do-me/EUR-LEX huggingface dataset:
Case T-95/04: Judgment of the Court of First Instance of  17 May 2006  — Lavagnoli v Commission (Officials — Staff report — Regularity of the assessment procedure — Carrying on of activities by staff and union representative — Obligation to state reasons — Action for annulment)
Date: 2006-07-15
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), equal treatment, regulations for civil servants, staff assessment

15.7.2006

EN

Official Journal of the European Union

C 165/25

Judgment of the Court of First Instance of 17 May 2006 —
Lavagnoli v Commission

Re:

(Case T-95/04) (1)

Application for the annulment of the decision relating to the
applicant's classification in grade

(Officials — Staff report — Regularity of the assessment
procedure — Carrying on of activities by staff and union
representative — Obligation to state reasons — Action for
annulment)

(2006/C 165/47)

Language of the case: French

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders each party to bear its own costs.

Parties

(1) OJ C 284, 20.11.2004.

Applicant: Luciano Lavagnoli
sented by: G. Bounéou and F. Frabetti, lawyers)

(Berchem, Luxembourg)

(repre-

Defendant: Commission of the European Communities (repre-
sented by: J. Curral and H. Krämer, Agents)

Re:

Application for annulment of the assessment exercise for the
period from 1 July 1999 to 30 June 2001 as regards the appli-
cant and of the decision adopting the applicant's definitive staff
report for that period

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2004.

Judgment of the Court of First Instance of 10 May 2006 —
R v Commission

(Case T-331/04) (1)

(Officials — Appointment — Classification in grade —
Article 31(2) of the Staff Regulations)

(2006/C 165/48)

Language of the case: German

Parties

Judgment of the Court of First Instance of 10 May 2006 —
Air One SpA v Commission of the European Communities

(Case T-395/04) (1)

(State aid — Air transport — Complaint — Failure by the
Commission to define its position — Action for failure to act
— Time-limit — Admissibility)

(2006/C 165/49)

Language of the case: Italian

Parties

Applicant: Air One SpA (Chieti, Italy) (represented by: G. Belotti
and M. Padellaro, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci and E. Righini, Agents)

Re:

Application Action under Article 232 EC for a declaration that
the Commission has unlawfully failed to define its position on
the applicant's complaint concerning aid granted to the air
carrier Ryanair by the Italian authorities

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs

Applicant: R (Chaumont-Gistoux, Belgium) (represented by: B.
Arians, lawyer)

(1) OJ C 300, 4.12.2004.

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and H. Kraemer, acting as Agents)
Case T-331/04: Judgment of the Court of First Instance of  10 May 2006  — R v Commission (Officials — Appointment — Classification in grade — Article 31(2) of the Staff Regulations)
Date: 2006-07-15
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, action for annulment (EU), professional career, professional experience, regulations for civil servants, staff assessment

15.7.2006

EN

Official Journal of the European Union

C 165/25

Judgment of the Court of First Instance of 17 May 2006 —
Lavagnoli v Commission

Re:

(Case T-95/04) (1)

Application for the annulment of the decision relating to the
applicant's classification in grade

(Officials — Staff report — Regularity of the assessment
procedure — Carrying on of activities by staff and union
representative — Obligation to state reasons — Action for
annulment)

(2006/C 165/47)

Language of the case: French

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders each party to bear its own costs.

Parties

(1) OJ C 284, 20.11.2004.

Applicant: Luciano Lavagnoli
sented by: G. Bounéou and F. Frabetti, lawyers)

(Berchem, Luxembourg)

(repre-

Defendant: Commission of the European Communities (repre-
sented by: J. Curral and H. Krämer, Agents)

Re:

Application for annulment of the assessment exercise for the
period from 1 July 1999 to 30 June 2001 as regards the appli-
cant and of the decision adopting the applicant's definitive staff
report for that period

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2004.

Judgment of the Court of First Instance of 10 May 2006 —
R v Commission

(Case T-331/04) (1)

(Officials — Appointment — Classification in grade —
Article 31(2) of the Staff Regulations)

(2006/C 165/48)

Language of the case: German

Parties

Judgment of the Court of First Instance of 10 May 2006 —
Air One SpA v Commission of the European Communities

(Case T-395/04) (1)

(State aid — Air transport — Complaint — Failure by the
Commission to define its position — Action for failure to act
— Time-limit — Admissibility)

(2006/C 165/49)

Language of the case: Italian

Parties

Applicant: Air One SpA (Chieti, Italy) (represented by: G. Belotti
and M. Padellaro, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci and E. Righini, Agents)

Re:

Application Action under Article 232 EC for a declaration that
the Commission has unlawfully failed to define its position on
the applicant's complaint concerning aid granted to the air
carrier Ryanair by the Italian authorities

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs

Applicant: R (Chaumont-Gistoux, Belgium) (represented by: B.
Arians, lawyer)

(1) OJ C 300, 4.12.2004.

