Judgment of the Court of First Instance of 31 May 2005 in Case T-272/02, Comune di Napoli v Commission of the European Communities (European Regional Development Fund (ERDF) — Construction of an underground rail line in Naples (Italy) — Conclusion of Community financial assistance — Action for annulment — Legitimate expectations — Fairness — Statement of reasons)
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: European Regional Development Fund, action for annulment (EU), auditing, expenditure

6.8.2005

EN

Official Journal of the European Union

C 193/23

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 31 May 2005

of 31 May 2005

in Case T-272/02, Comune di Napoli v Commission of the
European Communities (1)

in Case T-284/02 Triantafyllia Dionyssopoulou v Council
of the European Union (1)

(European Regional Development Fund (ERDF) — Construc-
tion of an underground rail line in Naples (Italy) — Conclu-
sion of Community financial assistance — Action for annul-
ment — Legitimate expectations — Fairness — Statement of
reasons)

(Officials — Promotion — Article 45 of the Staff Regula-
tions — Consideration of comparative merits — Taking into
account of the actual duties performed during the reference
period — Taking into account of age and seniority — Action
for annulment — Action for compensation)

(2005/C 193/35)

(Language of the case: Italian)

(2005/C 193/36)

(Language of the case: French)

In Case T-272/02: Comune di Napoli (Italy), represented by M.
Merola, C. Tesauro, G. Tarallo and E. Barone, lawyers, against
Commission of the European Communities (Agents: L. Flynn
and A. Aresu, with an address for service in Luxembourg) —
Application for annulment of the decision of the Commission
notified in a letter of 11 June 2002 to the Italian Ministry of
Finance concluding the financial assistance granted from the
European Regional Development Fund (ERDF) (Assistance No
850503066) and the implied rejection of an application for
correction of the account relating to other financial assistance
granted from the ERDF (Assistance No 850503067) — the
Court of First Instance (Fifth Chamber), composed of P. Lindh,
President, R. García-Valdecasas and J.D. Cooke,
J.
for the Registrar,
Palacio González, Principal Administrator,
gave a judgment on 31 May 2005, in which it:

Judges;

In Case T-284/02: Triantafyllia Dionyssopoulou, a former offi-
cial of the Council of the European Union, residing in Brussels
(Belgium), represented by J. Martin, lawyer, against Council of
the European Union (Agents: M. Sims and F. Anton) — applica-
tion, firstly, for annulment of the decision not to promote the
applicant to Grade C2 in the 2001 promotion procedure and,
secondly, for compensation for the damage allegedly suffered
by the applicant as a result of that decision — the Court of
First Instance (First Chamber), composed of J.D. Cooke, Presi-
dent, R. García-Valdecasas and I. Labucka, Judges; I. Natsinas,
Administrator, for the Registrar, gave a judgment on 31 May
2005, in which it:

1. Dismisses the action;

1. Dismisses the application;

2. Orders the parties to bear their own costs.

2. Orders the parties to bear their own costs.

(1) OJ C 261 of 26.10.2002.

(1) OJ C 289 of 23.11.2002.