Order of the Court of First Instance of 25 November 2003 in Case T-85/01: IAMA Consulting S.r.l. v Commission of the European Communities (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)
Date: 2004-04-03
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), contract, group of companies, overheads

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.