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and H. Kraemer, acting as Agents)
Euro exchange rates
Date: 2006-07-15
Institutions: European Commission
Subjects: euro, exchange rate

15.7.2006

EN

Official Journal of the European Union

C 164/1

I

(Information)

COMMISSION

Euro exchange rates (1)

14 July 2006

(2006/C 164/01)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

LVL

MTL

PLN

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Maltese lira

Polish zloty

RON

Romanian leu

1,2666

146,83

7,4593

0,68750

9,2043

1,5607

94,94

7,9155

1,9558

0,5750

28,495

15,6466

282,45

3,4528

0,6960

0,4293

4,0413

3,5933

SIT

SKK

TRY

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

NZD New Zealand dollar

SGD

Singapore dollar

239,64

38,710

2,0050

1,6806

1,4289

9,8493

2,0437

2,0073

KRW South Korean won

1 208,15

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

9,1297

10,1272

7,2478

Indonesian rupiah

11 621,06

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,650

66,307

34,1470

48,099

(1) Source:

reference exchange rate published by the ECB.
Case F -81/05: Order of the Civil Service Tribunal of  13 June 2006  — Maccanti v CESE
Date: 2006-07-15
Institutions: Civil Service Tribunal
Subjects: European Economic and Social Committee, action by staff, personnel administration, promotion, servant (EU)

15.7.2006

EN

Official Journal of the European Union

C 165/37

Form of order sought

— annul the individual decision relating to a change of cate-
gory, effective as from 16 August 2005, notified on 19
September 2005;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The applicant is a successful candidate of the internal competi-
tion COM/PC/04, published before the new Staff Regulations
entered into force. She was appointed an official thereunder
and classified in grade C*1, that is, the same grade in which she
had been classified during her last temporary agent contract.
Although previously she had enjoyed a more advantageous
classification, she had been downgraded to grade C*1 prior to
her appointment as an official.

In support of her action, the applicant alleges breach of Articles
31 and 62 of the Staff Regulations and Articles 5 and 2 of
Annex XIII to the Staff Regulations.

The applicant also alleges violation of the principle of protec-
tion of legitimate expectations and the principle of protection
of acquired rights.

Order of the Civil Service Tribunal of 13 June 2006 —
Maccanti v CESE

(Case F -81/05) (1)

(2006/C 165/75)

Language of the case: French

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 281, 12.11.2005.
Case T-398/05: Order of the Court of First Instance of  5 May 2006  — Tesoka v EUROFOUND (Referral to the Civil Service Tribunal)
Date: 2006-07-15
Institutions: Court of First Instance
Subjects: Eurofound, European official, action by staff, dismissal, indemnification, personnel administration, regulations for civil servants

C 165/26

EN

Official Journal of the European Union

15.7.2006

Judgment of the Court of First Instance of 16 May 2006 —
Martin Magone v Commission

Defendant: Commission of the European Communities (repre-
sented by: V. Joris, G. Wilms and A. Weimar, Agents)

(Case T-73/05) (1)

(Officials — Career development report — Action for annul-
ment — Action for compensation — Manifest error of
assessment — Duty to state reasons — Misuse of powers —
Psychological harassment)

(2006/C 165/50)

Language of the case: French

Parties

Applicant: Alejandro Martin Magone (Brussels, Belgium) (repre-
sented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: L. Lozano Palacios and K. Hermann, Agents)

Re:

First, an application for annulment of the applicant's career
for the 2003 assessment exercise, and,
development report
second, an application for compensation for material and non-
material damage assessed on an equitable basis at EUR
39 169,67

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2005.

Order of the Court of First Instance of 2 May 2006 —
Belgium v Commission

(Case T-134/05) (1)

(European Social Fund — Recovery by means of set-off
against Community debts — Time-barred — Interest for late
payment — Action for annulment — Objection of inadmissi-
bility — Challengeable act — Inadmissible)

(2006/C 165/51)

Language of the case: French

Re:

Application for annulment of
the Commission's decision
contained in its letter of 19 January 2005, by which the
Commission replied to the letters
from the Kingdom of
Belgium regarding funds paid to various Belgian bodies under
the European Social Fund.

Operative part of the order

1. The action is dismissed as inadmissible;

2. The Kingdom of Belgium is ordered to pay the costs.

(1) OJ C 132, 28.5.2005.

