Judgment of the Court of First Instance of 17 July 2003 in Case T-81/02 Margot Wagemann-Reuter v Court of Auditors of the European Communities (Staff case — Leave on personal grounds — Vacant post — Upgrading of post — Reinstatement)
Date: 2003-09-20
Institutions: Court of First Instance
Subjects: European Court of Auditors, action for annulment (EU), information profession, job vacancy, promotion, regulations for civil servants, supervisor, translation

C 226/16

EN

Official Journal of the European Union

20.9.2003

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 June 2003

in Case T-385/00 Jean-Paul Seiller v European Investment
Bank (1)

(European Investment Bank — Staff — Admissibility —
Clarity of the application — Confirmatory act — Action
brought late — Previous conciliation procedure — Pension
rights — Luxembourg law — Settlement — Fraudulent mis-
representation)

(2003/C 226/32)

(Language of the case: French)

for

In Case T-385/00 Jean-Paul Seiller, residing in Luxembourg,
represented by D. Chouanier and L. Thielen,
lawyers, with
service in Luxembourg, against European
an address
Investment Bank (Agents: E. Uhlmann, C. Gómez de la Cruz
and P. Mousel) — application for payment of the sum of
LUF 4779652, together with interest, due to him in respect of
his pension rights — the Court of First Instance (Fifth Chamber),
composed of R. García-Valdecasas, President, and P. Lindh and
J.D. Cooke,
the
Registrar, has given a judgment on 17 June 2003 in which it:

Judges; D. Christensen, Administrator,

for

of

the

European Communities

represented by D. Voillemot and O. Prost, lawyers, supported
by the Kingdom of Spain (Agent: L. Fraguas Gadea), against
Commission
(Agents:
V. Kreuschitz, S. Meany and A.P. Bentley), supported by TNC
Kazchrome, established in Almaty (Kazakhstan) and by Alloy
2000 SA, established in Strassen (Luxembourg), represented by
J. Flynn, J. Magnin and S. Mills — application for partial annul-
ment of Commission Decision 2001/230/EC of 21 February
2001 terminating the anti-dumping proceeding concerning
the People's
ferro-silicon originating in Brazil,
imports of
Republic of China, Kazakhstan, Russia, Ukraine
and
Venezuela (OJ 2001 L 84, p. 36) in so far it concerns imports
originating in the People's Republic of China, Russia, Ukraine
and Kazakhstan — the Court of First
Instance (Second
Chamber, Extended Composition), composed of N.J. Forwood,
President, J. Pirrung, P. Mengozzi, A.W.H. Meij and M. Vilaras,
Judges; Registrar: J. Palacio Gonzalez, Principal Administrator,
has given a judgment on 8 July 2003, in which it:

1. Dismissed the action;

2. Ordered the applicants to bear their own costs and, jointly and
severally, those incurred by the Commission and by the interve-
ners TNC Kazchrome and Alloy 2000, including the costs of the
interlocutory proceedings;

3. Ordered the Kingdom of Spain, intervener, to bear its own costs.

1. Dismisses the application;

2. Orders the applicant to bear his own costs and to pay those

incurred by the EIB.

(1) OJ No C 227 of 11.8.01.

(1) OJ C 61 of 24 February 2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 July 2003

in Case T-132/01: Euroalliages and Others v Commission
of the European Communities (1)

(Dumping — Decision terminating expiry review —
Community interest — Application for annulment)

(2003/C 226/33)

(Language of the case: French)

established in Brussels
In Case T-132/01: Euroalliages,
(Belgium),
in
Péchiney
Courbevoie (France), Vargön Alloys AB, established in Vargön
(Sweden), Ferroatlántica, SL, established in Madrid (Spain),

électrométallurgie,

established

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 July 2003

in Case T-81/02 Margot Wagemann-Reuter v Court of
Auditors of the European Communities (1)

(Staff case — Leave on personal grounds — Vacant post —
Upgrading of post — Reinstatement)

(2003/C 226/34)

(Language of the case: French)

