do-me/EUR-LEX huggingface dataset:
Judgment of the Court of First Instance of 8 March 2005 in Case T-275/02 D v European Investment Bank (EIB) (Agents of the EIB — Action for annulment — Admissibility — Extension of the probationary period — Termination of contract — Conditions — Action for compensation)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Investment Bank, action by staff, probationary period, servant (EU), termination of a contract, work contract

14.5.2005

EN

Official Journal of the European Union

C 115/19

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 March 2005

of 8 March 2005

in Case T-254/02, L v Commission of

the European

Communities (1)

in Case T-275/02 D v European Investment Bank (EIB) (1)

(Officials — Duty to provide assistance — Article 24 of the
Staff Regulations — Scope — Harassment — Claim for
compensation — Occupational illness)

(Agents of the EIB — Action for annulment — Admissibility
— Extension of the probationary period — Termination of
contract — Conditions — Action for compensation)

(2005/C 115/35)

(Language of the case: French)

(2005/C 115/36)

(Language of the case: French)

In Case T-254/02, L, an official of the Commission of the Euro-
pean Communities, residing in London (United Kingdom),
represented by J. Van Rossum, and then by S. Rodrigues and P.
Legros,
lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agent: J.
Currall, assisted by D. Waelbroeck, lawyer, with an address for
service in Luxembourg) — APPLICATION for the annulment of
the Commission decisions rejecting a request for assistance,
access to documents and compensation, and refusing to recog-
nise an occupational illness, and, also, a claim for damages, the
Court of First
Instance (Fourth Chamber), composed of H.
Legal, President, V. Tiili and M. Vilaras, Judges; for the Regis-
trar: M. I. Natsinas, administrator, has given a judgment on 9
March 2005 in which it:

In Case T-275/02: D, a former agent of the European Invest-
ment Bank, residing in Luxembourg (Luxembourg), represented
by J. Choucroun, lawyer, with an address for service in Luxem-
bourg, against European Investment Bank (EIB)
J.-P.
Minnaert, assisted by P. Mousel,
lawyer, with an address for
service in Luxembourg) — application for annulment of the
decisions of the EIB extending the applicant's probationary
period and terminating his contract, and application for
compensation in respect of
the material and non-material
damage allegedly suffered — the Court of First Instance (Fifth
Chamber), composed of M. Vilaras, President, F. Dehousse and
D. Šváby, Judges; C. Kristensen, Administrator, for the Regis-
trar, has given a judgment on 8 March 2005, in which it:

(Agent:

1. Dismisses the action;

1. Dismisses the application;

2. Declares that it is unnecessary to rule on the request for confidenti-

ality of the European Investment Bank;

2. Orders the parties to bear their own costs.

3. Orders the parties to bear their own costs.

(1) OJ C 261 of 26.10.2002.

(1) OJ C 261 of 26.10.2002.
Removal from the Register of Case T-197/03
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: EU financing, EU programme, European Commission, action for annulment (EU), award of contract, economic sanctions, foreign market

C 115/40

EN

Official Journal of the European Union

14.5.2005

The United Kingdom challenges this refusal and submits that
the Commission's letter of 1 February 2005 is a reviewable act
under Article 230 EC as it is intended to have legal effects since
to
the Commission has adopted a definitive position as
whether the United Kingdom is entitled to make amendments
to the provisional national allocation plan.

The United Kingdom further alleges that
letter of 1 February 2005 is wrong as a matter of law since:

the Commission's

— Articles 9(1), 9(3) and 11(1) of the Directive allow for
amendments to be made to the total quantity of allowances
that a Member State will allocate after the adoption of a
decision by the Commission under Article 9(3) of the Direc-
tive,

— Article 3(3) of the Commission's Decision C(2004)2515/4
final envisages that amendments may be made to deal with
matters other than the incompatibilities identified in the
Decision, and

— the United Kingdom cannot fully comply with its obliga-
tions under Article 11(1) of the Directive until the Commis-
sion has considered the amended national allocation plan in
accordance with Article 9(3) of the Directive.

(1) OJ L 275 of 25 October 2003, p. 32.

Removal from the Register of Case T-289/99 (1)

(2005/C 115/70)

(Language of the case: Dutch)

By order of 28 January 2005, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-289/99, V.O.F. Heiliger, supported by
the Kingdom of the Netherlands v Commission of the European
Communities.

Removal from the Register of Case T-122/03 (1)

(2005/C 115/71)

(Language of the case: German)

the Court of First

By order of 9 February 2005, the President of the Second
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-122/03, AGA AB v Commission of
the European
Communities.

Instance of

(1) OJ C 171 of 19.7.2003.

Removal from the Register of Case T-197/03 (1)

(2005/C 115/72)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-197/03, Proras Srl Engineering and Contracting v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 184 of 2.8.2003.

Removal from the Register of Case T-412/03 (1)

(2005/C 115/73)

(Language of the case: German)

the Fifth
By order of 25 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-412/03, Angelo Wille v European Parliament.

the President of
Instance of

(1) OJ C 63 of 4.3.2000.

(1) OJ C 94 of 17.4.2004.
Removal from the Register of Case T-289/99
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), control of State aid, distributive trades, petrol

C 115/40

EN

Official Journal of the European Union

14.5.2005

The United Kingdom challenges this refusal and submits that
the Commission's letter of 1 February 2005 is a reviewable act
under Article 230 EC as it is intended to have legal effects since
to
the Commission has adopted a definitive position as
whether the United Kingdom is entitled to make amendments
to the provisional national allocation plan.

The United Kingdom further alleges that
letter of 1 February 2005 is wrong as a matter of law since:

the Commission's

— Articles 9(1), 9(3) and 11(1) of the Directive allow for
amendments to be made to the total quantity of allowances
that a Member State will allocate after the adoption of a
decision by the Commission under Article 9(3) of the Direc-
tive,

— Article 3(3) of the Commission's Decision C(2004)2515/4
final envisages that amendments may be made to deal with
matters other than the incompatibilities identified in the
Decision, and

— the United Kingdom cannot fully comply with its obliga-
tions under Article 11(1) of the Directive until the Commis-
sion has considered the amended national allocation plan in
accordance with Article 9(3) of the Directive.

(1) OJ L 275 of 25 October 2003, p. 32.

Removal from the Register of Case T-289/99 (1)

(2005/C 115/70)

(Language of the case: Dutch)

By order of 28 January 2005, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-289/99, V.O.F. Heiliger, supported by
the Kingdom of the Netherlands v Commission of the European
Communities.

Removal from the Register of Case T-122/03 (1)

(2005/C 115/71)

(Language of the case: German)

the Court of First

By order of 9 February 2005, the President of the Second
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-122/03, AGA AB v Commission of
the European
Communities.

Instance of

(1) OJ C 171 of 19.7.2003.

Removal from the Register of Case T-197/03 (1)

(2005/C 115/72)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-197/03, Proras Srl Engineering and Contracting v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 184 of 2.8.2003.

Removal from the Register of Case T-412/03 (1)

(2005/C 115/73)

(Language of the case: German)

the Fifth
By order of 25 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-412/03, Angelo Wille v European Parliament.

the President of
Instance of

(1) OJ C 63 of 4.3.2000.

(1) OJ C 94 of 17.4.2004.