Order of the Court of First Instance of 5 May 2006 —
Tesoka v EUROFOUND

(Case T-398/05) (1)

(Referral to the Civil Service Tribunal)

(2006/C 165/52)

Language of the case: French

Parties

Applicant: Sabrina Tesoka (Overijse, Belgium) (represented by:
J.-L. Fagnart, lawyer)

Defendant: European Foundation for the Improvement of Living
and Working Conditions (EUROFOUND)
(represented by: C.
Callanan, lawyer)

Re:

Action under Article 236 EC

Operative part of the order

Case T-398/05 is referred to the Civil Service Tribunal.

Parties

(1) OJ C 10, 14.1.2006.

Applicant: Kingdom of Belgium (represented by: J. Devadder,
Agent, and J.P. Buyle and C. Steyaert, lawyers)
Case T-73/05: Judgment of the Court of First Instance of  16 May 2006  — Martin Magone v Commission (Officials — Career development report — Action for annulment — Action for compensation — Manifest error of assessment — Duty to state reasons — Misuse of powers — Psychological harassment)
Date: 2006-07-15
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, action for annulment (EU), psychological harassment, staff assessment

C 165/26

EN

Official Journal of the European Union

15.7.2006

Judgment of the Court of First Instance of 16 May 2006 —
Martin Magone v Commission

Defendant: Commission of the European Communities (repre-
sented by: V. Joris, G. Wilms and A. Weimar, Agents)

(Case T-73/05) (1)

(Officials — Career development report — Action for annul-
ment — Action for compensation — Manifest error of
assessment — Duty to state reasons — Misuse of powers —
Psychological harassment)

(2006/C 165/50)

Language of the case: French

Parties

Applicant: Alejandro Martin Magone (Brussels, Belgium) (repre-
sented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: L. Lozano Palacios and K. Hermann, Agents)

Re:

First, an application for annulment of the applicant's career
for the 2003 assessment exercise, and,
development report
second, an application for compensation for material and non-
material damage assessed on an equitable basis at EUR
39 169,67

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2005.

Order of the Court of First Instance of 2 May 2006 —
Belgium v Commission

(Case T-134/05) (1)

(European Social Fund — Recovery by means of set-off
against Community debts — Time-barred — Interest for late
payment — Action for annulment — Objection of inadmissi-
bility — Challengeable act — Inadmissible)

(2006/C 165/51)

Language of the case: French

Re:

Application for annulment of
the Commission's decision
contained in its letter of 19 January 2005, by which the
Commission replied to the letters
from the Kingdom of
Belgium regarding funds paid to various Belgian bodies under
the European Social Fund.

Operative part of the order

1. The action is dismissed as inadmissible;

2. The Kingdom of Belgium is ordered to pay the costs.

(1) OJ C 132, 28.5.2005.

Order of the Court of First Instance of 5 May 2006 —
Tesoka v EUROFOUND

(Case T-398/05) (1)

(Referral to the Civil Service Tribunal)

(2006/C 165/52)

Language of the case: French

Parties

Applicant: Sabrina Tesoka (Overijse, Belgium) (represented by:
J.-L. Fagnart, lawyer)

Defendant: European Foundation for the Improvement of Living
and Working Conditions (EUROFOUND)
(represented by: C.
Callanan, lawyer)

Re:

Action under Article 236 EC

Operative part of the order

Case T-398/05 is referred to the Civil Service Tribunal.

Parties

(1) OJ C 10, 14.1.2006.

Applicant: Kingdom of Belgium (represented by: J. Devadder,
Agent, and J.P. Buyle and C. Steyaert, lawyers)
Case T-395/04: Judgment of the Court of First Instance of  10 May 2006  — Air One SpA v Commission of the European Communities (State aid — Air transport — Complaint — Failure by the Commission to define its position — Action for failure to act — Time-limit — Admissibility)
Date: 2006-07-15
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for failure to act, air transport, carrier, control of State aid, provision of services, reduced price

15.7.2006

EN

Official Journal of the European Union

C 165/25

Judgment of the Court of First Instance of 17 May 2006 —
Lavagnoli v Commission

Re:

(Case T-95/04) (1)

Application for the annulment of the decision relating to the
applicant's classification in grade

(Officials — Staff report — Regularity of the assessment
procedure — Carrying on of activities by staff and union
representative — Obligation to state reasons — Action for
annulment)

(2006/C 165/47)

Language of the case: French

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders each party to bear its own costs.

Parties

(1) OJ C 284, 20.11.2004.

