Judgment of the Court of First Instance of 30 September 2003 in Case T-214/02, María-Angeles Martínez Valls v European Parliament (Community officials — Competition — Non-admission to oral tests — Access to documents)
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: European Parliament, access to information, action for annulment (EU), admission to examinations, competition (EU), consultation of information, equal treatment

29.11.2003

EN

Official Journal of the European Union

C 289/21

Baere, lawyer, with an address for service in Luxembourg, v
Commission of the European Communities (Agent: R. Wain-
wright): Application for annulment of Commission Regulation
(EC) No 1400/2001 of 10 July 2001 concerning the classifi-
cation of certain goods in the Combined Nomenclature (OJ
2001 L 189, p. 5); corrigendum published in the German,
English, Finnish, Portuguese and Swedish editions (OJ 2001
L 191, p. 49), the Court of First Instance (Third Chamber),
composed of: K. Lenaerts, President, J. Azizi and M. Jaeger,
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 30 September 2003, in which it:

1. Annuls Commission Regulation (EC) No 1400/2001 of
10 July 2001 concerning the classification of certain goods in
the Combined Nomenclature (OJ 2001 L 189, p. 5) in so far
as it classifies the console described in column 1 of the table in
the Annex to that regulation under CN Code 9504 10 00 and
the accompanying CD-ROM under CN Code 8524 39 90;

1. Annuls the decision adopting the decision adopting the appli-
cant’s definitive staff report for the period 1 July 1995 to
30 June 1997.

2. Orders the Commission to pay the applicant EUR 1 500 by

way of compensation for non-material damages.

3. Orders the Commission to pay the costs.

(1) OJ 2002 C 56 of 2.3.02.

2. Dismisses the request for production of the defendant’s legal

opinion;

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders the defendant to pay all the costs.

(1) OJ C 3 of 5.1.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2003

in Case T-296/01, Antonio Tatti v Commission of the
European Communities (1)

(Community officials — Staff report — Tardiness —
Irregularities in reporting procedure — Action for annul-
ment — Action for damages)

(2003/C 289/44)

(Language of the case: French)

In Case T-296/01, Antonio Tatti, official of the Commission
of the European Communities, residing in Overijse (Belgium),
represented by L. Vogel, lawyer, with an address for service
in Luxembourg, against the Commission of the European
Communities (Agent: C. Berardis-Kayser), application, first, for
annulment of the decision adopting the applicant’s definitive
staff report for the period 1 July 1995 to 30 June 1997 and,
second, for damages, the Court of First
Instance (Fourth
Chamber), composed of V. Tiili, President, and P. Mengozzi
and M. Vilaras, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 30 September 2003, in
which it:

of 30 September 2003

in Case T-214/02, María-Angeles Martínez Valls v Euro-
pean Parliament (1)

(Community officials — Competition — Non-admission to
oral tests — Access to documents)

(2003/C 289/45)

(Language of the case: French)

In Case T-214/02, María-Angeles Martínez Valls, residing in
Brussels (Belgium), represented by Georges Vandersanden and
lawyers, against the European Parliament (Agents:
L. Levi,
H. von Hertzen and D. Moore) — application, first,
for
annulment of the letters of 3 April and 31 May 2002 by which
the Selection Board found that the applicant had obtained
insufficient marks in the written tests in competition PE/90/A
and, with respect to the letter of 31 May 2002, by which the
Selection Board rejected the applicant’s request seeking access
to certain documents and, second, for compensation for the
loss suffered as a result of those letters, the Court of First
Instance (Fifth Chamber), composed of R. García-Valdecasas,
President, and P. Lindh and J.D. Cooke, Judges, I. Natsinas,
Administrator for the Registrar, has given a judgment on
30 September 2003, in which it:

1. Holds that there is no need to rule on the application for
annulment of the letter of 31 May 2002 in so far as it rejects
the request for access to documents.

2. Orders the Parliament to pay the applicant EUR 1 by way of

damages for non-material damage.

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