Judgment of the Court of First Instance of 7 July 2003 in Case T-175/03: Norbert Schmitt v European Agency for Reconstruction (EAR) (Member of the temporary staff — Termination of contract — Article 47(2)(a) of the CEOS — Observance of the provisions of the contract — Legitimate expectations)
Date: 2004-09-25
Institutions: Court of First Instance
Subjects: European Agency for Reconstruction, action for annulment (EU), servant (EU), staff assessment, unfair dismissal

C 239/22

EN

Official Journal of the European Union

25.9.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 July 2003

in Case T-175/03: Norbert Schmitt v European Agency for
Reconstruction (EAR) (1)

(Member of the temporary staff — Termination of contract
— Article 47(2)(a) of the CEOS — Observance of the provi-
sions of the contract — Legitimate expectations)

(2004/C 239/46)

basis for the nursery school year 2001/2002, and a claim for
compensation seeking payment of default interest on the sums
corresponding to those allowances and damages for the non-
pecuniary damage suffered as a result of that decision – the
Court of First Instance (Single Judge: N.J. Forwood); I. Natsinas,
Administrator, for the Registrar, has given a judgment on 29
June 2004, in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(Language of the case: French)

(1) OJ C 184, 2.8.2003.

represented by L. Polanz,

In Case T-175/03: Norbert Schmitt, formerly of the temporary
staff of the European Agency for Reconstruction, residing in
Koellerbach (Germany),
lawyer,
against European Agency for Reconstruction (EAR) (Agent: C.
Manolopoulos, assisted by J.-N. Louis,
lawyer) — application
for the annulment of the decision of the EAR terminating the
applicant's contract and, in the alternative, an application for
damages — the Court of First
Instance (Fourth Chamber),
composed of H. Legal, President, V. Tilli and M. Vilaras, judges;
I. Natsinas, Administrator, for the Registrar, delivered a judg-
ment on 7 July 2004 in which it:

1. annuls the decision of the European Agency for Reconstruction
(EAR) of 25 February 2003 terminating the applicant's contract;

2. orders the EAR to pay the costs, including those incurred in the

proceedings for interim relief.

(1) OJ 2003 C 184.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 29 June 2004

in Case T-188/03: Joëlle Hivonnet v Council of the Euro-
pean Union (1)

(Officials — Education allowance — Criteria for grant —
Primary schooling — Nursery school)

(2004/C 239/47)

(Language of the case: French)

In Case T-188/03: Joëlle Hivonnet, official of the Council of the
European Union, residing in New York (United States of
America), represented by G. Vandersanden and L. Levi, lawyers,
against Council of the European Union (Agents: M. Sims and F.
Anton) – application for annulment of the decision of the
Council refusing to grant the applicant the education allowance
for her daughter for the nursery school years 1999/2000 and
2000/2001 and only granting that allowance on an exceptional

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 12 May 2004

in Case T-198/01 R [III]: Technische Glaswerke Ilmenau
GmbH v Commission of the European Communities

(Proceedings for interim measures — State aid — Obligation
to recover aid — Prima facie case — Urgency — Weighing
up of interests — Exceptional circumstances)

(2004/C 239/48)

(Language of the case: German)

In Case T-198/01 R [III]: Technische Glaswerke Ilmenau
GmbH, established in Ilmenau (Germany), represented initially
by G. Schohe and C. Arhold, and subsequently by C. Arhold
and N. Wimmer, lawyers, with an address for service in Luxem-
bourg, against the Commission of the European Communities
(Agents: V. Di Bucci and V. Kreuschitz), supported by Schott
Glas, established in Mainz (Germany),
represented by U.
Soltész, lawyer — application for extension of the suspension
of
of Commission Decision
2
2002/185/EC of 12 June 2001 on State aid implemented by
Germany for Technische Glaswerke Ilmenau GmbH (OJ 2002 L
62, p. 30) ordered in the present case by orders of the President
of the Court of First Instance of 4 April 2002 and 1 August
2003 — the President of the Court of First Instance made an
order on 12 May 2004, the operative part of which is as
follows:

of Article

operation

1. The

operation

of Article

Commission Decision
2
2002/185/EC of 12 June 2001 on State aid implemented by
Germany for Technische Glaswerke Ilmenau GmbH is suspended
pending delivery of the judgment ruling on the main action.

of

2. The costs, including those of the intervener, are reserved.