Judgment of the Court (First Chamber) of 26 May 2005 in Case C-301/02 P Carmine Salvatore Tralli v European Central Bank (Appeal — Staff of the European Central Bank — Recruitment — Extension of the probationary period — Dismissal during the probationary period)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Central Bank, action for annulment (EU), dismissal, probationary period, work contract

23.7.2005

EN

Official Journal of the European Union

C 182/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 26 May 2005

(First Chamber)

of 2 June 2005

in Case C-301/02 P Carmine Salvatore Tralli v European
Central Bank (1)

in Case C-394/02: Commission of the European Commu-
nities v Hellenic Republic (1)

(Appeal — Staff of the European Central Bank — Recruit-
ment — Extension of the probationary period — Dismissal
during the probationary period)

(2005/C 182/01)

(Failure of a Member State to fulfil obligations — Directive
in the water, energy,
93/38/EEC — Public procurement
transport and telecommunications sectors — Contract for the
construction of a conveyor-belt system for the thermal-electri-
city generation plant at Megalopolis — Failure to publish a
contract notice — Technical reasons — Unforeseeable event
— Extreme urgency)

(Language of the case: German)

(2005/C 182/02)

In Case C-301/02 P: appeal under Article 49 of the EC Statute
of the Court of Justice, brought on 26 August 2002, Carmine
Salvatore Tralli (represented by N. Pflüger, Rechtsanwalt), the
other party to the proceedings being the European Central
Bank (Agents: V. Saintot
assisted by
B. Wägenbaur, Rechtsanwalt) — the Court (First Chamber),
composed of P. Jann, President of the Chamber, A. Rosas, R.
Silva de Lapuerta (Rapporteur), S. von Bahr and K. Schiemann,
Judges; P. Léger, Advocate General; M.-F. Contet, Principal
Administrator, for the Registrar, gave a judgment on 26 May
2005, in which it:

and M. Benisch,

1. Dismisses the appeal;

2. Orders Mr Tralli to pay the costs.

(1) OJ C 289 of 23.11.2002.

(Language of the case: Greek)

In Case C-394/02: Commission of the European Communities
(Agents: M. Nolin and M. Konstantinidis) v Hellenic Republic
(Agents: P. Mylonopoulos, D. Tsagkaraki and S. Chala) —
action under Article 226 EC for failure to fulfil obligations,
brought on 8 November 2002 — the Court (First Chamber),
composed of P. Jann (Rapporteur), President of the Chamber, K.
Lenaerts, J.N. Cunha Rodrigues, M. Ilešič and E. Levits, Judges;
F.G. Jacobs, Advocate General; K. Sztranc, Administrator, for
the Registrar, gave a judgment on 2 June 2005, in which it:

1. Declares that, by reason of the award by the public electricity
undertaking Dimosia Epicheirisi Ilektrismoy of the contract for the
construction of a conveyor-belt system for the thermal-electricity
generation plant at Megalopolis by means of a negotiated proce-
dure without prior publication of a contract notice, the Hellenic
Republic has failed to fulfil its obligations under Council Directive
93/38/EEC of 14 June 1993 coordinating the procurement proce-
dures of entities operating in the water, energy, transport and tele-
communications sectors, as amended by Directive 98/4/EC of the
European Parliament and the Council of 16 February 1998, and,
in particular, under Articles 20(1) and 21 thereof;