Judgment of the Court of First Instance of 28 September 2004 in Case T-216/03: Mario Paulo Tenreiro v Commission of the European Communities (Officials — Mobility — Refusal of promotion — Consideration of comparative merits)
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, promotion, regulations for civil servants

C 300/40

EN

Official Journal of the European Union

4.12.2004

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 28 September 2004

in Case T-216/03: Mario Paulo Tenreiro v Commission of
the European Communities (1)

(Officials — Mobility — Refusal of promotion — Considera-
tion of comparative merits)

Articles 1, 2 and 5 of Commission Decision 2002/827/ECSC of
2 July 2002 on the granting by Spain of aid to the undertaking
González y Díez SA in 1998, 2000 and 2001 (OJ 2002 L 296,
Instance (Second Chamber,
p. 80) — the Court of First
Extended Composition), composed of J. Pirrung, President of
the Chamber, A.W.H. Meij, N.J. Forwood, I. Pelikánová and S.S.
Papasavvas, Judges; Registrar: H. Jung, has given a judgment on
2 September 2004, in which it:

1. There is no need to adjudicate on the present action.

(2004/C 300/78)

(Language of the case: French)

2. Orders the Commission to pay the costs.

(1) OJ C 289 of 23.11.2002.

the European Communities,

In Case T-216/03: Mario Paulo Tenreiro, an official of the
Commission of
residing in
Kraainem (Belgium), represented by G. Vandersanden, lawyer,
against Commission of the European Communities (Agents:
A. Bordes and L Lozano Palacios, with an address for service in
Luxembourg) — application for,
in substance, annulment of
the Commission's decision, published on 14 August 2002,
establishing the list of officials promoted to grade A4 in the
2002 procedure, in so far as it does not contain the applicant's
name, the Court of First Instance (Single Judge: M. Pirrung);
D. Christensen, Administrator, for the Registrar, gave a judg-
ment on 28 September 2004, in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 200 of 23.8.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 2 September 2004

in Case T-291/02 González y Díez SA v Commission of
the European Communities (1)

(ECSC — State aid — Action for annulment — Action
devoid of purpose — No need to adjudicate — Settlement of
costs)

(2004/C 300/79)

(Language of the case: Spanish)

In Case T-291/02: González y Díez SA, established in Villa-
bona-Llanera (Spain),
represented initially by J. Folguera
Crespo, A. Martínez Sánchez and J.C. Engra Moreno, lawyers,
then by J. Folguera Crespo and A. Martínez Sánchez, lawyers, v
Commission of
(Agents: V.
Kreuschitz and J.L. Buendía Sierra) — action for annulment of

the European Communities

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 21 September 2004

in Case T-310/03 R: Kreuzer Medien GmbH v European
Parliament and Council of the European Union

(Interim measures — Application for suspension of operation
— Admissibility of an application brought by an intervener)

(2004/C 300/80)

(Language of the case: German)

In Case T-310/03 R: Kreuzer Medien GmbH, established in
Leipzig (Germany), represented by M. Lenz, lawyer, supported
by Falstaff Verlags GmbH, established in Klosterneuburg
(Austria), represented by W.-G. Schärf, lawyer, against the Euro-
pean Parliament (Agents: E. Waldherr and U. Rösslein, with an
address for service in Luxembourg) and the Council of the
supported by the
European Union (Agent: E. Karlsson),
Commission of
(Agents: M.-
the European Communities
J.
Jonczy, L. Pignataro-Nolin and F. Hoffmeister, with an
the Kingdom of Spain
address for service in Luxembourg),
(Agent: L. Fraguas Gadea, with an address for service in Luxem-
bourg) and the Republic of Finland (Agents: A. Guimaraes-
Purokoski and T. Pynnä, with an address for service in Luxem-
bourg) — application brought by Falstaff Verlags GmbH under
Article 243 EC for suspension of the operation of Directive
2003/33/EC of the European Parliament and of the Council of
26 May 2003 on the approximation of the laws, regulations
and administrative provisions of the Member States relating to
the advertising and sponsorship of tobacco products (OJ 2003
L 152, p. 16) — the President of the Court of First Instance
made an order on 21 September 2004, the operative part of
which is as follows: