Case T-380/04: Judgment of the Court of First Instance (Third Chamber) of 30 January 2008 — Ioannis Terezakis v Commission of the European Communities (Access to documents — Regulation (EC) No 1049/2001 — Documents relating to the construction of the new Athens International Airport at Spata — Refusal of access — Exception relating to the protection of commercial interests — Exception relating to the protection of the purpose of audits — Partial access)
Date: 2008-01-30
Institutions: Court of First Instance
Subjects: European Commission, Greece, access to information, action for annulment (EU), airport, building industry, construction costs, contract, document, right to information

8.3.2008

EN

Official Journal of the European Union

C 64/33

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 30 January 2008
— Strack v Commission

Judgment of the Court of First Instance (Third Chamber) of
30 January 2008 — Ioannis Terezakis v Commission of the
European Communities

(Case T-85/04) (1)

(Case T-380/04) (1)

(Staff Cases — Officials — Staff reporting — Career devel-
opment report — 2001/2002 appraisal procedure — Lawful-
ness of the staff reporting procedure)

(2008/C 64/51)

Language of the case: German

(Access to documents — Regulation (EC) No 1049/2001 —
Documents relating to the construction of the new Athens
International Airport at Spata — Refusal of access — Excep-
tion relating to the protection of commercial
interests —
Exception relating to the protection of the purpose of audits
— Partial access)

(2008/C 64/52)

Language of the case: English

Parties

(represented
Applicant: Guido Strack (Wasserliesch, Germany)
initially by J. Mosar, then by F. Gengler and P. Georgen, lawyers)

Parties

Defendant: Commission of the European Communities (repre-
sented by: H. Krämer and A. Manville, Agents)

Re:

Application for annulment of the 2001/2002 appraisal proce-
dure in so far as it concerns the applicant and of the decision
which adopted his career development report for that procedure

Applicant: Ioannis Terezakis (Brussels, Belgium) (represented by:
initially, L. Defalque, G. Xanthoulis, A. Tsamis, A. Georgiadis,
E. Stefanakis, É. Koeune and G. Stylianakis, lawyers, and subse-
quently, G. Stylianakis, B. Keane, Solicitor, and P. Koutsoukos,
lawyer)

Defendant: Commission of the European Communities (repre-
sented by: L. Flynn and P. Aalto, Agents)

Re:

Operative part of the judgment

The Court:

the Commission's decision of 12 July 2004
Annulment of
refusing the applicant access to certain documents relating to
the construction of the new Athens International Airport at
Spata

1. Annuls the decision adopting the career development report of Mr

Guido Strack for the 2001/2002 appraisal procedure.

2. Orders the Commission to pay the costs.

(1) OJ C 106, 30.4.2004.

Operative part of the judgment

The Court:

1. Annuls the Commission's decision of 12 July 2004 in so far as it
concerns the refusal of access to the contract of 14 June 1996
signed between Athens International Airport SA and a consortium
of companies led by Hochtief AG;

C 64/34

EN

Official Journal of the European Union

8.3.2008

2. Dismisses the remainder of the action;

Judgment of the Court of First Instance of 30 January 2008
— Commission v Environmental Management Consultants

3. Orders Mr Ioannis Terezakis to bear one half of his own costs;

4. Orders the Commission to bear its own costs and pay one half of

the costs incurred by Mr Terezakis.

(Case T-46/05) (1)

(Arbitration clause — Reimbursement of amounts paid —
Default interest — Default procedure)

(1) OJ C 300, 4.12.2004.

(2008/C 64/54)

Language of the case: Greek

Judgment of the Court of First Instance of 30 January 2008
— Strack v Commission

(Case T-394/04) (1)

(Civil service — Officials — Promotion — 2003 promotion
procedure — Allocation of priority points — Refusal of
promotion)

(2008/C 64/53)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Triantafyllou, Agent, and N. Korogiannakis,
lawyer)

Defendant: Environmental Management Consultants
Cyprus)

(Nicosia,

Re:

Action brought by the Commission pursuant to Article 238 EC
seeking to obtain reimbursement in the sum of EUR 31 965,28
which it paid in the context of the performance of contract
IC18-CT98-0273, plus statutory interest

Parties

Applicant: Guido Strack (Wasserliesch, Germany) (represented by:
first J. Mosar, then F. Gengler and P. Goergen, lawyers)

Operative part of the judgment

The Court of First Instance hereby:

Defendant: Commission of the European Communities (repre-
sented by: G. Berscheid and H. Krämer, Agents)

1. Orders Environmental Management Consultants Ltd to repay to
the European Communities the amount of

the Commission of
EUR 31 965,28, plus interest:

Re:

Application for annulment of the promotion procedure carried
out in respect of the applicant for 2003, of the allocation of
points made in the context of that procedure and the subse-
quent decision not to promote the applicant

Operative part of the judgment

The Court of First Instance hereby:

1. Annuls the decision concerning the number of priority points allo-
cated to Guido Strack in the 2003 promotion procedure and the
decision not to promote him through that procedure.

2. Orders the Commission to pay the costs.

— at the rate of 9,26 % per annum from 1 to 31 August 2001;

— at

the rate of 8,62 % per annum from 1 September

to

31 December 2001;

— at the rate of 10,57 % per annum from 1 January to 30 June

2002;

— at the rate of 10,47 % per annum from 1 July to 31 December

2002;

— at the rate of 9,97 % per annum from 1 January to 30 June

2003;

— at the rate of 9,22 % per annum from 1 July to 31 December

2003;

— at the rate of 9,14 % per annum from 1 January to 30 June

2004;

— at the rate of 9,13 % per annum from 1 July to 31 December

(1) OJ C 300, 4.12.2004.

2004;

— at

the

rate of 9,21 % per annum from 1 January to

31 January 2005;