Case T-400/03: Judgment of the Court of First Instance of 8 June 2006 — Bachotet v Commission (Officials — Annulment of the refusal to enter a candidate on a reserve list of temporary staff — Candidate's submission to a new oral test held in order to comply with the judgment annulling the refusal — Second refusal of entry — Action for annulment)
Date: 2006-08-12
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrative competition, servant (EU)

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)

C 190/20

EN

Official Journal of the European Union

12.8.2006

Operative part of the judgment

Operative part of the judgment

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
her name on the reserve list resulting from selection procedure
COM/R/01/1999;

The Court:

1. Dismisses the action.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 217, 28.8.2004.

2. Orders the Commission to pay the costs.

(1) OJ C 35, 7.2.2004.

Judgment of the Court of First Instance of 20 June 2006 —
Greece v Commission

(Case T-251/04) (1)

Order of the Court of First Instance of 31 May 2006 —
Carrs Paper Ltd v Commission of the European Commu-
nities

(Case T-123/02) (1)

(Competition — Agreements, decisions and concerted prac-
tices — Proceedings for the liquidation of the applicant —
Legal interest in bringing proceedings — No need to adjudi-
cate)

(EAGGF — Expenditure excluded from Community financing
— Public storage of rice — Force majeure — Processed fruit
and vegetable products — Assistance to the needy —
Restructuring programme in the fruit and vegetables sector
— Flat-rate corrections — Time-limit of 24 months)

Parties

(2006/C 190/35)

Language of the case: English

(2006/C 190/34)

Language of the case: Greek

Applicant: Carrs Paper Ltd (Shirley, United Kingdom)
sented by: J. Grayston and A. Bywater, Solicitors)

(repre-

Defendant: Commission of the European Communities (repre-
sented by: W. Mölls and A. Whelan, acting as Agents, and by
M. van der Woude and V. Landes, lawyers)

Parties

Re:

Applicant: Hellenic Republic (represented by: V. Kontolaimos
and I. Chalkias, Agents)

Defendant: Commission of the European Communities (repre-
sented by: M. Condou-Durande, Agent, assisted by N. Korogian-
nakis, lawyer)

Applicant for annulment, or in the alternative, for a reduction
of the fine imposed on the applicant by Commission Decision
2004/337/EC of 20 December 2001 relating to a proceeding
under Article 81 of the EC Treaty and Article 53 of the EEA
Agreement (Case COMP/E-1/36.212 — carbonless paper) (OJ
2004 L 115, p.1)

Re:

1. There is no need to adjudicate on the present action.

Operative part of the order

Action for annulment of Commission Decision 2004/457/EC
of 29 April 2004 excluding from Community financing certain
expenditure incurred by the Member States under the Guar-
antee Section of the European Agricultural Guidance and Guar-
antee Fund (EAGGF), in so far as it excludes certain expenditure
by the Hellenic Republic in the sectors of fruit and vegetables
and public storage

2. The applicant is to pay the costs.

(1) OJ C 169, 13.7.2002.