Judgment of the Court of First Instance of 7 June 2005 in Case T-375/02 Alessandro Cavallaro v Commission of the European Communities (Officials — Open competition — Decision of the selection board not to admit a candidate to the oral tests in consequence of the result obtained in the written test — Secrecy of the proceedings of the selection board — Statement of reasons — Equal treatment — Error of fact)
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, appointment of staff, competition (EU), equal treatment, staff assessment

C 193/24

EN

Official Journal of the European Union

6.8.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 7 June 2005

in Case T-375/02 Alessandro Cavallaro v Commission of
the European Communities (1)

(Officials — Open competition — Decision of the selection
board not to admit a candidate to the oral tests in conse-
quence of the result obtained in the written test — Secrecy of
the selection board — Statement of
the proceedings of

reasons — Equal treatment — Error of fact)

(2005/C 193/37)

(Language of the case: Italian)

In Case T-375/02: Alessandro Cavallaro, residing in Rome
(Italy), represented by C. Forte, lawyer, against Commission of
the European Communities (Agents: J. Currall and L. Lozano
Palacios, assisted by A. Dal Ferro, lawyer, with an address for
service in Luxembourg) — application for annulment of the
decision of the appointing authority of 11 September 2002
rejecting the applicant's complaint lodged against the decision
of the selection board in Open Competition COM/A/6/01 of
15 May 2002 to give him an insufficient mark for the written
test in that competition and, in consequence, not to admit him
to the oral tests, and for annulment of the subsequent stages of
that competition, in so far as is necessary to restore his rights
— the Court of First Instance (Fifth Chamber), composed of M.
Vilaras, President, M.E. Martins Ribeiro and K. Jürimäe, Judges;
M.J. Plingers, Administrator, for the Registrar, gave a judgment
on 7 June 2005, in which it:

1. Dismisses the application;

2. Orders the parties to bear their own costs.

(1) OJ C 44 of 22.2.2003.

(Belgium), represented by F. Renard, lawyer, against Council of
the European Union (Agents: M. Sims and F. Anton) — applica-
tion, firstly, for annulment of the decision drawing up the
applicant's final staff report for the 1999/2001 period and,
secondly, for compensation for the damage allegedly suffered
by her — the Court of First Instance (First Chamber), composed
of J.D. Cooke, President, R. García-Valdecasas and I. Labucka,
Judges;
for the Registrar, gave a
judgment on 31 May 2005, the operative part of which is as
follows:

I. Natsinas, Administrator,

1. There is no need to adjudicate on the claims for annulment;

2. The claims for compensation are rejected as unfounded;

3. The parties shall bear their own costs.

(1) OJ C 112 of 10.5.2003.

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 2 June 2005

in Case T-177/03 Andreas Strohm v Commission of the
European Communities (1)

(Officials — Refusal of promotion to Grade A4 — Consid-
eration of comparative merits — Duty to state grounds —
Additional statement of grounds — Action for annulment
and compensation — Admissibility)

JUDGMENT OF THE COURT OF FIRST INSTANCE

(2005/C 193/39)

of 31 May 2005

(Language of the case: German)

in Case T-105/03 Triantafyllia Dionyssopoulou v Council
of the European Union (1)

(Officials — Staff report — Action for annulment — No
longer any legal interest in bringing proceedings — No need
to adjudicate — Action for compensation)

(2005/C 193/38)

(Language of the case: French)

In Case T-105/03: Triantafyllia Dionyssopoulou, a former offi-
cial of the Council of the European Union, residing in Brussels

the European Communities,

In Case T-177/03: Andreas Strohm, an official of the Commis-
sion of
residing in Brussels
(Belgium), represented by C. Illig, lawyer, against Commission
the European Communities (Agents: C. Berardis-Kayser,
of
assisted by B. Wägenbaur, lawyer, with an address for service
in Luxembourg) — application for annulment of the Commis-
sion's decision dated 14 August 2002, not to promote the
applicant to Grade A4 in the 2002 procedure, and for compen-
sation — the Court of First Instance (Fifth Chamber), composed
of M. Vilaras, President, F. Dehousse and D. Šváby, Judges; C.
Kristensen, Administrator, for the Registrar, gave a judgment
on 2 June 2005, in which it: