Judgment of the Court of First Instance of 30 September 2004 in Case T-313/02: David Meca-Medina, Igor Majcen v Commission of the European Communities (Competition — Freedom to provide services — Anti-doping legislation adopted by the International Olympic Committee (IOC) — Purely sporting legislation)
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), performance drugs, restriction on competition, sporting event, sports body

4.12.2004

EN

Official Journal of the European Union

C 300/39

1. Orders

the Commission to pay the applicant

sum of
EUR 7 000 in addition to the sum of EUR 1 000 already
awarded by the Commission;

the

2. Dismisses the remainder of the application;

3. Orders the Commission to pay the costs.

(1) OJ C 247 of 12.10.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2004

in Case T-313/02: David Meca-Medina,

Igor Majcen v

Commission of the European Communities (1)

(Competition — Freedom to provide services — Anti-doping
legislation adopted by the International Olympic Committee
(IOC) — Purely sporting legislation)

(2004/C 300/76)

(Language of the case: French)

In Case T-313/02: David Meca-Medina, residing at Barcelona
Igor Majcen, residing at Ljubljana (Slovenia), repre-
(Spain),
sented by J.-L. Dupont,
lawyer, against Commission of the
European Communities (Agents: O. Beynet and A. Bouquet,
with an address for service in Luxembourg), supported by
Republic of Finland (Agent: T. Pynnä, with an address for
service in Luxembourg) — application for the annulment of
the Commission's decision of 1 August 2002 rejecting the
complaint lodged by the applicants against the International
Olympic Committee (IOC) seeking a declaration that certain
rules adopted by the latter and implemented by the Fédération
internationale de natation (FINA) and certain practices relating
to doping control are incompatible with the Community
competition rules and the freedom to provide services (Case
COMP/38158 – Meca-Medina and Majcen/IOC) — the Court of
First Instance (Fourth Chamber), composed of: H. Legal, Presi-
dent, V. Tiili and M. Vilaras, Judges; J. Palacio González, Prin-
cipal Administrator, for the Registrar, has given a judgment on
30 September 2004, in which it:

1. Dismisses the action;

2. Orders the applicants to bear their own costs and to pay the

Commission's costs;

3. Orders that the Republic of Finland shall bear its own costs.

(1) OJ C 305 of 7.12.2002.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 30 September 2004

in Case T-16/03: Albano Ferrer de Moncada v Commission
of the European Communities (1)

(Officials — Staff report — Procedural
irregularities —
Statement of reasons — Annulment of report — Damages
for loss sustained)

(2004/C 300/77)

(Language of the case: French)

In Case T-16/03: Albano Ferrer de Moncada, an official of the
Commission of the European Communities, residing in Luxem-
bourg (Luxembourg), represented by G. Vandersanden, L. Levi
and A. Finchelstein, lawyers, against Commission of the Euro-
pean Communities (Agents: J. Currall and C. Berardis-Kayser,
assisted by D. Waelbroeck, lawyer, with an address for service
in Luxembourg) — application for,
first, annulment of the
applicant's staff report for the period 1995/1997 and, second,
damages,
(Third Chamber),
composed of J. Azizi, President,
Jaeger and F. Dehousse,
Jung, Registrar, has delivered a judgment on 30
Judges; H.
September 2004, in which it:

the Court of First

Instance
J.

1. Annuls the applicant's staff report for the period 1995/1997;

2. Orders

the Commission to pay the applicant

the

sum of

EUR 1 000;

3. Orders the Commission to pay the costs.

(1) OJ C 83 of 5.4.2003.