Judgment of the court of first instance of 10 March2004 in Case T-177/02: Malagutti-Vezinhet SA v Commission of the EuropeanCommunities (General safety of products — Community rapid-alertsystem for foodstuffs — Action for compensation)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: action for annulment (EU), damage, export, health control, information, pesticide residue, pip fruit

C 106/58

EN

Official Journal of the European Union

30.4.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 25 March 2004

in Case T-145/02 Armin Pietrich v Commission of the
European Communities (1)

(Open competition — Non-admission to tests — Competition
notice — Prescribed relevant experience — Obligation to
state reasons — Principle of sound administration and duty
to have regard for the interests of officials)

(2004/C 106/112)

the European Communities

lawyers, with an address for service in Luxembourg, against
Commission of
(Agents: C.
Berardis-Kayser and J. Currall) – application for the annulment
of the Commission's decision not to promote the applicant to
Grade B 1 in the promotion round for 2000 – the Court of
First Instance (Single Judge: V. Tiili); J. Plingers, Administrator,
for the Registrar, has given a judgment on 17 March 2004 in
which it:

(1) Annuls the decision refusing to promote the applicant;

(2) Orders the Commission to pay the costs.

(Language of the case: French)

(1) OJ No C 180 of 27.7.02.

In Case T-145/02, Armin Pietrich, residing in Travemünde
(Germany), represented by P. Goergen, lawyer, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agents: J. Currall and V. Joris) – applica-
tion, first, for the annulment of the decision of 11 February
2002 of
the selection board in competition COM/A/7/01
refusing to mark the applicant's written test and rejecting his
candidature, and of all subsequent steps and measures taken in
that competition, and, second, for compensation for the mate-
rial and non-material damage allegedly suffered as a result of
that decision – the Court of First Instance (Single Judge: R.
García-Valdecasas); I. Natsinas, Administrator, for the Registrar,
has given a judgment on 25 March 2004 in which it:

1. Dismisses the application;

2. Dismisses the claim in the alternative that the applicant should be
allowed to produce evidence showing that
the functions of a
‘sonderschulrektor’ fall within the scope of the relevant experience
called for by the competition notice;

3. Orders the parties to bear their own costs.

(1) OJ C 156 of 29.6.02.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 17 March 2004

in Case T-175/02 Giorgio Lebedef v Commission of the
European Communities (1)

(Officials — Promotion — Irregularity in a promotion proce-
dure — Comparative examination of merits — Application
for annulment)

(2004/C 106/113)

(Language of the case: French)

In Case T-175/02, Giorgio Lebedef, an official of the Commis-
sion of the European Communities, residing in Senningerberg
(Luxembourg), represented by G. Bouneou and F. Frabetti,

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 March 2004

in Case T-177/02: Malagutti-Vezinhet SA v Commission of
the European Communities (1)

(General safety of products — Community rapid-alert system
for foodstuffs — Action for compensation)

(2004/C 106/114)

(Language of the case: French)

In Case T-177/02: Malagutti-Vezinhet SA, a company in the
process of being wound up by court order, having its registered
office in Cavaillon (France), represented by B. Favarel Veidig
and N. Boron, avocats, with an address for service in Luxem-
bourg, against Commission of
the European Communities
(Agents: M.-J. Jonczy and M. França) - application for compen-
sation in respect of the harm allegedly suffered by the applicant
following the release by the Commission of a rapid alert
message informing consumers of the presence of pesticide resi-
dues in apples originating in France and naming the applicant
as exporter of the goods in question – the Court (Second
Chamber), composed of: N.J. Forwood, President, J. Pirrung and
A.W.H. Meij, Judges; B. Pastor, Deputy Registrar, delivered a
judgment on 10 March 2004, the operative part of which is as
follows:

(1) The application is dismissed.

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

(1) OJ C 233 of 28.09.02.