Order of the President of the Court of First Instance of 17 October 2002 in Case T-215/02 R: Santiago Gómez-Reino v Commission of the European Communities (Procedure for interim relief — Officials — Admissibility — Act adversely affecting an official)
Date: 2003-01-25
Institutions: Court of First Instance
Subjects: ECHO, European official, action for annulment (EU), disciplinary proceedings, fact-finding mission, fraud against the EU, regulations for civil servants

25.1.2003

EN

Official Journal of the European Communities

C 19/35

ORDER OF THE COURT OF FIRST INSTANCE

of 7 October 2002

in Case T-24/01: Claire Staelen v Council of the European
Union and European Parliament (1)

(Officials — Open competition — Delegation of the appoint-
ing authority’s powers — Inadmissibility)

(2003/C 19/66)

(Language of the case: French)

In Case T-24/01: Claire Staelen, member of the temporary staff
of the European Parliament, residing in Bridel (Luxembourg),
represented by J. Choucroun,
lawyer, with an address for
service in Luxembourg, against Council of the European Union
(Agents: F. Anton and A. Pilette) and European Parliament
(Agents: J.F. De Wachter and D. Moore) — application for
annulment of the entire marking procedure in respect of the
written tests for Competition EUR/A/151/98 or, otherwise,
annulment of the decision of the selection board refusing to
admit her to the tests subsequent to test VII.A.d) and, in the
alternative, for compensation in respect of the non-material
damage allegedly suffered — the Court of First Instance (Fourth
Chamber), composed of M. Vilaras, President of the Chamber,
V. Tiili and P. Mengozzi, Judges; H. Jung, Registrar, made an
order on 7 October 2002, the operative part of which is as
follows:

1.

2.

The application in Case T-24/01 is dismissed as clearly
inadmissible in so far as it is brought against the Council.

Each of the parties shall bear its own costs in the present action
in so far as it is brought against the Council, including those
relating to the proceedings for interim relief.

( 1) OJ C 95, 24.3.2001.

lawyer, against Commission of the European Communities
(Agents: H. Tserepa-Lacombe and J. Currall) — application for,
essentially, annulment of the decision of the selection board
for internal competition COM/A/17/96 not to include the
applicant in the list of successful candidates on the ground
that he did not obtain the minimum requisite number of
marks in the oral test and seeking compensation for the
material and non-material damage allegedly suffered — the
Court of First
Instance (Second Chamber), composed of
N.J. Forwood , President, J. Pirrung and A.W.H. Meij, Judges;
H. Jung, Registrar, made an order on 21 October 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 the whole of the costs.

(1) OJ C 186, 30.6.2001.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 17 October 2002

in Case T-215/02 R: Santiago Gómez-Reino v Commission
of the European Communities

(Procedure for interim relief — Officials — Admissibility —
Act adversely affecting an official)

ORDER OF THE COURT OF FIRST INSTANCE

(2003/C 19/68)

of 21 October 2002

(Language of the case: French)

in Case T-97/01: Christos Gogos v Commission of the
European Communities (1)

(No need to give a judgment)

(2003/C 19/67)

(Language of the case: Greek)

In Case T-97/01: Christos Gogos, an official of the Commission
of the European Communities, represented by C. Tagaras,

In Case T-215/02 R: Santiago Gómez-Reino, an official of
the Commission of the European Communities, residing in
Brussels, represented by M.-A. Lucas, lawyer, against Com-
mission of the European Communities (Agents: H.P. Hartvig
and J. Currall) — application for interim measures requiring,
first, the production of certain documents, second, the suspen-
sion of a number of decisions or prohibiting decisions to be
investigations conducted by the
taken relating to internal
European Anti-Fraud Office (OLAF) and, third, the adoption of
measures under Article 24 of the Staff Regulations — the

C 19/36

EN

Official Journal of the European Communities

25.1.2003

President of the Court of First Instance made an order on
17 October 2002, the operative part of which is as follows:

1.

2.

The application for interim relief is rejected.

Costs are reserved.

In that regard, the applicant takes the view that, having failed
to adopt general rules authorising the reversal of management
duties, the Secretary General improperly adopted the contested
decision. The duties actually carried out by the applicant since
the adoption of that decision are moreover manifestly inferior
to those normally carried out by an official in Grade A 3.

Action brought on 14 October 2002 by Michel Soubies
against Commission of the European Communities

Action brought on 31 October 2002 by the Gestoras Pro
Amnistía association, Juan Mari Olano Olano and Julen
Zelarain Errasti against Council of the European Union

(Case T-325/02)

(2003/C 19/69)

(Case T-333/02)

(2003/C 19/70)

(Language of the case: French)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 14 October 2002 by Michel
Soubies, residing in Brussels, represented by Albert Coolen,
Jean-Noël Louis and Etienne Marchal, avocats.

The applicant claims that the Court should:

— annul the decision of 26 November 2001 of the Secretary
General of the Commission posting the applicant, as A
3 adviser ad personam, to Unit SG/F.2 ‘Institutional
matters’;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official
in Grade A 3, is challenging the
decision of the appointing authority to appoint him adviser ad
personam in Unit SG/F.2 ‘Institutional matters’, where the
head of unit was appointed in Grade A 5.

In support of his claims, he alleges:

— breach of the obligation to state reasons;

— breach of the procedure for filling middle-management
posts, infringement of Articles 4, 5, 27 and 29 of the
Staff Regulations and breach of the principles of good
management and sound administration and of the prin-
ciple that officials should have reasonable career pros-
pects.

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 31 October 2002 by the Gestoras Pro
Amnistía association, whose offices are in Hernani (Spain),
Juan Mari Olano Olano, residing in Gainza (Spain), and Julen
Zelarain Errasti, residing in San Sebastián (Spain), represented
by Didier Rouget, lawyer.

The applicants claim that the Court should:

— order the defendant to pay compensation amounting to
EUR 1 000 000 to the Gestoras Pro Amnistía association
and EUR 100 000 to each of the other two applicants,
Juan Mari Olano Olano and Julen Zelarain Errasti;

— find that those amounts give rise to default interest at the
rate of 4.5 % per annum with effect from the date of the
judgment of the Court of First Instance and until actual
payment is effected;

— order the defendant to bear its own costs and to pay

those incurred by the applicants.

Pleas in law and main arguments

The Gestoras Pro Amnistía association and two representatives
are seeking compensation for the damage allegedly suffered as
a result of the abovementioned association’s name having been
included in the list of terrorist persons, groups and bodies,
pursuant to Common Position 2001/931/CFSP (1), adopted on
27 December 2001, confirmed by Council Common Position
2002/340/CFSP (2), adopted on 2 May 2001, and Council
Common Position 2002/940/CFSP (3), adopted on 17 June
2002.