Order of the Court of First Instance of 1 April 2003 in Case T-12/01: Cristina Ascatigno Battistella v Commission of the European Communities (Contract as a member of the temporary staff — Admissibility — Act adversely affecting an official — Compliance with time-limits under the Staff Regulations — Second renewal of a contract as a member of the temporary staff — Articles 2(d), 8 and 47 of the CEOS)
Date: 2003-06-07
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), servant (EU), work contract

7.6.2003

EN

Official Journal of the European Union

C 135/29

ORDER OF THE COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

of 1 April 2003

of 1 April 2003

in Case T-12/01: Cristina Ascatigno Battistella v Com-
mission of the European Communities (1)

in Case T-13/01: Daniele Riva v Commission of the
European Communities (1)

(Contract as a member of the temporary staff — Admissi-
bility — Act adversely affecting an official — Compliance
with time-limits under the Staff Regulations — Second
renewal of a contract as a member of the temporary staff —
Articles 2(d), 8 and 47 of the CEOS)

(Contract as a member of the temporary staff — Admissi-
bility — Act adversely affecting an official — Compliance
with time-limits under the Staff Regulations — Second
renewal of a contract as a member of the temporary staff —
Articles 2(d), 8 and 47 of the CEOS)

(2003/C 135/46)

(2003/C 135/47)

(Language of the case: Italian)

(Language of the case: Italian)

In Case T-12/01: Cristina Ascatigno Battistella, a former
member of the temporary staff of the Commission of the
European Communities, residing in Verghera di Samarate
(Italy), represented by B. Nascimbene and M. Condinanzi,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: F. Clo-
tuche-Duvieusart and A. Dal Ferro) — application for annul-
ment of the decision of 28 September 2000 by which the
authority empowered to conclude contracts of employment
rejected the complaint lodged by the applicant seeking a
declaration that the employment relationship which bound
her to the Commission was a relationship of indefinite period
under a contract as a member of the temporary staff pursuant
to Article 2(d) of the Conditions of Employment of other
Servants, renewed on more than one occasion with the effects
referred to in the last paragraph of Article 8 of those conditions
— the Court of First Instance (Fifth Chamber), composed of
R. García-Valdecasas, President of the Chamber, P. Lindh and
J.D. Cooke, Judges; H. Jung, Registrar, made an order on
1 April 2003, the operative part of which is as follows:

In Case T-13/01: Daniele Riva, a former member of the
temporary staff of the Commission of the European Communi-
ties, residing in Leggiuno (Italy), represented by B. Nascimbene
and M. Condinanzi, lawyers, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: F. Clotuche-Duvieusart and A. Dal Ferro) —
application for annulment of the decision of 28 September
2000 by which the authority empowered to conclude contracts
of employment rejected the complaint lodged by the applicant
seeking a declaration that the employment relationship which
bound her to the Commission was a relationship of indefinite
period under a contract as a member of the temporary staff
pursuant to Article 2(d) of the Conditions of Employment of
other Servants, renewed on more than one occasion with the
effects referred to in the last paragraph of Article 8 of those
conditions — the Court of First Instance (Fifth Chamber),
composed of R. García-Valdecasas, President of the Chamber,
P. Lindh and J.D. Cooke, Judges; H. Jung, Registrar, made an
order on 1 April 2003, the operative part of which is as
follows:

1.

The action is dismissed as inadmissible.

1.

The action is dismissed as inadmissible.

2.

The parties are to bear their own costs.

2.

The parties are to bear their own costs.

( 1) OJ 2001 C 95.

(1) OJ 2001 C 95.