Case T-271/04: Judgment of the Court of First Instance of 8 May 2007 — Citymo v Commission (Contractual liability — Arbitration clause — Lease contract — Inadmissibility — Non-contractual liability — Pre-contract negotiations — Plea of illegality — Legitimate expectation — Good faith — Abuse of rights — Material loss — Lost opportunity)
Date: 2007-06-23
Institutions: Court of First Instance
Subjects: EC action to establish liability, European Commission, contract, lease, real estate business

C 140/20

EN

Official Journal of the European Union

23.6.2007

Defendant: Commission of the European Communities (repre-
sented by:
then H. Tserepa-Lacombe,
initially D. Waelbrock,
Agents, the latter assisted by N. Rampal, lawyer)

Judgment of the Court of First Instance of 8 May 2007 —
Citymo v Commission

Re:

(Case T-271/04) (1)

Application for, first, annulment of the Commission's decision
fixing the dates of the beginning and end of the applicant's
maternity leave in accordance with Article 58 of the Staff Regu-
lations of Officials of the European Communities and, second,
damages.

(Contractual liability — Arbitration clause — Lease contract
— Inadmissibility — Non-contractual liability — Pre-contract
negotiations — Plea of illegality — Legitimate expectation —
Good faith — Abuse of rights — Material loss — Lost oppor-
tunity)

Operative part of the judgment

The Court:

1. Annuls the Commission's decision of 23 October 2003 fixing the
dates of the beginning and end of the applicant's maternity leave;

2. Dismisses the remainder of the application;

3. Orders the Commission to pay the costs.

Parties

(2007/C 140/33)

Language of the case: French

(1) OJ C 228 of 11.9.2004.

Applicant: Citymo SA (Brussels, Belgium) (represented by: P. Van
Ommeslaghe, I. Heenen and P.-M. Louis, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Parpala and E. Manhaeve, acting as Agents, and D.
Philippe and M. Gouden, lawyers)

Judgment of the Court of First Instance (Fifth Chamber) of
3 May 2007 — Crespinet v Commission

(Case T-261/04) (1)

Re:

(Officials — Promotion — Promotion year 2003 — Award of
promotion points)

(2007/C 140/32)

Language of the case: French

Parties

Applicant: Alain Crespinet (Rosières, Belgium) (represented by: S.
Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: H. Tserepa-Lacombe and C. Berardis-Kayser, acting as
Agents)

Re:

Application for the annulment of the decision of the Commis-
sion by which promotion points were awarded to the applicant
for the promotion year 2003 and the decision not to enter the
applicant's name on the list of officials promoted to grade A5
for that promotion year.

Principally, an action in contractual liability based on an arbitra-
tion clause seeking an order that the Commission pay to the
its repudiation of a lease
applicant company damages for
contract allegedly concluded between it and the European Com-
munity, represented by the Commission, and, in the alternative,
an action in non-contractual liability seeking compensation for
the loss allegedly suffered by the applicant
following the
Commission's decision to halt pre-contractual negotiations
relating to conclusion of that lease contract.

Operative part of the judgment

The Court:

1. The Commission shall be ordered to pay to the applicant the sum
of EUR 20 000 together with late payment interest thereon to run
from the date of delivery of this judgment to the date of actual
payment at an annual rate equal to the rate fixed by the European
increased by 2
Central Bank for main refinancing operations,
points, provided that it does not exceed a rate of 6 %;

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders that each party is to bear its own costs.

(1) OJ C 273, 6.11.2004

2. The remainder of the action is dismissed;

3. Each party shall bear its own costs.

(1) OJ C 262, 23.10.2004.