Applicant: Luciano Lavagnoli
sented by: G. Bounéou and F. Frabetti, lawyers)

(Berchem, Luxembourg)

(repre-

Defendant: Commission of the European Communities (repre-
sented by: J. Curral and H. Krämer, Agents)

Re:

Application for annulment of the assessment exercise for the
period from 1 July 1999 to 30 June 2001 as regards the appli-
cant and of the decision adopting the applicant's definitive staff
report for that period

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2004.

Judgment of the Court of First Instance of 10 May 2006 —
R v Commission

(Case T-331/04) (1)

(Officials — Appointment — Classification in grade —
Article 31(2) of the Staff Regulations)

(2006/C 165/48)

Language of the case: German

Parties

Judgment of the Court of First Instance of 10 May 2006 —
Air One SpA v Commission of the European Communities

(Case T-395/04) (1)

(State aid — Air transport — Complaint — Failure by the
Commission to define its position — Action for failure to act
— Time-limit — Admissibility)

(2006/C 165/49)

Language of the case: Italian

Parties

Applicant: Air One SpA (Chieti, Italy) (represented by: G. Belotti
and M. Padellaro, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci and E. Righini, Agents)

Re:

Application Action under Article 232 EC for a declaration that
the Commission has unlawfully failed to define its position on
the applicant's complaint concerning aid granted to the air
carrier Ryanair by the Italian authorities

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs

Applicant: R (Chaumont-Gistoux, Belgium) (represented by: B.
Arians, lawyer)

(1) OJ C 300, 4.12.2004.

Defendant: Commission of the European Communities (repre-
sented by: V. Joris and H. Kraemer, acting as Agents)
Case T-134/05: Order of the Court of First Instance of  2 May 2006  — Belgium v Commission (European Social Fund — Recovery by means of set-off against Community debts — Time-barred — Interest for late payment — Action for annulment — Objection of inadmissibility — Challengeable act — Inadmissible)
Date: 2006-07-15
Institutions: Court of First Instance
Subjects: Belgium, European Commission, European Social Fund, action for annulment (EU), redemption

C 165/26

EN

Official Journal of the European Union

15.7.2006

Judgment of the Court of First Instance of 16 May 2006 —
Martin Magone v Commission

Defendant: Commission of the European Communities (repre-
sented by: V. Joris, G. Wilms and A. Weimar, Agents)

(Case T-73/05) (1)

(Officials — Career development report — Action for annul-
ment — Action for compensation — Manifest error of
assessment — Duty to state reasons — Misuse of powers —
Psychological harassment)

(2006/C 165/50)

Language of the case: French

Parties

Applicant: Alejandro Martin Magone (Brussels, Belgium) (repre-
sented by: É. Boigelot, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: L. Lozano Palacios and K. Hermann, Agents)

Re:

First, an application for annulment of the applicant's career
for the 2003 assessment exercise, and,
development report
second, an application for compensation for material and non-
material damage assessed on an equitable basis at EUR
39 169,67

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the parties to bear their own costs.

(1) OJ C 106, 30.4.2005.

Order of the Court of First Instance of 2 May 2006 —
Belgium v Commission

(Case T-134/05) (1)

(European Social Fund — Recovery by means of set-off
against Community debts — Time-barred — Interest for late
payment — Action for annulment — Objection of inadmissi-
bility — Challengeable act — Inadmissible)

(2006/C 165/51)

Language of the case: French

Re:

Application for annulment of
the Commission's decision
contained in its letter of 19 January 2005, by which the
Commission replied to the letters
from the Kingdom of
Belgium regarding funds paid to various Belgian bodies under
the European Social Fund.

Operative part of the order

1. The action is dismissed as inadmissible;

2. The Kingdom of Belgium is ordered to pay the costs.

(1) OJ C 132, 28.5.2005.

Order of the Court of First Instance of 5 May 2006 —
Tesoka v EUROFOUND

(Case T-398/05) (1)

(Referral to the Civil Service Tribunal)

(2006/C 165/52)

Language of the case: French

Parties

Applicant: Sabrina Tesoka (Overijse, Belgium) (represented by:
J.-L. Fagnart, lawyer)

Defendant: European Foundation for the Improvement of Living
and Working Conditions (EUROFOUND)
(represented by: C.
Callanan, lawyer)

Re:

Action under Article 236 EC

Operative part of the order

Case T-398/05 is referred to the Civil Service Tribunal.

Parties

(1) OJ C 10, 14.1.2006.

Applicant: Kingdom of Belgium (represented by: J. Devadder,
Agent, and J.P. Buyle and C. Steyaert, lawyers)