Hans Fuchs Versandschlachterei KG, estab-
lished in Duisburg (Germany), represented by U. Schrömbges,
L. Harings and C. Hütter,
lawyers, v Commission of the
European Communities (Agent: M. Niejahr): Application for
an order that, primarily, the Commission or, alternatively, the
Bundesanstalt für Landwirtschaft und Ernährung, pay a sum of
DEM 13 130,04 (EUR 6 713,28), plus interest at an annual
rate of 8 % from 1 March 2000, the Court of First Instance
(Second Chamber), composed of: R. M. Moura Ramos, Presi-
dent, J. Pirrung and A. W. H. Meij, Judges; H. Jung, Registrar,
has given a judgment on 9 October 2002, in which it:

1. Orders the Commission to pay to the applicant the sum of
EUR 6 713,28, together with default interest thereon from
2 May 2000 until full payment. The rate of default interest to
be applied is to be calculated on the basis of the European
Central Bank’s rate for its main refinancing operations, in force
during the period concerned, plus two percentage points;

2.

For the rest, dismisses the application;

3. Orders the Commission to pay the costs.

( 1) OJ C 245 of 1.9.2001.

of 3 October 2002

in Case T-6/02: Michael Gerhard Franz Platte v Com-
mission of the European Communities (1)

(Officials — Appointment — Classification in grade —
Article 31(2) of the Staff Regulations)

(2002/C 323/55)

(Language of the case: French)

In Case T-6/02: Michael Gerhard Franz Platte, an official of the
Commission of the European Communities, residing in Tielt-
Winge, Belgium, represented by X. De Kesel and S. Peeters,
lawyers, against Commission of the European Communities
(Agent: V. Joris and C. Berardis-Kayser) — application for
annulment of the Commission’s decision of 31 January 2001
definitively classifying the applicant in grade C 5, step 3 — the
Court of First Instance (Single Judge); B. Pastor, Deputy
Registrar, gave a judgment on 3 October 2002, in which it:

1. Dismissed the application;

2. Ordered each of the parties to bear its own costs.

(1) OJ C 84 of 6.4.02.

ORDER OF THE COURT OF FIRST INSTANCE

of 30 September 2002

in Case T-25/01: Francisco Miguel França v Commission
of the European Communities (1)

(Officials — Special leave for voting — Travelling time —
Supporting evidence — Lack of jurisdiction — Duty of
cooperation and fairness — Principle of proportionality —
Action manifestly devoid of any basis in law)

(2002/C 323/56)

(Language of the case: Portuguese)

In Case T-25/01: Franciso Miguel Viana França, an official of
the Commission of the European Communities, residing in
Brussels, represented by G. Gentil Anastácio, lawyer, against

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.