Judgment of the Court of First Instance of 18 February2004 in Case T-320/02: Monika Esch-Leonhardt and Others v EuropeanCentral Bank (Officials — Personnel file — Letter concerning the transmissionof union information by electronic mail — Refusal to remove from applicants'personnel files)
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Central Bank, action for annulment (EU), data transmission, personal data, right to information, trade union

30.4.2004

EN

Official Journal of the European Union

C 106/61

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 23 March 2004

in Case T-310/02 Athanassios Theodorakis v Council of
the European Union (1)

(Officials — Recruitment — Article 29 of the Staff Regula-
tions — Vacancy notice — Rejection of application — Out of
time)

the Commission's decision of 15
cation for annulment of
February 2002 deducting as from 1 June 2001 the sums over-
paid to the applicant as dependent child allowance, following
application of the anti-cumulation rule in Article 67(2) of the
Staff Regulations, corresponding to the orphan's family allow-
ances he receives from the Belgian authorities – the Court of
First Instance (Third Chamber), composed of J. Azizi, President,
M. Jaeger and F. Dehousse, Judges; J. Palacio González, Principal
Administrator, for the Registrar, gave a judgment on 1 April
2004 in which it:

(2004/C 106/120)

(Language of the case: French)

In Case T-310/02, Athanassios Theodorakis, an official of the
Commission of the European Communities, residing in Uccle
(Belgium), represented by S. Pappas, lawyer, against Council of
the European Union (Agents: F. Anton and B. Driesen) – appli-
cation for the annulment, first, of the Council decision of 11
April 2002 rejecting the applicant's candidature for the post of
Director General in the External Economic Relations, Common
Foreign and Security Policy (CFSP) Directorate General in the
Secretariat General of that institution and of the decision of 10
July 2002 expressly rejecting his complaint, and, second, of the
decision appointing the Director General of
the External
Economic Relations, Common Foreign and Security Policy
in the Secretariat General of the
(CFSP) Directorate General
Council – the Court of First
Instance (Second Chamber),
composed of
J. Pirrung, President, A.W.H. Meij and N.J.
Forwood, Judges; D. Christiansen, Administrator, for the Regis-
trar, has given a judgment on 23 March 2004 in which it:

(1) Dismisses the application;

(2) Orders the parties to bear their own costs.

(1) OJ No C 305 of 7.12.02.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 1 April 2004

in Case T-312/02: Lucio Gussetti v Commission of the
European Communities (1)

(Officials — Dependent child allowance — Article 67(2) of
the Staff Regulations — Anti-cumulation rule applicable to
national allowances of like nature — Article 85 of the Staff
Regulations — Conditions for recovery of sums paid but not
due)

(2004/C 106/121)

(Language of the case: Italian)

(1) Dismisses the action;

(2) Orders the parties to bear their own costs.

(1) OJ No C 305 of 7.12.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 February 2004

in Case T-320/02: Monika Esch-Leonhardt and Others v
European Central Bank (1)

(Officials — Personnel file — Letter concerning the trans-
mission of union information by electronic mail — Refusal
to remove from applicants' personnel files)

(2004/C 106/122)

(Language of the case: German)

In Case T-320/02: Monika Esch-Leonhardt, Tillmann Fromm-
hold and Emmanuel Larue, members of staff of the European
Central Bank, residing in Frankfurt-am-Main,
(Germany) and
Karben (Germany) respectively, represented by B. Karthaus,
lawyer, with an address for service in Luxembourg, against
European Central Bank (Agents: T. Gilliams, G. Gruber and B.
Wägenbaur) – application for annulment of the decision to
include in the applicants' personnel files a letter concerning
their use of the internal electronic mail system for transmitting
union information and, secondly, a claim for damages – the
Court of First Instance (Second Chamber), composed of N. J.
Forwood, President,
I.
Natsinas, Administrator, for the Registrar, gave a judgment on
18 February 2004, in which it:

J. Pirrung and A.W.H. Meij,

Judges;

1. Dismisses the application.

2. Orders the parties to bear their own costs, including those incurred

in the proceedings for interim relief in Case T-320/02 R.

In Case T-312/02: Lucio Gussetti,
in Brussels
(Belgium), represented by M. Merola, lawyer, with an address
for service in Luxembourg, against Commission of the Euro-
pean Communities (Agents: J. Currall and R. Amorosi) – appli-

resident

(1) OJ C 323 of 21.12.02.