Judgment of the Court of First Instance of 23 January 2003 in Case T-53/00: Serena Angioli v Commission of the European Communities (Officials — Action for annulment — Internal competition for the establishment of members of the temporary staff — Non-inclusion on the list of suitable candidates — Confidentiality of the work of the selection board)
Date: 2003-03-22
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU), equal treatment, power to appoint

C 70/20

EN

Official Journal of the European Union

22.3.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 January 2003

of 15 January 2003

in Case T-53/00: Serena Angioli v Commission of the
European Communities (1)

In Joined Cases T-377/00, T-379/00, T-380/00, T-260/01
and T-272/01: Philip Morris International Inc. and Others
v Commission of the European Communities (1)

(Officials — Action for annulment — Internal competition
for the establishment of members of the temporary staff
— Non-inclusion on the list of suitable candidates —
Confidentiality of the work of the selection board)

(Decision to bring legal proceedings before a court in a non-
Member State — Action for annulment — Concept of
decision for the purposes of the fourth paragraph of
Article 230 EC — Admissibility)

(2003/C 70/31)

(Language of the case: French)

(2003/C 70/32)

(Language of the case: English)

In Case T-53/00: Serena Angioli, residing in Brussels, represent-
ed by G. Vandersanden and L. Levi, avocats, with an address for
service in Luxembourg, against Commission of the European
Communities (Agent: C. Berardis-Kayser) — application for
annulment of the Commission’s decision of 28 May 1999 not
to include the applicant on the list of suitable candidates in
Internal Competition COM/TA/2/98 for the establishment of
members of the temporary staff, and for annulment of all
subsequent measures taken by the selection board for the
competition and by the appointing authority — the Court
of First Instance (Fifth Chamber), composed of: R. García-
Valdecasas, President, P. Lindh and J. D. Cooke,
Judges;
J. Palacio González, Principal Administrator, for the Registrar,
has given a judgment on 23 January 2003, the operative part
of which is as follows:

1.

The application is dismissed;

2.

The parties shall bear their own costs.

( 1) OJ C 135 of 13.5.00.

In Joined Cases T-377/00, T-379/00, T-380/00, T-260/01 and
T-272/01, Philip Morris International, Inc., established in Rye
Brook, New York (United States), represented by É. Morgan de
Rivery and J. Derenne, lawyers, with an address for service in
Luxembourg, applicant
in Cases T-377/00 and T-272/01,
R. J. Reynolds Tobacco Holdings, Inc., established in Winston-
Salem, North Carolina (United States), RJR Acquisition Corp.,
established in Wilmington, New Castle, Delaware (United
States), R. J. Reynolds Tobacco Company, established in Jersey
City, New Jersey (United States), R.
J. Reynolds Tobacco
Inc., established in Dover, Kent, Delaware
International,
(United States),
represented by P. Lomas, Solicitor, and
O. Brouwer, Lawyer, with an address for service in Luxem-
bourg, applicants in Cases T-379/00 and T-260/01, Japan
Tobacco, Inc., established in Tokyo (Japan), represented by
P. Lomas, Solicitor, and O. Brouwer, Lawyer, with an address
in Case T-380/00, v
for service in Luxembourg, against
Commission of the European Communities (Agents: initially
X. Lewis and C. Ladenburger, and, subsequently, C. Docksey
and Ladenburger), supported by European Parliament (Agents:
R. Passos and A. Baas), Kingdom of Spain (Agent: R. Silva de
Italian
Lapuerta), French Republic (Agent: G. de Bergues),
Republic (Agent: U. Leanza), Portuguese Republic (Agents:
L. Fernandes and Â. Cortesão de Seiça Neves), Republic of
Finland (Agents: T. Pynnä and E. Bygglin), in Cases T-377/
00, T-379/00, T-380/00, T-260/01 and T-272/01, Federal
Republic of Germany (Agents: W.-D. Plessing and M. Lumma),
Hellenic Republic (Agent: V. Kontolaimos), in Cases T-260/01
and T-272/01, Kingdom of the Netherlands (Agents: in Cases
T-260/01 and T-272/01, H. Sevenster and, in Case T-379/00,
Sevenster and J. van Bakel): Applications for annulment of two
decisions by the Commission to commence legal proceedings
against the applicants before a federal court in the United