Case T-192/03: Judgment of the Court of First Instance of 13 June 2006 — Atlantean Ltd v Commission (Fishing — Multiannual guidance programmes — Request to increase the objectives on safety grounds — Decision 97/413/EC — Refusal of the Commission — Action for annulment — Admissibility — Competence of the Commission)
Date: 2006-08-12
Institutions: Court of First Instance
Subjects: European Commission, Ireland, action for annulment (EU), conservation of resources, fishery management, fishing vessel, maritime safety

C 190/18

EN

Official Journal of the European Union

12.8.2006

Re:

Operative part of the judgment

Action brought against the decision of the Second Board of
Appeal of OHIM of 4 February 2003 (Case R 106/2001-2),
relating to opposition proceedings between Inex SA and Robert
Wiseman & Sons Ltd.

Operative part of the judgment

The Court:

1. Dismisses the action;

The Court:

1. Annuls the decision of the selection committee, contained in the
letter of 21 January 2003 notified to the applicant, not to enter
his name on the reserve list resulting from selection procedure
COM/R/01/1999;

2. Dismisses the remainder of the application;

3. Orders the Commission to pay the costs.

2. Orders the applicant to pay the costs.

(1) OJ C 171, 19.7.2003.

(1) OJ C 171, 19.7.2003.

Judgment of the Court of First Instance of 13 June 2006 —
Atlantean Ltd v Commission

Judgment of the Court of First Instance of 8 June 2006 —
Pérez-Díaz v Commission

(Case T-192/03) (1)

(Case T-156/03) (1)

(Officials — Annulment of the refusal to enter a candidate
on the reserve list of temporary staff — Candidate's submis-
sion to a new oral test held in order to comply with the judg-
ment annulling the refusal — Second refusal of entry —
Action for annulment — Action for damages)

(2006/C 190/30)

Language of the case: French

Parties

Applicant: Orlando Pérez-Diaz (Brussels, Belgium) (represented
by: M.-A. Lucas, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: F. Clotuche-Duvieusart and H. Tserepa-Lacombe,
agents)

(Fishing — Multiannual guidance programmes — Request to
the objectives on safety grounds — Decision
increase
97/413/EC — Refusal of the Commission — Action for
annulment — Admissibility — Competence of the Commis-
sion)

(2006/C 190/31)

Language of the case: English

Parties

Applicant: Atlantean Ltd (Killybegs, (Ireland)) (represented by:
initially G. Hogan SC, E. Regan SC and A. Hussey, Solicitor,
then G. Hogan SC, E. Regan SC and M. Fraser, Solicitor)

Defendant: Commission of the European Communities (repre-
sented by: G. Braun and B. Doherty, Agents)

Intervener in support of the applicant: Ireland [represented by: D.
O'Hagan and C. O'Toole, Agents, and by D. Conlan Smyth,
Barrister]

Re:

Re:

First, an action for annulment of the refusal by the committee
responsible for selection procedure COM/R/A/01/1999 to enter
the applicant's name on the reserve list of temporary staff
following a new oral test held in order to comply with the
judgment of the Court of First Instance of 24 September 2002
in Case T-102/01 Pérez-Díaz v Commission (ECR-SC I-A-165
and II-871), and, second, a claim for compensation for the
damage supposedly caused by the unlawfulness of that refusal.

Annulment of Commission Decision 2003/245/EC of 4 April
2003 on the requests received by the Commission to increase
MAGP IV objectives to take into account improvements on
safety, navigation at sea, hygiene, product quality and working
conditions for vessels of more than 12 m in length overall (OJ
2003 L 90, p. 48), in so far as that decision rejects the request
to increase the capacity of the vessel Atlantean

12.8.2006

EN

Official Journal of the European Union

C 190/19

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Annuls Commission Decision 2003/245/EC of 4 April 2003 on
the requests received by the Commission to increase MAGP IV
objectives to take into account improvements on safety, navigation
at sea, hygiene, product quality and working conditions for vessels
of more than 12 m in length overall in so far as it applies to the
applicant's vessel Atlantean;

2. Orders the Commission to bear its own costs and to pay those

incurred by the applicant;

3. Orders Ireland to bear its own costs.

(1) OJ C 184, 2.8.2003.

Judgment of the Court of First Instance of 13 June 2006 —
Boyle and Others v Commission

(Joined Cases T-218/03 to T-240/03) (1)

(Fishing — Multiannual guidance programmes — Requests
to increase the objectives on safety grounds — Decision
97/413/EC — Refusal of the Commission — Actions for
annulment — Admissibility — Competence of the Commis-
sion)

(2006/C 190/32)

Language of the case: English

Parties

Applicants: Cathal Boyle (Killybegs, Ireland) and the other 22
applicants whose names are set out in the annex to the judg-
ment
(represented by: P. Gallagher SC, A. Collins SC and
D. Barry, Solicitor)

Defendant: Commission of the European Communities (repre-
sented by: G. Braun and B. Doherty, Agents)

in support of

Ireland [represented by:
Intervener
the applicant:
D. O'Hagan and C. O'Toole, Agents, and by D. Conlan Smyth,
Barrister]

1. Dismisses the applications lodged by Thomas Faherty (T-224/
03), Ocean Trawlers Ltd (T-226/03), Larry Murphy (T-236/03)
and O'Neill Fishing Co. Ltd (T-239/03);

2. Annuls Commission Decision 2003/245/EC of 4 April 2003 on
the requests received by the Commission to increase MAGP IV
objectives to take into account improvements on safety, navigation
at sea, hygiene, product quality and working conditions for vessels
of more than 12 m in length overall in so far as it applies to the
vessels of the other applicants;

3. Orders the Commission to bear its own costs and to pay those

incurred by the applicants referred to in paragraph 2;

4. Order the applicants referred to in paragraph 1 to bear their own

costs;

5. Orders Ireland to bear its own costs.

(1) OJ C 239, 4.10.2003.

Judgment of the Court of First Instance of 8 June 2006 —
Bachotet v Commission

(Case T-400/03) (1)

(Officials — Annulment of the refusal to enter a candidate
on a reserve list of temporary staff — Candidate's submis-
sion to a new oral test held in order to comply with the judg-
ment annulling the refusal — Second refusal of entry —
Action for annulment)

(2006/C 190/33)

Language of the case: French

Parties

Applicant: Sophie Bachotet (Brussels, Belgium) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, agents)

Defendant: Commission of the European Communities (repre-
sented by: H. serepa-Lacombe and L. Lozano Palacios, agents)

Re:

Re:

Annulment of Commission Decision 2003/245/EC of 4 April
2003 on the requests received by the Commission to increase
MAGP IV objectives to take into account improvements on
safety, navigation at sea, hygiene, product quality and working
conditions for vessels of more than 12 m in length overall (OJ
2003 L 90, p. 48), in so far as it rejects the applicants' request
to increase the capacity of their vessels

Action for annulment of the refusal by the committee respon-
sible for selection procedure COM/R/A/01/1999 to enter the
applicant's name on the reserve list of
temporary staff,
following a new oral test held in order to comply with the
judgment of the Court of First Instance of 24 September 2002
in Case T-182/01 Bachotet v Commission (not published in the
European Court Reports)