In Case T-81/02 Margot Wagemann-Reuter, an official of the
Court of Auditors of the European Communities, residing in
lawyer, with an
Luxembourg, represented by M.-A. Lucas,
address for service in Luxembourg, against
the Court of
Auditors of the European Communities (Agents: originally,
later J.-M. Stenier,
J.-M. Stenier, P. Giusta and B. Schäfer,
M. Bavendam and I. Riagáin) — application for,
first,

20.9.2003

EN

Official Journal of the European Union

C 226/17

annulment of the implied decision of the Court of Auditors
rejecting the applicant's request for reinstatement following
leave on personal grounds of 22 January 2001, and the Court
of Auditors" decision of 12 December 2001 rejecting the com-
plaint lodged by the applicant on 14 August 2001 and, second,
compensation for material and non-material loss allegedly suf-
fered by the applicant, — the Court of First Instance (R. García-
Valdecasas, single Judge);
J. Plingers, Administrator, for the
Registrar, has given a judgment on 17 July 2003, in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ No C 131 of 1 June 2002.

ORDER OF THE COURT OF FIRST INSTANCE

of 25 June 2003

in Case T-287/02 Asian Institute of Technology v
Commission of the European Communities (1)

(Action for annulment — Decision to conclude a research
contract — Time-limit — Inadmissible)

(2003/C 226/35)

(Language of the case: French)

against

In Case T-287/02: Asian Institute of Technology (AIT), whose
registered office is at Pathumthani (Thailand), represented by
lawyer, with an address for service in
H. Teissier du Cros,
Luxembourg,
European
of
Commission
Communities (Agents: P. Kuijper and B. Schöfer) — application
for annulment of the decision of the Commission of 4 July
2000 to conclude a research contract under the ‘Asia-Invest’
programme with the Center for Energy-Environment Research
and Development — the Court of First
Instance (Fifth
Chamber),
composed of R. Garcia-Valdecasas, President,
P. Lindh and J.D. Cooke, Judges; H. Jung, Registrar, has given
a judgment on 25 June 2003, in which it:

the

1. Dismisses the application as inadmissible.

2. Orders the applicant to pay its own costs and those incurred by

the Commission.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 15 May 2003

in Case T-47/03 R: Jose Maria Sison v Council of the
European Union

(Interlocutory proceedings — Restrictive measures with a
view to combating terrorism — Freezing of funds —
Disallowance of benefits — Partial inadmissibility of the
orders sought — Urgency — Absence)

(2003/C 226/36)

(Language of the case: English)

In Case T-47/03 R, Jose Maria Sison, resident in Utrecht (the
Netherlands), represented by J. Fermon, A. Comte, H.E. Schultz,
D. Gurses, T. Olsson and J. Lamchek, lawyers, against Council
of
and
the European Union (Agents: M. Vitsentzatos
M. Bishop): Application for, first, an order suspending the
operation of Decision 2002/974/EC implementing Article 2
(3) of Regulation No 2580/2001 on specific restrictive mea-
sures directed against certain persons and entities with a view
to combating terrorism and repealing Decision 2002/848/EC
(OJ 2002 L 337, p. 85) in so far as it mentions the name of the
applicant, second, an order requesting the Council not to
in any new decision implementing
include the applicant
Article 2(3) of Regulation No 2580/2001 and, third, an order
requesting the Council to inform all Member States that the
restrictive measures adopted in relation to the applicant have
no legal basis, the President of the Court of First Instance made
an order on 15 May 2003, the operative part of which is as
follows:

1. The application for interim relief is dismissed;

2. Costs are reserved.

ORDER OF THE COURT OF FIRST INSTANCE

of 16 May 2003

in Case T-140/03: Forum 187 ASBL v Commission of the
European Communities (1)

(Declining of jurisdiction)

(2003/C 226/37)

(Language of the case: English)

(1) OJ C 289, 23.11.2002.

In Case T-140/03, Forum 187 ASBL, represented by A. Sutton
and J. Killick, Barristers, v Commission of
the European
Communities (Agents: V. Di Bucci, R. Lyal and G. Rozet):