Order of the Court of First Instance of 10 January 2005 in Case T-209/04 Kingdom of Spain v Commission of the European Communities (Fisheries policy — Detailed rules and arrangements regarding Community structural assistance in the fisheries sector — Request for authorisation for the establishment of joint enterprises — Failure by the Commission to take a decision — Action for failure to act — Action manifestly unfounded)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, Spain, State aid, action for failure to act, fishing vessel, incorporation, mixed-ownership company

14.5.2005

EN

Official Journal of the European Union

C 115/21

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 8 March 2005

in Case T-277/03 Dionysia Vlachaki, spouse of Petros
Eleftheriadis v Commission of
the European Commu-
nities (1)

(Former auxiliary staff — Recovery of remuneration unduly
paid after expiry of the contract — Interest on arrears —
Action for annulment — Statement of reasons — Force
majeure)

the European Parliament

(France), Carl Lang, residing in Boulogne-Billancourt (France),
Jean-Claude Martinez, residing in Montpellier (France), Philip
Claeys, residing in Overijse (Belgium) and Koen Dillen, residing
in Antwerp (Belgium), represented by W. de Saint Just, lawyer,
against
(Agents: H. Krück and N.
Lorenz, having an address for service in Luxembourg) — action
for annulment of the decision of the Bureau of the European
Parliament of 2 July 2003 amending the rules on the use of
credits under budgetary heading 3701 of the general budget of
the European Union — the Court of First Instance (Second
Chamber), composed of J. Pirrung, President, A.W.H. Meij and
I. Pelikánová, Judges; H. Jung, Registrar, made an order on 10
January 2005, the operative part of which is as follows:

(2005/C 115/39)

(Language of the case: Greek)

or

In Case T-277/03: Dionysia Vlachaki, spouse of Petros Elefther-
iadis, residing in Polydroso Amarousiou (Greece), represented
by T. Sigalas, lawyer, against the Commission of the European
Communities (Agents:
I. Dimitriou and G. Wilms, with an
address for service in Luxembourg) — application for annul-
ment
decision
C(2003)738 final of 25 March 2003 concerning the recovery
of
remuneration unduly paid to the applicant, a former
auxiliary agent — the Court of First Instance (Fifth Chamber),
composed of M. Vilaras, President, F. Dehousse and D. Šváby,
for the Registrar, gave a
Judges;
judgment on 8 March 2005, in which it:

I. Natsinas, Administrator,

Commission

variation

partial

of

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 264 of 1.11.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 10 January 2005

in Case T-357/03 Bruno Gollnisch and Others v European
Parliament (1)

(Decision of the Bureau of the European Parliament —
Action for annulment — Inadmissibility)

(2005/C 115/40)

(Language of the case: French)

In Case T-357/03: Bruno Gollnisch,
residing in Limonest
(France), Marie-France Stirbois, residing in Villeneuve-Loubet

1. The opinion of the Parliament's legal service, produced by the
applicants in Annex 5 to the application, is removed from the file;

2. The action is dismissed as inadmissible;

3. The applicants shall bear their own costs and pay those incurred

by the Parliament.

(1) OJ C 7 of 10.1.2004.

ORDER OF THE COURT OF FIRST INSTANCE

of 10 January 2005

in Case T-209/04 Kingdom of Spain v Commission of the
European Communities (1)

(Fisheries policy — Detailed rules and arrangements
regarding Community structural assistance in the fisheries
sector — Request for authorisation for the establishment of
joint enterprises — Failure by the Commission to take a deci-
sion — Action for failure to act — Action manifestly
unfounded)

(2005/C 115/41)

(Language of the case: Spanish)

In Case T-209/04: the Kingdom of Spain, represented by N.
Díaz Abad, lawyer, with an address for service in Luxembourg,
against the Commission of the European Communities (Agents:
T. van Rijn and S. Pardo Quintillán) — action for failure to act
the Commission has unlawfully
seeking a declaration that

C 115/22

EN

Official Journal of the European Union

14.5.2005

omitted to take a decision on the authorisations requested by
the Spanish authorities concerning the establishment of joint
enterprises,
in accordance with Council Regulation (EC) No
2792/1999 of 17 December 1999 laying down the detailed
rules and arrangements regarding Community structural assis-
tance in the fisheries sector (OJ 1999 L 337, p. 10), as
amended by Council Regulation (EC) No 2369/2002 of 20
December 2002 (OJ 2002 L 358, p. 49) — the Court of First
Instance (Third Chamber), composed of M. Jaeger, President, J.
Azizi and E. Cremona,
Jung, Registrar, made an
Judges; H.
order on 10 January 2005, the operative part of which is as
follows:

1. The action is dismissed so far as concerns the requests relating to

the vessels Balcagia and Enterprace;

2. There is no further need to adjudicate on the remainder of the

action;

3. The applicant shall bear the costs.

(1) OJ C 201 of 7.8.2004.

concerning the marks awarded in the oral test and his exclu-
sion from the list of successful candidates in the competition
of 22 April 2004;

2. order the Commission to pay the costs.

Pleas in law and main arguments

The applicant in these proceedings contests the decision of the
selection board in Competition COM/B/2/02, excluding him, as
a result of the marks awarded in his oral test, from the list of
candidates finally selected.

the selection board had confined itself

In that respect, the applicant requested the chairman of the
selection board to review his oral test; the chairman replied
that
in his case to
applying the assessment criteria (‘grille d'évaluation’) used for
all the candidates and that the manner in which the selection
board had applied the classification procedure was protected by
the requirement of confidentiality.

In support of his claims, the applicant alleges infringement of
the principle of transparency and disregard of what constitutes
a ‘document’, for Community purposes, basing its decision to
exclude the applicant on an existing document
(la grille
the contents of which are not specified and
d'évaluation),
which remain confidential.

Action brought on 30 December 2004 by Arturo Ruiz
Bravo-Villasante against the Commission of the European
Communities

(Case T-507/04)

(2005/C 115/42)

(Language of the case: Spanish)

Action brought on 19 January 2005 by Claire Staelen
against European Parliament

(Case T-32/05)

(2005/C 115/43)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 30 December 2004 by Arturo Ruiz
Bravo-Villasante, residing in Madrid, represented by Jose Luis
Fuertes Suárez, lawyer.

The applicant claims that the Court of First Instance should:

1. annul the decision of the appointing authority, namely the
Director of the European Personnel Selection Office, of 23
August 2004, dealing with the complaint against the deci-
sion of the selection board in Competition COM/B/2/02,

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
19 January 2005 by Claire Staelen, residing in Bridel (Luxem-
bourg), represented by Joëlle Choucroun,
lawyer, having an
address for service in Luxembourg.

The applicant claims that the Court should:

1. annul the decision of the selection board of 18 August

2004 in Competition EUR/A/151/98;