Judgment of the Court (Second Chamber) of  10 January 2006  in Case C-373/04 P: Commission of the European Communities v Mercedes Alvarez Moreno (Appeal — Officials — Member of the auxiliary staff — Conference interpreter — Action — Request pursuant to Article 90(1) of the Staff Regulations — Measure adversely affecting a person — Definition)
Date: 2006-02-25
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), age discrimination, appeal, equal treatment, information profession, population of working age, servant (EU)

25.2.2006

EN

Official Journal of the European Union

C 48/9

— was not adopted on the basis of matters likely to give rise to

discrimination against one of the tenderers.

3. Orders each of the parties to bear its or her own costs relating to
the present proceedings and to those brought before the Court of
First Instance of the European Communities.

(1) OJ C 239 of 25.09.2004.

(1) OJ C 251, 9.10.2004.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 10 January 2006

(Sixth Chamber)

of 15 December 2005

in Case C-373/04 P: Commission of the European Commu-
nities v Mercedes Alvarez Moreno (1)

in Case C-33/05: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Appeal — Officials — Member of the auxiliary staff —
Conference interpreter — Action — Request pursuant to
Article 90(1) of the Staff Regulations — Measure adversely
affecting a person — Definition)

(Failure of a Member State to fulfil obligations — Directive
2000/60/EC — Community action in the field of water policy
— Failure to transpose within the period prescribed)

(2006/C 48/17)

(Language of the case: French)

(2006/C 48/18)

(Language of the case: French)

In Case C-373/04 P, appeal pursuant to Article 56 of the
Statute of the Court of Justice lodged on 27 August 2004 by
the Commission of the European Communities (Agents: D.
Martin and F. Clotuche-Duvieusart), the other party to the
proceedings being Mercedes Alvarez Moreno residing in Berlin
(Germany)
(Lawyers: G. Vandersanden and L. Levi) — the
Court (Second Chamber), composed of C. W. A. Timmermans,
President of the Chamber, J. Makarczyk, C. Gulmann, G. Arestis
Judges; C. Stix-Hackl, Advocate
(Rapporteur) and J. Klučka,
General; R. Grass, Registrar, has given a judgment on 10
January 2006, in which it:

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 10 June 2004 in Joined Cases T-153/01
and T-323/01 Alvarez Moreno v Commission in so far as it
declared that the action for annulment of the letter of Mr Walker
of 23 February 2001 was admissible and ordered the Commission
of
the costs
relating to the action in Case T-323/01;

the European Communities to pay the whole of

2. In Case T-323/01, dismisses the action for annulment of, first,
the letter of Mr Walker of 23 February 2001 and, second, the
decision of the Commission of the European Communities of 7
September 2001, rejecting Mrs Alvarez Moreno's complaint;

In Case C-33/05 Commission of the European Communities
(Agents: J. Hottiaux and S. Pardo Quintillán) v Kingdom of
Belgium (Agent: M. Wimmer) — ACTION for a declaration of
failure to fulfil obligations pursuant to Article 226 EC, brought
on 31 January 2005 — the Court (Sixth Chamber), composed
of J. Malenovský, President of the Chamber, J.-P. Puissochet and
A. Ó. Caoimh (Rapporteur), Judges; P. Léger, Advocate General;
R. Grass, Registrar, has given a judgment on 15 December
2005, in which it:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt within the period prescribed the
laws,
to
comply with Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy, as regards the
Brussels-Capital Region, the Kingdom of Belgium has failed to
fulfil its obligations under that directive.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 82, 2.4.2005.