Case T-205/04: Judgment of the Court of First Instance of 20 November 2007 — Ianniello v Commission (Civil service — Officials — Career evaluation report — 2001/2002 evaluation period — Action for annulment — Action for damages)
Date: 2007-11-20
Institutions: Court of First Instance
Subjects: European Commission, action by staff, indemnification, professional career, report, staff assessment

12.1.2008

EN

Official Journal of the European Union

C 8/11

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 27 November
2007 — Pitsiorlas v Council and ECB

(Joined Cases T-3/00 and T-337/04) (1)

4. Orders the Council, the ECB and the applicant each to bear their
own costs as incurred in Joined Cases T-3/00 and T-337/04. The
Council shall bear the costs that it incurred in Case C-193/01 P,
together with those incurred in that case by the applicant.

(Access to documents — Basle/Nyborg Agreement — Action
for annulment — Challengeable acts — Statement of reasons
— Plea of illegality — Decision 93/731/EC — Rules of Proce-
dure of the European Central Bank — Action for damages —
Non-contractual liability of the Community for the unlawful
conduct of its organs — Damage — Causal link)

(1) OJ C 122, 29.4.2000.

(2008/C 8/19)

Language of the case: Greek

Parties

Applicant: Athanasios Pitsiorlas (Thessaloniki, Greece)
sented by: D. Papafilippou, lawyer)

(repre-

Defendants: Council of the European Union (represented initially
by M. Bauer, S. Kyriakopoulou and D. Zachariou, and subse-
quently by M. Bauer and D. Zachariou, acting as Agents), and
European Central Bank (represented, in Case T-3/00, initially by
C. Zilioli, C. Kroppenstedt and P. Vospernik, and subsequently
by C. Zilioli, C. Kroppenstedt, F. Athanasiou and S. Vuorensola,
and finally by C. Zilioli, C. Kroppenstedt and F. Athanasiou and,
in Case T-337/04, by C. Kroppenstedt, F. Athanasiou and
P. Papapaschalis, acting as Agents)

Judgment of the Court of First Instance of 20 November
2007 — Ianniello v Commission

(Case T-205/04) (1)

(Civil service — Officials — Career evaluation report —
2001/2002 evaluation period — Action for annulment —
Action for damages)

(2008/C 8/20)

Language of the case: French

Parties

Applicant: Alessandro Ianniello (Brussels, Belgium) (represented
by: S. Rodrigues and Y. Minatchy, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, Agent, assisted by D. Waelbroeck, lawyer)

Re:

Re:

Application, first, for annulment of the decisions of the Council
and the European Central Bank refusing the applicant access to
to the Basle/Nyborg Agreement of
documents
September 1987 and, second, for damages

relating

On the one hand, annulment of the applicant's career evaluation
report for the 2001/2002 evaluation period and the decision of
the Appointing Authority of 18 February 2004 rejecting his
complaint and, on the other, payment of compensation for the
non-material suffered.

Operative part of the judgment

The Court:

1. Annuls the decision of

the Governing Council of 21 October
1999, as brought to the knowledge of Mr Athanasios Pitsiorlas by
letter of the European Central Bank (ECB) of 8 November 1999;

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders each party to bear their own costs.

2. Dismisses the action for annulment as to the remainder;

(1) OJ C 217 of 28.8.2004.

3. Dismisses the action for damages;