Judgment of the Court of First Instance of 16 February 2005 in Case T-284/03 Rosalinda Aycinena v the Commission of the European Communities (Officials — Appointment to higher grade in career — Classification in step)
Date: 2005-04-16
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), competition (EU), recruitment

16.4.2005

EN

Official Journal of the European Union

C 93/27

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 3 February 2005

in Case T-137/03 Ornella Mancini v Commission of the
European Communities (1)

(Officials — Post of medical officer — Amendment to the
vacancy notice — Misuse of powers — Composition of the
Selection Board — Comparative examination of merits —
Manifest error of assessment — Equal treatment for men and
women — Action for damages)

(Belgium), represented by J.-N. Louis, É. Marchal, A. Coolen
and S. Orlandi, lawyers, with an address for service in Luxem-
bourg, against Commission of
the European Communities
(Agents: by J. Curall and V. Joris, with an address for service in
Luxembourg) — application for annulment of the Commis-
sion's decision of 14 August 2002 not to promote the appli-
cant to Grade B 2 under the 2002 promotion exercise — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, J.D. Cooke and D. Šváby, Judges; I. Natsinas, Admin-
istrator,
for the Registrar, gave a judgment on 3 February
2005, in which it:

(2005/C 93/53)

(Language of the case: French)

1. Annuls the Commission's decision of 14 August 2002 not to
promote the applicant to Grade B 2 under the 2002 promotion
exercise.

(Agents: C. Berardis-Kayser

In Case T-137/03: Ornella Mancini, official of the Commission
of the European Communities, residing in Brussels (Belgium),
represented by É. Boigelot, lawyer, against Commission of the
European Communities
and
G. Berscheid, assisted by B. Wägenbaur,
lawyer, with an
address for service in Luxembourg) — application, first, for
annulment of the Commission's decision not to appoint the
applicant to the post of medical officer at the ‘Medical service –
Brussels’ unit and of the decision to appoint another candidate
to that post and, second, for damages — the Court of First
Instance (Fourth Chamber), composed of H. Legal, President, V.
Tiili and M. Vadapalas, Judges; I. Natsinas, Administrator, for
the Registrar, gave a judgment on 3 February 2005, in which
it:

1. Dismisses the application.

2. Orders each party to bear its own costs.

(1) OJ C 158 of 5.7.2003.

2. Orders the Commission to pay the costs.

(1) OJ C 184 of 2.8.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 February 2005

in Case T-284/03 Rosalinda Aycinena v the Commission of
the European Communities (1)

(Officials — Appointment to higher grade in career — Clas-
sification in step)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2005/C 93/55)

of 3 February 2005

in Case T-172/03 Nicole Heurtaux v Commission of the
European Communities (1)

(Officials — Refusal of promotion — Absence of statement
of reasons — Comparative examination of merits — Action
for annulment)

(2005/C 93/54)

(Language of the case: French)

In Case T-172/03: Nicole Heurtaux, an official of the Commis-
residing in Brussels
sion of

the European Communities,

(Language of the case: French)

In Case T-284/03: Rosalinda Aycinena, residing in Brussels,
represented by J.-N. Louis, E. Marchal, A. Coolen and S.
Orlandi, lawyers, with an address for service in Luxembourg,
against the Commission of the European Communities (Agent:
C. Berardis-Kayser) – action for annulment of the Commission's
decision fixing her definitive classification on appointment at
Instance (Third
Grade LA 6,
Chamber), composed of M. Jaeger, President, V. Tiili and O.
Czúcz, Judges; H. Jung, Registrar, has given a judgment on 16
February 2005, in which it:

the Court of First

step 1,

C 93/28

EN

Official Journal of the European Union

16.4.2005

1. Dismisses the action;

4. Orders each party to bear its own costs.

2. Orders the defendant to pay the costs.

(1) OJ C 7 of 10.1.2004.

(1) OJ C 251 of 18 October 2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 February 2005

in Case T-354/03 Gemma Reggimenti v European Parlia-
ment (1)

(Officials — Reimbursement of dependent child's travel
expenses — Division if two married officials divorce)

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

of 31 January 2005

in Case T-447/04 R Capgemini Nederland BV v Commis-
sion of the European Communities

(Public contracts for services — Community tendering proce-
dure — Interim proceedings — Prima facie case — Urgency)

(2005/C 93/56)

(Language of the case: French)

(2005/C 93/57)

(Language of the case: English)

In Case T-354/03: Gemma Reggimenti, an official of the Euro-
pean Parliament, residing in Woluwé-Saint-Lambert (Belgium),
represented by C. Junion, lawyer, with an address for service in
Luxembourg, against the European Parliament (Agents: L.G.
Knudsen and A. Bencomo Weber, with an address for service
in Luxembourg) — action for annulment of the Parliament's
decision of 27 May 2003, confirmed by letter of 17 July 2003,
by which it decided, under Article 8 of Annex VII to the Staff
Regulations to divide, from 2002, the reimbursement of travel-
ling expenses for the applicant's daughter between the two
divorced officials — the Court of First
Instance (Third
Chamber), composed of J. Azizi, President, M. Jaeger and O.
Czúcz,
for the Registrar,
gave a judgment on 16 February 2005, in which it:

I. Natsinas, Administrator,

Judges;

In Case T-447/04 R: Capgemini Nederland BV, established in
Utrecht (Netherlands), represented by M. Meulenbelt and H.
Speyart, lawyers, against Commission of the European Commu-
nities (Agent: L. Parpala, with an address for service in Luxem-
bourg) — application for suspension of operation, first, of the
Commission's decision to reject the bid submitted by the appli-
cant in response to a call for tenders (JAI-C3-2003-01) for the
development and installation of a second-generation Schengen
Information System (SIS II) and for the possible development
and installation of a Visa Information System (VIS) in the field
of justice and home affairs and of its decision to award the
contract to another bidder and, secondly, of the Commission's
decision to conclude a contract relating to the SIS II and VIS
systems with another bidder — the President of the Court of
First Instance has made an order on 31 January 2005, the
operative part of which is as follows:

1. Declares the action inadmissible as regards the fixed-rate travel

expenses prior to 2002.

1. The application for interim measures is dismissed.

2. Declares the action inadmissible also in so far as it contains an

application for an injunction.

2. Costs are reserved.

3. Dismisses
unfounded.

the reminder of

the claims

in the application as