Judgment of the Court of First Instance of 30 September 2004 in Case T-246/02: Albano Ferrer de Moncada v Commission of the European Communities (Officials — Staff report — Delay in drawing up — Damages)
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), damages, equal treatment, professional career, report, staff assessment

C 300/38

EN

Official Journal of the European Union

4.12.2004

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

3. Orders the Federal Republic of Germany and the French Republic

to bear their own costs.

of 28 September 2004

(1) OJ C 355 of 9.12.2000.

in Case T-310/00: MCI, Inc. v Commission of the European
Communities (1)

(Competition — Merger control — Action for annulment —
Interest in bringing proceedings — Powers of the Commis-
sion)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2004/C 300/74)

of 30 September 2004

(Language of the case: English)

in Case T-246/02: Albano Ferrer de Moncada v Commis-
sion of the European Communities (1)

for

In Case T-310/00: MCI, Inc., formerly MCI WorldCom, Inc. and
then WorldCom, Inc., established in Ashburn, Virginia (United
States of America), represented initially by K. Lasok QC, J.-Y.
Art, lawyer, and B. Hartnett, barrister, and subsequently by K.
service in Luxembourg,
Lasok QC, with an address
supported by Federal Republic of Germany (Agents: W.-D. Ples-
sing and B. Muttelsee-Schön), against Commission of the Euro-
pean Communities (Agents: initially P. Oliver, P. Hellström and
L. Pignataro, and subsequently P. Oliver and P. Hellström,
assisted by N. Khan, barrister, with an address for service in
Luxembourg), supported by French Republic (Agents: G. de
Bergues and F. Million, with an address for service in Luxem-
bourg) — application for annulment of Commission Decision
2003/790/EC of 28 June 2000 declaring a concentration
incompatible with the common market and the EEA Agree-
ment (Case COMP/M.1741 – MCI WorldCom/Sprint) (OJ 2003
L 300, p. 1) — the Court of First Instance (Second Chamber),
composed of
J. Pirrung, President, A.W.H. Meij and N.J.
Forwood, Judges; J. Plingers, Administrator, for the Registrar,
has given a judgment on 28 September 2004, in which it:

1. Annuls Commission Decision 2003/790/EC of 28 June 2000
declaring a concentration incompatible with the common market
and the EEA Agreement
(Case COMP/M.1741 – MCI
WorldCom/Sprint);

2. Orders the Commission to bear, in addition to its own costs, those

of MCI, Inc.;

(Officials — Staff report — Delay in drawing up —
Damages)

(2004/C 300/75)

(Language of the case: French)

first, annulment of

In Case T-246/02: 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: C. Berardis-Kayser, assisted by
D. Waelbroeck, lawyer, with an address for service in Luxem-
bourg) — application for,
the decision
whereby the Commission impliedly rejected the applicant's
claim of 28 August 2001 for damages owing to the delay in
reference periods
drawing up his
1995/1997 and 1997/1999 and, in so far as necessary, of the
decision whereby the Commission impliedly rejected the appli-
cant's complaint of 14 January 2002 and, second, damages in
respect of the loss sustained by the applicant owing to the
delay in drawing up those staff reports, the Court of First
Instance (Third Chamber), composed of
J. Azizi, President,
J. Jaeger and F. Dehousse, Judges; H. Jung, Registrar, has deliv-
ered a judgment on 30 September 2004, in which it:

reports

staff

the

for

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.