Judgment of the Court of First Instance of 17 December 2003 in Case T-324/02: Hans McAuley v Council of the European Union (Compliance with a judgment of the Court of First Instance — Appointment of a Language Adviser in the English and Irish Language — Division of the Council Termination of the procedure for filling the post under Article 29(1)(a) of the Staff Regulations — Misuse of powers — Action for compensation)
Date: 2004-03-20
Institutions: Court of First Instance
Subjects: Council of the European Union, action for annulment (EU), appeal, indemnification, job application, power to appoint

C 71/26

EN

Official Journal of the European Union

20.3.2004

1. Annuls the decision of the Fourth Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) of 12 July 2002 (Case R 719/2000-4);

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 December 2003

2. Orders the defendant to pay the costs.

(1) OJ C 305 of 7.12.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 11 December 2003

in Case T-323/02: Monique Breton v Court of Justice of
the European Communities (1)

(Officials — Promotion — Award of promotion points —
Admissibility)

(2004/C 71/47)

(Language of the case: French)

In Case T-323/02: Monique Breton, an official of the Court of
Justice of the European Communities, residing at Howald
(Luxembourg), represented by A. Coolen, J.-N. Louis, É. Mar-
lawyers, with an address for service
chal and S. Orlandi,
in Luxembourg, against Court of Justice of the European
Communities (Agent: M. Schauss) — application for annul-
ment of the decision of the Court of Justice concerning the
award to the applicant of promotion points for the years
1998, 1999 and 2000 pursuant to the Court’s decision of
18 October 2000 on promotions and the decision of the
Registrar of the Court of 3 December 2001 establishing a
transitional system for promotions — the Court of First
Instance (Third Chamber), composed of: J. Azizi, President,
and M. Jaeger and F. Dehousse, Judges; J. Plingers, Adminis-
trator, acting for the Registrar, has given a judgment on
11 December 2003, in which it:

1.

2.

dismisses the application;

orders the parties to bear their own costs.

in Case T-324/02: Hans McAuley v Council of the Euro-
pean Union (1)

(Compliance with a judgment of the Court of First Instance
— Appointment of a Language Adviser in the English and
Irish Language — Division of the Council Termination of
the procedure for filling the post under Article 29(1)(a) of
the Staff Regulations — Misuse of powers — Action for
compensation)

(2004/C 71/48)

(Language of the case: French)

In Case T-324/02: Hans McAuley, an official of the Council of
the European Union, residing in Brussels (Belgium), represent-
ed by J.-N. Louis and S. Orlandi, lawyers, with an address for
service in Luxembourg, against the Council of the European
Union (Agent: F. Anton) — application for, first, annulment of
the decision contained in the letter of 30 January 2002 of the
Director General of Directorate General A of the Council to
terminate the procedure under Article 29(1)(a) of the Staff
Regulations for filling the post of Language Adviser in the
English and Irish Language Division and to proceed to the next
stage, namely the organisation of an internal competition
under Article 29(1)(b) of the Staff Regulations, and, second,
for compensation — the Court of First Instance (Fourth
Chamber), composed of V. Tiili, President, P. Mengozzi and
M. Vilaras, Judges; I. Natsinas, Administrator, for the Registrar,
gave a judgment on 17 December 2003, in which it:

1. Annuls the decision contained in the letter of 30 January 2002
of the Director General of Directorate General A of the Council
to terminate the procedure under Article 29(1)(a) of the Staff
Regulations for filling the post of Language Adviser in the
English and Irish Language Division and to proceed to the next
stage, namely the organisation of an internal competition under
Article 29(1)(b) of the Staff Regulations.

2. Dismisses the applicant’s application for compensation.

3. Orders the Council to pay the costs.

(1) OJ C 7 of 11.1.2003.

(1) OJ No C 7 of 11.1.2003.