Judgment of the Court of First Instance of 17 March 2005 in Case T-362/03 Antonio Milano v Commission of the European Communities (Officials — Recruitment — Competition — Refusal of admission to a competition — Action for annulment and damages)
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU)

28.5.2005

EN

Official Journal of the European Union

C 132/27

established in Monteux (France), Menú Srl, established in
Medolla (Italy), Mutti SpA, established in Montechiarugolo
(Italy), National Conserve Srl, established in Sant'Egidio del
Monte Albino, Nestlé España, SA, established in Miajadas,
Nuova Agricast Srl, established in Verignola (Italy), Pancrazio
SpA, established in Cava De'Tirreni (Italy), Pecos SpA, estab-
lished in Castel San Giorgio, Pelati Sud di De Stefano Catello
Sas, established in Sant'Antonio Abate, Pomagro Srl, established
in Fisciano, Pomilia Srl, established in Nocera Superiore,
Raffaele Viscardi Srl, established in Scafati, Rispoli Luigi & C.
Srl, established in Altavilla Silentina (Italy), Rodolfi Mansueto
SpA, established in Collecchio, Riberal de Navarra S. en C.,
established in Castejon (Spain), Salvati Mario & C. SpA, estab-
lished in Mercato San Severino, Saviano Pasquale Srl, estab-
lished in San Valentino Torio, Sefa Srl, established in Nocera
Superiore, Serraiki Konservopia Oporokipeftikon Serko SA,
established in Serres, Sevath SA, established in Xanthi (Greece),
Silaro Conserve Srl, established in Nocera Superiore, ARP —
Agricoltori Riuniti Piacentini Soc. coop.
rl, established in
Gariga di Podenzano (Italy), Société coopérative agricole de
transformations
established in
ventes
Camaret-sur-Aigues (France), Sociedade de Industrialização de
Produtos Agrícolas — Sopragol, SA, established in Mora
(Portugal), Spineta SpA, established in Pontecagnano Faiano
(Italy), Star Stabilimento Alimentare SpA, established in Agrate
Brianza (Italy), Steriltom Aseptic — System Srl, established in
Plaisance (Italy), Sugal Alimentos, SA, established in Azambuja
(Portugal), Sutol — Indústrias Alimentares, Lda, established in
Alcácer do Sal (Portugal), Tomsil — Sociedade Industrial de
Concentrado de Tomate, SA, established in Ferreira do Alentejo
(Portugal), Transformaciones Agrícolas de Badajoz, SA, estab-
lished in Villanueva de la Serena (Spain), Zanae — Nicoglou
levures de boulangerie industrie commerce alimentaire SA,
established in Thessalonica (Greece), represented by J. da Cruz
Vilaça, R. Oliveira, M Melícias and D. Choussy, avocats, against
Commission of the European Communities (Agent: M. Nolin,
with an address for service in Luxembourg) — the Court of
First Instance (Third Chamber), composed of J. Azizi, President,
F. Dehousse and E. Cremona, Judges; J. Palacio González, Prin-
cipal Administrator, for the Registrar, gave a judgment on 17
March 2005, in which it:

(SCATV),

and de

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 16 March 2005

in Case T-329/03 Fabio Andrés Ricci v Commission of the
European Communities (1)

(Officials — Competition — Condition for admission —
Professional experience — Decisions of the competition selec-
tion board — Type of control exercised by the appointing
authority — Evaluation of experience — Legitimate expecta-
tions)

(2005/C 132/48)

(Language of the case: Italian)

In Case T-329/03: Fabio Andrés Ricci, residing in Turin (Italy),
represented by M. Condinanzi, lawyer, against Commission of
the European Communities (Agents: J. Currall and H. Tserepa-
Lacombe, and A. Dal Ferro, lawyer, with an address for service
in Luxembourg) — application for annulment of the decision
of the Commission not to appoint the applicant in connection
with vacancy notice COM/2001/5265/R — the Court of First
Instance (Second Chamber), composed of J. Pirrung, President,
N.J. Forwood and S. Papasavvas, Judges; J. Palacio González,
Principal Administrator, for the Registrar, gave a judgment on
16 March 2005, in which it:

1. Dismisses the application;

2. Orders each party to bear its own costs.

(1) OJ C 275, 15.11.2003.

1. Dismisses the application;

JUDGMENT OF THE COURT OF FIRST INSTANCE

2. Orders the applicants to bear five sixths of their costs and the
Commission, in addition to bearing its own costs, to pay one sixth
of the applicant's costs.

(1) OJ C 251 of 18.10.2003.

of 17 March 2005

in Case T-362/03 Antonio Milano v Commission of the
European Communities (1)

(Officials — Recruitment — Competition — Refusal of
admission to a competition — Action for annulment and
damages)

(2005/C 132/49)

(Language of the case: Italian)

In Case T-362/03: Antonio Milano, residing in Isernia (Italy),
represented by S. Scarano, lawyer, against Commission of the

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,