Order of the Court of First Instance of 19 January 2005 in Case T-372/03 Yves Mahieu v Commission of the European Communities (Officials — Time-limits for complaints and actions — Implied rejection of the complaint — Inadmissibility)
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: European Commission, European official, Eurostat, action for annulment (EU), allowances and expenses, equal treatment, psychological harassment

C 132/28

EN

Official Journal of the European Union

28.5.2005

1. The application is dismissed as inadmissible.

2. The applicant shall bear its own costs and pay those incurred by

the defendant.

(1) OJ C 146 of 21. 6.2003.

European Communities (Agent:
J. Currall and A. Dal Ferro,
lawyer, with an address for service in Luxembourg) — applica-
tion for annulment of the decisions not to admit the applicant
to Open Competition COM/A/4/02 for the creation of a list of
persons suitable to take the post of head of representation
(Grade A 3) in Rome and an order that the defendant compen-
sate the damage incurred — the Court of First Instance (Third
Chamber), composed of M. Jaeger, President, J. Azizi and E.
Cremona, Judges; J. Palacio González, Principal Administrator,
for the Registrar, gave a judgment on 17 March 2005,
in
which it:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 304, 13.12.2003.

ORDER OF THE COURT OF FIRST INSTANCE

of 19 January 2005

in Case T-372/03 Yves Mahieu v Commission of the Euro-
pean Communities (1)

(Officials — Time-limits for complaints and actions —
Implied rejection of the complaint — Inadmissibility)

(2005/C 132/51)

(Language of the case: French)

In Case T-372/03: Yves Mahieu, official of the Commission of
the European Communities, residing in Auderghem (Belgium),
represented by L. Vogel,
lawyer, against Commission of the
European Communities (Agents: J. Currall and H. Krämer, with
an address for service in Luxembourg), — application for,
firstly, the annulment of the decisions implicitly rejecting the
claim brought by the applicant on 29 October 2002 against
the decision of the Commission of 6 August 2002 rejecting his
request made on the basis of Articles 24 and 90(1) of the Staff
Regulations in connection with the mental harassment which
he allegedly suffered and, secondly, damages — the Court of
First Instance (Fifth Chamber), composed of M. Vilaras, Presi-
dent, F. Dehousse and D. Šváby, Judges; H. Jung, Registrar,
made an order on 19 January 2005, the operative part of
which is as follows:

1. The action is dismissed as inadmissible;

2. Each party shall bear its own costs.

(1) OJ C 7, 10.1.2004.

ORDER OF THE COURT OF FIRST INSTANCE

of 16 February 2005

in Case T-142/03 Fost Plus VZW v Commission of the
European Communities (1)

(Action for annulment — Action brought by a legal person
— Act of individual concern to it — Decision 2003/82/EC
— Targets for recovery and recycling of packaging waste —
Directive 94/62/EC — Inadmissibility)

(2005/C 132/50)

(Language of the case: Dutch)

In Case T-142/03: Fost Plus VZW, established in Brussels
(Belgium), represented by P. Wytinck and H. Viaene, lawyers,
against Commission of the European Communities (Agents: M.
van Beek and M. Konstantidinis, with an address for service in
Luxembourg) — application for annulment of Article 1 of
Commission Decision 2003/82/EC of 29 January 2003
confirming measures notified by Belgium pursuant to Article
6(6) of Directive 94/62/EC of the European Parliament and the
Council on packaging and packaging waste (OJ L 31, p. 32) —
in
the Court of First
deliberation, of J. Azizi, President, M. Jaeger and F. Dehousse,
Judges; H.
Jung, Registrar, made an order on 16 February
2005, the operative part of which is as follows:

Instance (Third Chamber), composed,