Judgment of the Court of First Instance of 22 May 2003 in Case T-249/01: Marc Boixader Rivas against European Parliament (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
Date: 2003-07-19
Institutions: Court of First Instance
Subjects: Council of the European Union, European Parliament, action for annulment (EU), competition (EU), engineer, equivalence of diplomas

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,

C 171/24

EN

Official Journal of the European Union

19.7.2003

D. Lopez Garrido,
lawyer, with an address for service in
Luxembourg, against European Parliament (Agents: M. Gòmez
Leal and J.F. De Wachter) — application for annulment, first,
of the decision of 27 June 2001 of the selection board for
Competition PE/90/A not to admit the applicant to that
competition and, second, of
the notice relating to that
competition — the Court of First Instance (Second Chamber),
J. Pirrung and
composed of N.J. Forwood, President,
A.W.H. Meij, Judges; B. Pastor, Deputy Registrar; has given a
judgment on 22 May 2003 in which it:

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 May 2003

in Case T-327/01: Luciano Lavagnoli against Commission
of the European Communities (1)

(Officials — Delay in drawing up staff report — Action for
damages)

1. Dismisses the application;

2. Orders the parties to bear their own costs.

( 1) OJ C 3, 5. 1. 2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 May 2003

in Case T-278/01: Eric den Hamer against Commission of
the European Communities (1)

(Officials — Staff report — Action for annulment — Action
for damages)

(2003/C 171/38)

(Language of the case: French)

In Case T-327/01: Luciano Lavagnoli, official of the Com-
mission of the European Communities, residing in Berchem
(Luxembourg), represented by G. Bounéou and F. Frabetti,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Currall
and L. Lozano Palacios) — application for payment of damages
in compensation for non-material damage caused by the delay
in drawing up a definitive staff report for the period 1 July
1997 to 30 June 1999 — the Court of First
Instance
J. Palacio González, Principal
(single judge: Mr Pirrung);
Administrator, for the Registrar; has given a judgment on
7 May 2003 in which it:

1. Orders the Commission to pay the applicant

the sum of

EUR 2 000;

2. Dismisses the remainder of the application;

(2003/C 171/37)

3. Orders the Commission to pay the costs.

(Language of the case: French)

(1) OJ C 56, 2. 3. 2002.

In Case T-278/01: Eric den Hamer, official of the Commission
of the European Communities, residing in Malines (Belgium),
represented by N. Lhoëst, lawyer, with an address for service
in Luxembourg, against Commission of the European Com-
munities (Agents: C. Berardis-Kayser and A. Dal Ferro) —
application, first, for annulment of the decision adopting the
staff report of the applicant for the period 1995-1997 and,
second, for payment of damages in compensation for damage
caused inter alia by the delay in drawing up that report — the
Court of First Instance (single judge: Mr Pirrung); D. Christens-
en, Administrator, for the Registrar; has given a judgment on
7 May 2003 in which it:

1. Orders the Commission to pay the applicant the sum of

EUR 3 000;

2. Dismisses the remainder of the application;

3. Orders the Commission to pay the costs.

( 1) OJ C 3, 5. 1. 2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 May 2003

in Case T-179/02: Jan Pflugradt against European Central
Bank (1)

(Staff of the European Central Bank — Performance
appraisal — Action for annulment)

(2003/C 171/39)

(Language of the case: German)

In Case T-179/02: Jan Pflugradt, residing in Frankfurt am Main
(Germany), represented by N. Pflüger, with an address for
service in Luxembourg, against European Central Bank
(Agents: V. Saintot, T. Gilliams and B. Wägenbaur) — appli-
the applicant’s
cation for annulment of the appraisal of