Order of the Court of First Instance (Fifth Chamber) of 2 April 2004 in Case T-337/03: Luis Bertelli Gálvez v Commission of the European Communities (Action for failure to act — Procedure laid down in Article 7 EU — Complaint of alleged breaches of the principles set out in Article 6(1) EU by the Spanish judicial authorities — Clear lack of jurisdiction)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, Spain, action for failure to act, complaint to the Commission, fundamental rights, human rights, lawyer, rule of law

C 118/42

EN

Official Journal of the European Union

30.4.2004

ORDER OF THE COURT OF FIRST INSTANCE

(Fifth Chamber)

of 2 April 2004

in Case T-337/03: Luis Bertelli Gálvez v Commission of
the European Communities (1)

(Action for failure to act — Procedure laid down in Article 7
EU — Complaint of alleged breaches of the principles set out
in Article 6(1) EU by the Spanish judicial authorities —
Clear lack of jurisdiction)

(2004/C 118/91)

tests for Competition EUR/A/167/02; (2) for the annulment of
the procedure in that competition and its resumption with the
participation of the applicant; and (3) for an order prohibiting
the Parliament from drawing up an aptitude list and recruiting
staff on the strength of the results of that competition – the
President of the Court of First Instance; Registrar: H.
Jung,
made an order on 30 April 2004, the operative part of which
is as follows:

1) The application for interim measures is dismissed;

2) Costs are reserved.

(Language of the case: Spanish)

(1) OJ C 94, 17. 4. 2004

In Case T-337/03: Luis Bertelli Gálvez, represented by J. Puche
Rodríguez-Acosta, lawyer, against the Commission of the Euro-
pean Communities – application made under the third sub-
paragraph of Article 232 EC seeking a declaration that the
Commission unlawfully failed to bring against the Kingdom of
Spain the procedure laid down in Article 7 EU following the
complaint made by the applicant regarding alleged breaches
affecting him of the principles of liberty, democracy, respect
for human rights and fundamental freedoms and the rule of
law, set out in Article 6 EU, by the judicial authorities of that
Member State – the Court of First Instance (Fifth Chamber),
composed of P. Lindh, President, R. García-Valdecasas and J.D.
Cooke, Judges; H. Jung, Registrar, made an order on 2 April
2004, the operative part of which is as follows:

1. the action is dismissed because it is clear that the Court has no

jurisdiction;

2. the applicant is to bear his own costs.

(1) Not yet published.

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 30 April 2004

in Case T-439/03 R, Ulrike Eppe v European Parliament (1)

(Interim measures — Competition procedure — Application
for provisional measures — Admissibility)

(2004/C 118/93)

(Language of the Case: German)

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 30 April 2004

in Case T-412/03 R, Angelo Wille v European Parlia-
ment (1)

(Interim measures — Competition procedure — Suspension
of operation and application for provisional measures —
Admissibility)

In Case T-439/03 R, Ulrike Eppe,
residing in Hanover
(Germany), represented by D. Rogalla, lawyer, against the Euro-
pean Parliament (Agents: J. de Wachter and N. Lorenz), APPLI-
CATION: (1) for the annulment of the procedure in Competi-
tion EUR/A/167/02 and its resumption with the participation
of the applicant; and (2) for an order prohibiting the European
Parliament from drawing up an aptitude list and recruiting staff
on the strength of the results of that competition – the Presi-
dent of the Court of First Instance; Registrar: H. Jung, made an
order on 30 April 2004, the operative part of which is as
follows:

(2004/C 118/92)

1) The application for interim measures is dismissed;

(Language of the Case: German)

residing in Brussels
In Case T-412/03 R, Angelo Wille,
(Belgium), represented by D. Rogalla, lawyer, against the Euro-
pean Parliament (Agents: J. de Wachter and N. Lorenz), APPLI-
CATION: (1) that the applicant be allowed to participate in the

2) Costs are reserved.

(1) OJ C 94, 17. 4. 2004