Judgment of the Court of First Instance of 21 January 2004 in Case T-97/02: Prodromos Mavridis v Commission of the European Communities (Officials — Promotion — Omission from the list of officials promoted to Grade A 5 — Availability of staff reports)
Date: 2004-04-03
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), equal treatment, promotion, regulations for civil servants

C 85/24

EN

Official Journal of the European Union

3.4.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 January 2004

in Case T-109/01: Fleuren Compost BV v Commission of
the European Communities (1)

(Actions for annulment — State aid — Aid granted by the
Kingdom of the Netherlands to manure-processing undertak-
ings — Scheme approved by the Commission for a fixed
period — Aid granted before or after the approved period)

lawyer, with an address for service in
ed by É Boigelot,
Luxembourg, against European Parliament (Agents: L. Knudsen
and D. Moore) — application, first, for annulment of the
decision of the secretariat of the Parliamentary Group of the
European Socialist Parties, adopted at its meeting on 6 and
to promote two temporary servants to
7 March 2001,
Grade A 3 and, second,
for compensation for the harm
sustained by the applicant as a result of that promotion - the
Court of First Instance (Fourth Chamber), composed of V. Tiili,
President, and P. Mengozzi and M. Vilaras, Judges; J. Palacio
González, Principal Administrator, for the Registrar, gave a
judgment on 21 January 2004, in which it:

(2004/C 85/45)

(Language of the case: Dutch)

1. Annuls the decision of the secretariat of the Parliamentary
Group of the European Socialist Parties, adopted at its meeting
on 6 and 7 March 2001, promoting Ms F. and Mr M. to
Grade A 3 with effect from 1 March 2001;

In Case T-109/01, Fleuren Compost BV, established in Mid-
delharnis (Netherlands), represented by J. Stuyck, lawyer, v
Commission of the European Communities (Agents: V. di
Bucci and H. van Vliet): Application for the annulment of
Commission Decision 2001/521/EC of 13 December 2000 on
the aid scheme implemented by the Kingdom of the Nether-
lands for six manure-processing companies (OJ 2001 L 189,
p. 13), the Court of First Instance (Second Chamber, Extended
Composition), composed of: N. J. Forwood, President, J. Pir-
rung, P. Mengozzi, A. W. H. Meij and M. Vilaras, Judges;
J. Plingers, Administrator,
for the Registrar, has given a
judgment on 14 January 2004, in which it:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 January 2004

in Case T-328/01: Tony Robinson v European Parlia-
ment (1)

(Temporary servant — Promotion to Grade A 3 — Staff of
the Parliamentary Group of the European Socialist Parties)

(2004/C 85/46)

(Language of the case: French)

In Case T-328/01: Tony Robinson, a temporary servant of the
European Parliament, residing in Brussels (Belgium), represent-

2. Orders the Parliament to pay the costs.

(1) OJ C 56 of 2.3.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 21 January 2004

in Case T-97/02: Prodromos Mavridis v Commission of
the European Communities (1)

(Officials — Promotion — Omission from the list of officials
promoted to Grade A 5 — Availability of staff reports)

(2004/C 85/47)

(Language of the case: French)

In Case T-97/02: Prodromos Mavridis, an official of
the
Commission of the European Communities, residing in Brus-
sels (Belgium), represented by J.-N. Louis,
lawyer, with an
address for service in Luxembourg, against Commission of
the European Communities (Agents: J. Currall, V. Joris and
D. Waelbroeck) — application for annulment of the Com-
mission’s decision of 6 April 2001 not to enter the applicant
on the list of officials promoted to Grade A 5 in the 2001
promotion round, the Court of First Instance, composed of
P. Mengozzi, Single Judge; J. Plingers, Administrator, for the
Registrar, gave a judgment on 21 January 2004, in which it:

3.4.2004

EN

Official Journal of the European Union

C 85/25

1. Dismisses the application;

ORDER OF THE COURT OF FIRST INSTANCE

2. Orders the parties to bear their own costs.

(1) OJ C 131 of 1.6.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 20 January 2004

in Case T-195/02: Anselmo Briganti v Commission of the
European Communities (1)

(Officials — Open competition — Action for annulment —
Pre-selection procedure — Conduct of the tests — Retro-
active annulment of certain multiple-choice questions —
Principle of equal treatment — Principle of legitimate
expectations)

(2004/C 85/48)

(Language of the case: Italian)

In Case T-195/02: Anselmo Briganti, residing in Tarente (Italy),
represented by G. Sciusco, lawyer, with an address for service
in Luxembourg, against Commission of the European Com-
munities (Agents: J. Currall and A. Dal Ferro) — application,
principally, for annulment of the decision of the selection
board in open competition Commission of the European
Communities/A/11/01 not to admit the applicant to the tests
subsequent
the Court of First
Instance, composed of J. D. Cooke, Single Judge; H. Jung,
Registrar, gave a judgment on 20 January 2004, in which it:

to the pre-selection tests,

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 191 of 10.8.2002.

of 25 November 2003

in Case T-85/01: IAMA Consulting S.r.l. v Commission of
the European Communities (1)

(Esprit Programme — Actions in the field of research
and technological development — Community financing —
Eligible expenditure — Arbitration clause — Action for
annulment — Admissibility — Counterclaim — Jurisdiction
of the Court of First Instance)

(2004/C 85/49)

(Language of the case: Italian)

In Case T-85/01: IAMA Consulting S.r.l., established in Milan,
represented by V. Salvatore, lawyer, against Commission of
the European Communities (Agents: E. de March and A. Dal
Ferro) – application for annulment of the provisions adopted
by the Commission on 12 and 21 February 2001 relating to
expenditure eligible for Community financing in connection
with the REGIS 22337 and REFIAG 23200 Projects, carried
out under the European programme for research and develop-
ment in information technologies (Esprit) — the Court of First
Instance, composed, at the time of its deliberation, of V. Tiili,
J. Pirrung and
President, and P. Mengozzi, M. Vilaras,
A. W. H. Meij, Judges; H. Jung, Registrar, made an order on
25 November 2003, the operative part of which is as follows:

(1) The forms of order sought as a main claim and in the alternative

by the applicant are dismissed as inadmissible.

(2) The counterclaim by the Commission is referred back to the

Court.

(3) The applicant is ordered to pay the costs.

(1) OJ C 186, 30.6.2001.