Judgment of the Court of First Instance of 12 December 2002 in Joined Cases T-338/00 and T-376/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages)
Date: 2003-02-22
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), appointment of staff, regulations for civil servants, staff assessment

22.2.2003

EN

Official Journal of the European Union

C 44/25

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 December 2002

in Case T-249/00: Paul Edwin Hoyer v Commission of the
European Communities (1)

(Members of the temporary staff — Termination of contract
— Calculation of notice — Leave not taken)

(2003/C 44/45)

(Language of the case: Dutch)

In Case T-249/00: Paul Edwin Hoyer, a former member of
the temporary staff of the Commission of the European
Communities, residing in Hoeilaart (Belgium), represented by
G. van der Wal,
lawyer, with an address for service in
Luxembourg, against the Commission of the European Com-
munities (Agents: initially G. Valsesia and C. Van der Hauwaert,
and subsequently F. Clotuche-Duvieusart and H.M.H. Speyart)
— application for
the Commission’s
the annulment of
decisions of 14 June 2000 concerning the calculation of the
final date of notice when the applicant’s contract as a member
of the temporary staff was terminated (Decision No R/78/
2000) and determining the number of days’ leave not taken
when he left (Decision No R/26/2000 — the Court of First
Instance (Fourth Chamber), composed of: M. Vilaras, President,
V. Tiili and P. Mengozzi, Judges; J. Palacio González, Principal
Administrator, for the Registrar, gave a judgment on 5 Decem-
ber 2002, the operative part of which is as follows:

1.

2.

The application is dismissed.

The parties will bear their own costs.

( 1) OJ C 355 of 9.12.2000.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

in Joined Cases T-338/00 and T-376/00: Carmelo Morello
v Commission of the European Communities (1)

(Officials — Procedure for filling vacant posts — Statement
of reasons — Comparative examination of applicants and
equal treatment of officials — Actions for annulment —
Actions for damages)

(2003/C 44/46)

(Language of the case: French)

residing in Brussels, represented by J. Sambon and P.-P. Van
Gehuchten, Lawyers, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: C. Berardis-Kayser and D. Waelbroeck) — application
for annulment of the Commission’s decision not to appoint
the applicant to the post of Head of Unit 2 ‘Motor vehicles and
other means of transport’ within Directorate F ‘Consumer
goods and capital goods industries’ within the Directorate-
General for Competition (COM/113/99) and of its decision to
appoint a different applicant to the post and an application for
damages — the Court of First Instance (Third Chamber),
composed of M. Jaeger, President, and K. Lenaerts and J. Azzizi,
Judges; J. Palacio González, Principal Administrator, for the
Registrar, gave a judgment on 12 December 2002, in which it:

1.

Joined Cases T-338/00 and T-376/00;

2. Dismissed the action in Case T-376/00 as inadmissible;

3.

In case T-338/00 ordered the Commission to pay the applicant
the sum of EUR 2 500;

4. Dismissed the remainder of the action in Case T-338/00;

5. Ordered each of the parties in Case T-376/00 to bear their

own costs;

6. Ordered the Commission to bear the costs in Case T-338/00.

(1) OJ C 372 of 23.12.2000 and C 61 of 24.2.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 12 December 2002

in Case T-378/00: Carmelo Morello v Commission of the
European Communities (1)

(Officials — Procedure for filling vacant posts — Statement
of reasons — Comparative examination of applicants and
equal treatment of officials — Actions for annulment —
Actions for damages)

(2003/C 44/47)

(Language of the case: French)

In Joined Cases T-338/00 and T-376/00: Carmelo Morello, an
official of the Commission of the European Communities,

In Case T-378/00: Carmelo Morello, an official of the Com-
mission of the European Communities, residing in Brussels,
represented by J. Sambon and P.-P. Van Gehuchten, Lawyers,