Judgment of the Court of First Instance of 30 September 2003 in Case T-302/02 Michael Kenny v Court of Justice of the European Communities (Officials — Appointment — Discretion of the appointing authority — Interests of the service)
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, European official, action for annulment (EU), appointment of staff, press, reassignment, staff assessment

C 289/22

EN

Official Journal of the European Union

29.11.2003

3. Dismisses the remainder of the application.

JUDGMENT OF THE COURT OF FIRST INSTANCE

4. Orders the Parliament to bear its own costs and to pay half of

of 17 September 2003

the costs incurred by the applicant.

5. Orders the applicant to bear one half of her own costs.

(1) OJ 2002 C 219 of 14.09.02.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 September 2003

In Case T-221/02 Giorgio Lebedef and Others against the
Commission of the European Communities (1)

(Officials — Pay — Travelling expenses — Method of
calculation)

(2003/C 289/46)

(Language of the case: French)

In Case T-221/02: Giorgio Lebedef, an official of the Com-
mission of the European Communities, resident in Senningen-
berg (Luxembourg), and 63 other officials, 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 V. Joris) — application
for annulment of the Commission’s decision changing, with
effect from 1996 or 1997, the procedure for calculating the
annual expense of travelling to Greece in respect of the journey
via Brindisi and annulment of the applicants’ reimbursement
statements implementing that decision — the Court of First
Instance (Third Chamber), composed of K. Lenaerts, President,
J. Azizi and M. Jaeger, Judges; J. Plingers, Administrator, has
given a judgment on 18 September 2003 in which it:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 247 of 12 October 2002.

in Case T-233/02: Charis Alexandratos and Maria Pana-
giotou v Council of the European Union (1)

(Officials — Action for annulment — Open competition —
Decision of the selection board refusing admission to the
oral tests — Scope of the obligation to state reasons —
Scope of judicial review — Compliance with the rules
governing the deliberations of the selection board)

(2003/C 289/47)

(Language of the case: Greek)

In Case T-233/02, Charis Alexandratos and Maria Panagiotou,
residing in Brussels (Belgium), represented by C. Tagaras,
lawyer, v Council of the European Union, (Agents: F. Anton
and D. Zahariou) — application for annulment of the decision
of the selection board in the Council’s open competition A/
393 (2000/C98 A/02) refusing to admit the applicants to the
oral tests for that competition, — the Court of First Instance
(Fourth Chamber), composed of V. Tiili, President of the
Chamber, P. Mengozzi and M. Vilaras,
Judges; Registrar:
I. Natsinas, Administrator, delivered a judgment on 17 Septem-
ber 2003, the operative part of which is as follows:

1.

2.

The action is dismissed.

Each party shall bear its own costs.

(1) OJ 2002 C 233 of 28.9.02.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2003

in Case T-302/02 Michael Kenny v Court of Justice of the
European Communities (1)

(Officials — Appointment — Discretion of the appointing
authority — Interests of the service)

(2003/C 289/48)

(Language of the case: French)

In Case T-302/02 Michael Kenny, an official of the Court of
Justice of the European Communities, residing at Roodt-sur-
Syre (Luxembourg), represented by G. Vandersanden and

29.11.2003

EN

Official Journal of the European Union

C 289/23

L. Levi, avocats, against the Court of Justice of the European
Communities (Agent: M. Schauss) — application for annul-
ment of the decision of the appointing authority of 11 March
2002 rejecting the applicant’s candidature for the adminis-
trator’s post referred to in notice of vacancy CJ 62/01 — the
Court of First Instance (Fourth Chamber), composed of V. Tiili,
President, P. Mengozzi and M. Vilaras, Judges; D. Christensen,
Administrator, Registrar, has given a judgment on 30 Septem-
ber 2003 in which it:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 305 of 7 December 2002.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 1 August 2003

in Case T-198/01 R Technische Glaswerke Ilmenau GmbH
v Commission of the European Communities

(Proceedings for interim measures — State aid — Obligation
to recover aid — Prima facie case — Urgency — Weighing
up of interests — Exceptional circumstances — Provisional
suspension)

ORDER OF THE COURT OF FIRST INSTANCE

of 3 July 2003

in Case T-10/01: Lichtwer Pharma AG v Office for
Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) (1)

(Community trade mark — Opposition — Opposition
withdrawn — No need to adjudicate)

(2003/C 289/49)

(Language of the case: German)

In Case T-10/01, Lichtwer Pharma AG, established in Berlin,
represented by H.P. Kunz-Hallstein and R. Kunz-Hallstein,
lawyers, v Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) (Agents: O. Walbroeck and
G. Schneider), Biofarma, formerly Orsem SARL, established in
Neuilly-sur-Seine (France), represented by V. Gil Vega and
A. Ruiz López, lawyers: Appeal against the decision of the
Second Board of Appeal of the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) of 8 November
2000 (Case R 586/1999-2) relating to opposition proceedings
between Lichtwer Pharma AG and Biofarma, the Court of First
Instance (Second Chamber), composed of: N.J. Forwood,
President, J. Pirrung and A.W.H. Meij, Judges; H. Jung, Registrar,
has made an order on 3 July 2003, the operative part of which
is as follows:

1.

2.

There is no need to adjudicate.

The applicant and the intervener must be ordered to bear their
own costs and to pay the costs incurred by the defendant.

(1) OJ C 161 of 2.6.2001.

(2003/C 289/50)

(Language of the case: German)

In Case T-198/01 R: Technische Glaswerke Ilmenau GmbH,
established at Ilmenau, (Germany), represented by G. Schohe
and C. Arhold,
lawyers, with an address for service in
Luxembourg, against Commission of the European Communi-
ties (Agents: V. Di Bucci and V. Kreuschitz), supported by
Schott Glas, established at Mainz (Germany), represented by
U. Soltész, lawyer — application for extension of the suspen-
sion of the operation, ordered in this case by order of the
President of the Court of First Instance of 4 April 2002, of
Article 2 of Commission Decision 2002/185/EC of 12 June
2001 on State aid implemented by Germany for Technische
Glaswerke Ilmenau GmbH (OJ 2000 L 62, p. 30) — the
President of the Court of First Instance has made an order on
1 August 2003 in which he:

1.

Suspends the operation until 17 February 2004 of Article 2 of
Commission Decision 2002/185/EC of 12 June 2001 on
State aid C 44/2001 implemented by Germany for Technische
Glaswerke Ilmenau GmbH;

2. Makes that suspension subject to the following conditions: first,
that the four conditions laid down in the second point of the
operative part of the order made today in Case T-378/02 R
should be satisfied by the applicant, especially as regards the
dates fixed therein; second, that the applicant should before
31 December 2003 at the latest repay to the Bundesanstalt für
Vereinigungsbedingte Sonderaufgaben an additional sum of
EUR 256 000 and that it should lodge at the Registry of the
Court of First Instance and at the Commission, within one week
of making that payment, and by 7 January 2004 at the latest,
written proof of that payment; third, that it should lodge at the
Registry of the Court of First Instance and at the Commission,
by 6 February 2004 at the latest, a detailed report drawn up
by an accountant on its financial situation at 31 December
2003 and, in particular, the additional sum which it would be
able to pay by 30 June 2004 at the latest, if judgment in the
case in the main proceedings should not have been given by
that lastmentioned date.