Judgment of the Court of First Instance of 20 May 2003 in Case T-80/01: Barbara Diehl-Leistner against Commission of the European Communities (Officials — Open competitions — Oral test — Exclusion from the list of successful candidates — Knowledge of languages of the members of the selection board — Equal treatment)
Date: 2003-07-19
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU), equal treatment, mother tongue, staff assessment

C 171/22

EN

Official Journal of the European Union

19.7.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 February 2003

in Case T-184/00: Zisis Khristou Drouvis v Commission
of the European Communities (1)

(Officials — Pensions — Weighting — Legality of
Article 82(1), second paragraph, of the Staff Regulations —
Principle of equal treatment — Principles of freedom of
movement for workers and freedom of establishment within
the Community)

(2003/C 171/31)

(Language of the case: Greek)

In Case T-184/00 Zisis Khristou Drouvis, a former official of
the Commission of the European Communities, residing in
Maroussi, Attica (Greece), represented by I. Stamoulis, lawyer,
with an address for service in Luxembourg, against the
Commission of the European Communities (Agents: J. Currall
and P. Anestis), supported by the Council of the European
Union (Agents: D. Zahariou and A. Pilette) — application
seeking the amendment of the Commission’s decision, notified
to the applicant on 30 November 1999, determining his
pension and applying the weighting for Greece, so that the
weighting applied is the same as that on pensions paid to
pensioners residing in the United Kingdom or, in the alterna-
tive, the same as that on pensions paid to pensioners residing
in Belgium — the Court of First Instance (Fourth Chamber),
composed of M. Vilaras, President, V. Tiili and P. Mengozzi,
Judges; B. Pastor, Deputy Registrar, gave a judgment on
26 February 2003, in which it:

1. Dismisses the application.

2. Orders each of the parties to bear their own costs.

3. Orders the Council to bear its own costs.

( 1) OJ No C 335 of 25.11.00.

of 7 May 2003

in Case T-23/01: Eugène Émile Marie Kimman against
Commission of the European Communities (1)

(Officials — Annual leave — Posting to a third country —
Objection of illegality)

(2003/C 171/32)

(Language of the case: French)

In Case T-23/01: Eugène Émile Marie Kimman, official of
the Commission of the European Communities, residing in
Overijse (Belgium), represented by N. Lhoëst, lawyer, with an
address for service in Luxembourg, against Commission of the
European Communities (Agents: H. Tserepa-Lacombe and
F. Clotuche-Duvieusart) — application for annulment of the
decision of 25 May 2000 by which the Commission reduced
the applicant’s annual leave for 2000 by one day — the Court
of First Instance (First Chamber), composed of B. Vesterdorf,
President, N.J. Forwood and H. Legal, Judges; D. Christensen,
Administrator, for the Registrar; has given a judgment on
7 May 2003 in which it:

1. Annuls the decision of the Commission of 25 May 2000 in so
far as it reduces the applicant’s annual leave for 2000 by one
day;

2. Orders the Commission to pay the costs.

(1) OJ C 95, 24. 3. 2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 May 2003

in Case T-80/01: Barbara Diehl-Leistner against Com-
mission of the European Communities (1)

(Officials — Open competitions — Oral test — Exclusion
from the list of successful candidates — Knowledge of
languages of the members of the selection board — Equal
treatment)

(2003/C 171/33)

(Language of the case: German)

In Case T-80/01: Barbara Diehl-Leistner, residing in Luxem-
bourg, represented by L. Thielen, lawyer, against Commission

19.7.2003

EN

Official Journal of the European Union

C 171/23

of the European Communities (Agents: C. Berardis-Kayser and
B. Wägenbaur) — application for annulment of the decision
of 17 April 2000 of the selection board for Open Competition
COM/A/12/98 not to include the applicant on the list of
successful candidates in that competition — the Court of First
Instance (Fifth Chamber), composed of R. García-Valdecasas,
President, P. Lindh and J.D. Cooke, Judges; D. Christensen,
Administrator, for the Registrar; has given a judgment on
20 May 2003 in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 April 2003

in Case T-186/01, Nicole Robert v European Parliament (1)

(Officials — Actions — Deadlines — Inadmissibility)

1. Dismisses the application;

2. Orders the parties to bear their own costs.

( 1) OJ C 186, 30. 6. 2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 May 2003

in Case T-82/01: VOF Josanne and Others v Commission
of the European Communities (1)

(Inland waterway transport — Community fleet capacity —
Conditions for putting new vessels into service (‘old-for-new’
rule) — Exemption)

(2003/C 171/34)

(Language of the case: Dutch)

In Case T-82/01, VOF Josanne, established in Papendrecht
(Netherlands), Pieter van Wijnen, resident in Papendrecht,
Adrianus Jacobus van Wijnen, resident in Papendrecht, Anigje
Veen, resident in Meerkerk (Netherlands), represented by J. van
Dam and Y. Ooykaas, lawyers, v Commission of the European
Communities (Agents: H. van Vliet and W. Wils): Application
for the annulment of Commission Decision SG (2001) D/
286100 of 9 February 2001 refusing the applicants’ request
for the exemption of the vessel Josanne from the scope of
Council Regulation (EC) No 718/1999 of 29 March 1999 on a
Community-fleet capacity policy to promote inland waterway
transport (OJ 1999 L 90, p. 1), the Court of First Instance
(Third Chamber), composed of: K. Lenaerts, President, J. Azizi
J. Plingers, Registrar, has given a
and M.
judgment on 8 May 2003, in which it has ruled:

Judges;

Jaeger,

(2003/C 171/35)

(Language of the case: French)

In Case T-186/01: Nicole Robert, an official of the European
Parliament, resident in Strassen (Luxembourg), represented by
A. Lorang, lawyer, with an address for service in Luxembourg,
against European Parliament (Agents: H. von Hertzen and
D. Moore) — application for annulment of the decision of the
Parliament not to promote the applicant to Grade B 1 in the
promotion year 1999 — the Court of First Instance (Fifth
Chamber), composed of R. García-Valdecasas, President, and
P. Lindh and J.D. Cooke, Judges; J. Plingers, Administrator, for
the Registrar, has given a judgment on 10 April 2003, in
which it:

1. Dismisses the application as inadmissible;

2. Orders each of the parties to bear its own costs.

(1) OJ C 317 of 10.11.01.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 22 May 2003

in Case T-249/01: Marc Boixader Rivas against European
Parliament (1)

(Officials — Competitions — Notice — Conditions for
admission — Licenciatura degree or equivalent — Degree in
technical engineering — Knowledge of a second official
language — Evidence — Action for annulment — Decision
of the selection board — Objection of illegality of the notice
of competition

1. Dismisses the application;

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

the Commission.

(2003/C 171/36)

(Language of the case: Spanish)

( 1) OJ C 186 of 30.6.2001.

In Case T-249/01: Marc Boixader Rivas, technical engineer, of
represented by
Spanish nationality,

residing in Madrid,