Case T-430/03: Order of the Court of First Instance of 20 December 2007 — Dascalu v Commission (Staff cases — Officials — Interlocutory judgment — No need to adjudicate)
Date: 2007-12-20
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), professional career, promotion, regulations for civil servants

C 64/38

EN

Official Journal of the European Union

8.3.2008

Order of the Court of First Instance of 20 December 2007
— Dascalu v Commission

Order of the Court of First Instance of 12 December 2007
— Atlantic Container Line and Others v Commission

(Case T-430/03) (1)

(Case T-113/04) (1)

(Staff cases — Officials — Interlocutory judgment — No
need to adjudicate)

(2008/C 64/61)

Language of the case: French

(Enforcement of a judgment of the Court of First Instance —
Repayment of the costs of bank guarantees provided in order
to defer payment of a fine imposed by the Commission and
subsequently annulled by the Court of First
Instance —
Action for annulment and damages — Non-contractual liabi-
lity of the Community — No direct causal link between the
allegedly unlawful conduct of the institution and the damage
claimed)

(2008/C 64/62)

Language of the case: English

Parties

Applicant: Iosif Dascalu (Kraainem, Belgium) (represented by: N.
Lhoëst, lawyer)

Parties

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and L. Lozano Palacios, originally,
and subsequently by C. Berardis-Kayser and H. Krämer, Agents)

Re:

First, application for annulment of the Commission's decisions
of 23 December 2002 and 14 April 2003 altering the appli-
cant's classification in grade, in so far as they fix his classifica-
tion in step on recruitment in step 1 of Grade A6, and fix
5 October 1995 as the date on which the decisions were to
have pecuniary effect, and did not re-establish the applicant's
career grade and, in so far as necessary, an application for annul-
ment of the decisions rejecting the applicant's complaints and,
second, an application for compensation for the damage alleg-
edly caused by those decisions

Operative part of the order

1. There is no longer any need to adjudicate on this action.

2. The Commission shall pay all the costs.

(1) OJ C 47, 21.2.2004.

Applicants: Atlantic Container Line AB (Göteborg, Sweden);
Transportación Marítima Mexicana SA de CV (Mexico, Mexico);
Hanjin Shipping Co. Ltd (Seoul, South Korea); Hyundai
Merchant Marine Co. Ltd (Seoul); Mediterranean Shipping Co.
SA (Geneva, Switzerland); Neptune Orient Lines Ltd (Singapore,
Singapore); Orient Overseas Container Line (UK) Ltd (Suffolk,
United Kingdom); P & O Nedlloyd Container Line Ltd (London,
United Kingdom); Sea-Land Service, Inc. (Jacksonville, Florida,
United States) (represented initially by J. Pheasant, M. Levitt and
K. Nicholson, and subsequently by M. Levitt and K. Nicholson,
solicitors)

Defendant: Commission of the European Communities (repre-
sented by P. Oliver, acting as Agent)

Re:

by

fines

Commission Decision

Application, first, for annulment of the Commission letter of
6 January 2004 refusing to repay the costs of the bank guaran-
tees which the applicants entered into following the imposition
of
of
16 September 1998 relating to a proceeding pursuant to Arti-
cles 85 and 86 of the EC Treaty (now Articles 81 EC and 82 EC)
(Case No IV/35.134 — Trans Atlantic Conference Agreement)
(OJ 1999 L 95, p. 1), annulled by judgment of the Court of
First Instance of 30 September 2003 in Joined Cases T-191/98
and T-212/98 to T-214/98 Atlantic Container Line and Others v
Commission [2003] ECR II-3275, and, second, for damages
seeking repayment of the costs of the bank guarantees.

1999/243/EC

Operative part of the order

1. The action is dismissed.