Case T-236/05: Judgment of the Court of First Instance of 31 January 2007 — Aldershoff v Commission (Career development report — 2003 appraisal procedure — Manifest error of assessment — Failure to state reasons — Right to be heard)
Date: 2007-03-24
Institutions: Court of First Instance
Subjects: European Commission, action by staff, professional career, report, staff assessment

C 69/18

EN

Official Journal of the European Union

24.3.2007

Re:

Ireland (represented initially by R. Caudwell, and subsequently
by E. Jenkinson, Agents)

that
IAMA
Application by the Commission for an order
Consulting Srl reimburse the amount
the Commission
unduly paid to it in the course of the performance of the Regis
22337 contract and the Refiag 23200 contracts, which are
covered by the Community's Esprit Programme.

that

Operative part of the judgment

The Court:

1. Orders IAMA Consulting Srl to pay the Commission the sum of
EUR 31 757 together with default interest of EUR 4,78530 per
day from 16 May 2004 until payment of
the final balance,
relating to the Refiag contract, from which the sums paid to date
by IAMA are to be deducted, and the sum of EUR 164 345,
together with default interest of EUR 24,76432 per day from
16 May 2004 until payment of the final balance, relating to the
Regis contract, from which the payments made by IAMA to date
are to be deducted.

2. Orders IAMA Consulting to bear its own costs and to pay half of

the costs incurred by the Commission.

3. Orders the Commission to bear half of its own costs.

Re:

Originally, annulment of Commission Regulation (EC) No
1149/2004 of 22 June 2004 amending Regulation (EC) No
872/2004 concerning further restrictive measures in relation to
Liberia (OJ 2004 L 222, p. 17), and, subsequently, annulment in
part of Commission Regulation (EC) No 874/2005 of 9 June
2005 amending Regulation No 872/2004 (OJ 2005 L 146,
p. 5).

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to bear, in addition to his own costs, those of

the Commission;

3. Orders the Council and the United Kingdom of Great Britain and

Northern Ireland to bear their own costs.

(1) OJ C 47, 21.2.2004.

(1) OJ C 273, 6.11.2004.

Judgment of the Court of First Instance of 31 January 2007
— Minin v Commission

(Case T-362/04) (1)

(Common foreign and security policy — Restrictive measures
in respect of Liberia — Freezing of funds of persons associated
with Charles Taylor — Competence of the Community —
Fundamental rights — Action for annulment)

(2007/C 69/42)

Language of the case: Italian

Parties

Applicant: Leonid Minin (Tel-Aviv,
Ballarino and C. Bovio, lawyers)

Israel)

(represented by: T.

Defendant: Commission of the European Communities (repre-
sented by: E. Montaguti, L. Visaggio and C. Brown, Agents)

Interveners in support of the defendant: Council of the European
Union (represented initially by S. Marquardt and F. Ruggeri
Laderchi, and subsequently by S. Marquardt and A. Vitro,
Agents); and United Kingdom of Great Britain and Northern

Judgment of the Court of First Instance of 31 January 2007
— Aldershoff v Commission

(Case T-236/05) (1)

(Career development report — 2003 appraisal procedure —
Manifest error of assessment — Failure to state reasons —
Right to be heard)

(2007/C 69/43)

Language of the case: French

Parties

Applicant: Willlem Aldershoff
(represented
by: S. Orlandi, X. Martin, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

(Brussels, Belgium)

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and M. Velardo, Agents)

Re:

Annulment of the applicant's career development report for the
2003 appraisal procedure.

24.3.2007

EN

Official Journal of the European Union

C 69/19

Operative part of the judgment

The Court:

2. Orders Société des plantations de Mbanga SA (SPM) to bear its

own costs and to pay those incurred by the Commission.

1. Annuls the career development report of the applicant, Mr Willem

Aldershoff, for the 2003 appraisal procedure.

(1) OJ C 74, 25.3.2006.

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

the applicant.

(1) OJ C 205, 20.8.2005.

Order of the Court of First Instance of 17 January 2007 —
Diy-Mar Insaat Sanayi ve Ticaret and Akar v Commission

(Case T-129/06) (1)

(Action for annulment — Essential procedural requirements
— Natural and legal persons required to be represented by a
lawyer entitled to practise before a court of a Member State —
Application in proper form lodged out-of-time — Inadmissi-
bility of the action)

(2007/C 69/45)

Language of the case: German

Order of the Court of First Instance of 12 January 2007 —
SPM v Commission

(Case T-447/05) (1)

(Common organisation of the markets — Bananas — Import
regime for bananas originating from ACP countries on the
territory of the European Union — Regulation (EC) No
2015/2005 — Action for annulment — Standing to bring
proceedings — Inadmissible)

Parties

(2007/C 69/44)

Language of the case: French

Applicants: Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and Musa
Akar (Ankara, Turkey) (represented by: Ç. Şahin, lawyer)

Defendant: Commission of the European Communities (repre-
sented by: P. van Nuffel and F. Hoffmeister, Agents)

Parties

Re:

Applicant: Société des plantations de Mbanga SA (SPM) (Douala,
Cameroon) (represented by:
initially P. Soler Couteaux and S.
Cahn, and subsequently, B. Doré)

Defendant: Commission (represented by: F. Clotuche-Duvieusart
and L. Visaggio, acting as Agents)

Application for, first, annulment of Decision MK/KS/DELTUR/
(2005)/SecE/D/1614 of 23 December 2005 concerning the
award of a public works contract for the construction of educa-
tional establishments in the Provinces of Siirt and Diyarbakir
(EuropeAid/121601/C/W/TR) and, second, suspension of
the
procedure in question.

Re:

Action for annulment of Commission Regulation (EC) No
2015/2005 of 9 December 2005 on imports during January
and February 2006 of bananas originating in ACP countries
under the tariff quota opened by Council Regulation (EC) No
1964/2005 on the tariff rates for bananas (OJ 2005 L 324,
p. 5).

Operative part of the order

1. The action is dismissed as inadmissible.

2. The applicants, Diy-Mar Insaat Sanayi ve Ticaret Ltd Sirketi and
Musa Akar, shall bear their own costs and, jointly and severally,
pay the Commission's costs.

Operative part of the order

1. Dismisses the action as inadmissible.

(1) OJ C 212, 2.9.2006.