Judgment of the Court of First Instance of 10 April 2003 in Joined Cases T-93/00 and T-46/01: Alessandrini Srl and Others v Commission of the European Communities (Bananas — Third-country imports — Regulation (EC) No 2362/98 — Import licences for bananas from ACP countries — Measures under Article 20(d) of Regulation (EEC) No 404/93 — Action for annulment — Action for compensation)
Date: 2003-06-07
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), import (EU), import licence, tropical fruit

7.6.2003

EN

Official Journal of the European Union

C 135/23

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 27 March 2003

of 10 April 2003

in Case T-33/00: Natalia Martínez Páramo and Others v
Commission of the European Communities (1)

(Officials — Competition — Selection board — Decision of
the selection board not admitting candidate to oral tests —
Scope of obligation to provide reasons — Scope of judicial
review — Requests for reexamination of marking — Com-
pliance with rules governing the work of selection boards —
Manifest error)

in Joined Cases T-93/00 and T-46/01: Alessandrini Srl and
Others v Commission of the European Communities (1)

(Bananas — Third-country imports — Regulation (EC)
No 2362/98 — Import licences for bananas from ACP
countries — Measures under Article 20(d) of Regulation
(EEC) No 404/93 — Action for annulment — Action for
compensation)

(2003/C 135/33)

(Language of the case: French)

In Case T-33/00: Natalia Martínez Páramo, residing in Brussels,
Anna Sodro, residing in Sterrebeek (Belgium), Ines van Lierde,
residing in Beersel (Belgium), Jean-Martial Marenne, residing in
Brussels, Ron Moys, residing in West Mallins, Kent (United
Kingdom) and Michel Horgan, residing in Brussels, represented
by É. Boigelot, lawyer, with an address for service in Luxem-
bourg, against Commission of the European Communities
(Agents: G. Valsesia and F. Clotuche-Duvieusart) — application
for annulment of the decisions of the chairman of the selection
board for internal competitions to establish members of the
temporary staff (COM/TA/2/98 and COM/TB/2/98) not to
admit the applicants to the oral tests in those competitions
after requests for reexamination of the marking of the written
tests in those competitions were submitted by the applicants
— 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, gave a judgment on 27 March 2003, in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

( 1) OJ 2000 C 135.

(2003/C 135/34)

(Language of the case: Italian)

In Joined Cases T-93/00 and T-46/01, Alessandrini Srl,
established in Treviso (Italy), Anello Gino di Anello Luigi & C.
Snc, established in Brescia (Italy), Arpigi Spa, established in
Padua (Italy), Bestefruit Srl, established in Milan (Italy), Co-
Frutta SpA, established in Padua, Co-Frutta Soc.coop.arl,
established in Padua, Dal Bello SIFE Srl, established in Padua,
Frigofrutta Srl, established in Palermo (Italy), Garletti Snc,
established in Bergamo (Italy), London Fruit Ltd, established in
London (United Kingdom), represented by W. Viscardini
Donà and G. Donà, lawyers, with an address for service in
Luxembourg, v Commission of the European Communities
(Agents: L. Visaggio, C. Van der Hauwaert, A. Dal Ferro and
G. Braun): Application, in Case T-93/00, for annulment of
Commission letter No 02418 of 26 January 2000 and for
compensation for damage allegedly suffered due to that act
and, in Case T-46/01, for annulment of Commission letter
No AGR 030905 of 8 December 2000 and for compensation
for damage allegedly suffered due to that act, the Court of First
Instance (Fifth Chamber), composed of: R. García-Valdecasas,
President, P. Lindh and J.D. Cooke, Judges; B. Pastor, Deputy
Registrar, has given a judgment on 10 April 2003, in which it:

1. Dismisses the applications in Joined Cases T-93/00 and T-46/

01;

C 135/24

EN

Official Journal of the European Union

7.6.2003

2. Orders the applicants to pay their own costs and those of the

JUDGMENT OF THE COURT OF FIRST INSTANCE

Commission in Joined Cases T-93/00 and T-46/01.

( 1) OJ C 176 of 24.6.2000 and C 134 of 5.5.2001.

of 3 April 2003

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 April 2003

in Case T-342/00: Petrolessence SA and Société de gestion
de restauration routière SA (SG2R) v Commission of the
European Communities (1)

(Competition — Regulation (EEC) No 4064/89 — Decision
declaring a merger compatible with the common market —
Petroleum sector — Commitments — Decision refusing
approval of transferees — Inadmissibility — Definitive
binding act — Infringement of essential procedural require-
time-limits for reply — Error of
ments — Procedural
assessment)

in Case T-195/00: Travelex Global and Financial Services
Ltd and Interpayment Services Ltd v Commission of the
European Communities (1)

(2003/C 135/36)

(Non-contractual liability — Directive 89/104/EEC — Trade
marks — Official euro symbol)

(Language of the case: French)

(2003/C 135/35)

(Language of the case: English)

In Case T-195/00, Travelex Global and Financial Services Ltd,
formerly Thomas Cook Group Ltd, established in London
(United Kingdom), Interpayment Services Ltd, established in
London, represented by C. Delcorde and D. Alexander, lawyers,
with an address for service in Luxembourg, v Commission of
the European Communities (Agents: K. Banks and R. Z. Swift):
Application for compensation for the damage allegedly caused
to the applicants by the Commission’s adoption, use and
promotion of the official euro symbol, which is allegedly
substantially identical to a graphic trade mark registered by
the applicants, the Court of First Instance (Fifth Chamber),
composed of: J.D. Cooke, President, R. García-Valdecasas and
P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 10 April 2003, in which it:

1. Dismisses the action;

2. Orders the applicants to pay the costs.

( 1) OJ C 302 of 21.10.2000.

In Case T-342/00: Petrolessence SA, established in Nancy
(France), Société de gestion de restauration routière SA (SG2R),
established in Nancy, represented by F. Puel and M. Troncoso
Ferrer, avocats, with an address for service in Luxembourg,
against Commission of the European Communities (Agents:
W. Mölls, F. Siredey-Garnier and F. Lelièvre), supported by
French Republic (Agents: G. de Bergues and F. Million) —
application for the annulment of the Commission decision
of 13 September 2000 rejecting TotalFina Elf’s proposal
concerning approval of the applicants as transferees of six
motorway service stations — the Court of First Instance (Fifth
Chamber), composed of J.D. Cooke, President, R. García-
Valdecasas and P. Lindh, Judges; B. Pastor, Deputy Registrar,
for the Registrar, has given a judgment on 3 April 2003, in
which it:

1. Dismisses the application as unfounded;

2. Orders the applicants to bear their own costs and pay those of
the Commission, including the costs relating to the application
for interim relief.

(1) OJ C 4 of 6.1.01.