Case T-312/04: Judgment of the Court of First Instance of 9 October 2008 — Di Bucci v Commission (Action for annulment — Action for damages — Staff case — Promotion — Award of priority points)
Date: 2008-10-09
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, action for annulment (EU), equal treatment, professional career, staff assessment

C 313/24

EN

Official Journal of the European Union

6.12.2008

Applicant in Case T-317/04: Kingdom of Denmark (represented
by: J. Molde, Agent, assisted by P. Biering and K. Lundgaard
Hansen, Lawyers)

4. Orders the Commission to bear its own costs in Cases T-309/04
incurred by TV

and T-317/04,
2/Danmark A/S and the Kingdom of Denmark in those cases;

together with the

costs

Applicant in Case T-329/04: Viasat Broadcasting UK Ltd (West
Drayton, Middlesex, United Kingdom)
(S. Hjelmborg and
M. Honoré, Lawyers)

5. Orders the European Broadcasting Union (EBU), SBS TV A/S,
SBS Danish Television Ltd and Viasat Broadcasting UK Ltd each
to bear their own costs in Case T-309/04;

Interveners in support of the applicant in Case T-329/04: SBS TV
A/S, formerly TV Danmark A/S (Skovlunde, Denmark); and SBS
formerly Kanal 5 Denmark Ltd
Danish Television Ltd,
(represented by:
(Hounslow, Middlesex, United Kingdom)
D. Vandermeersch, K.-U. Karl and H. Peytz, Lawyers)

6. Orders SBS TV, SBS Danish Television and Viasat Broadcasting
UK each to bear their own costs, incurred both in their capacity as
applicants and in their capacity as interveners, in Cases T-329/04
and T-336/04;

Applicants in Case T-336/04: SBS TV A/S and SBS Danish Televi-
sion Ltd

7. Orders Viasat Broadcasting UK to pay one-tenth of

the costs
incurred by the Commission, by TV 2/Danmark A/S, by the
Kingdom of Denmark and by the EBU in Case T-329/04;

Intervener in support of the applicanst in Case T-336/04: Viasat
Broadcasting UK Ltd

Defendant
in Cases T-309/04, T-317/04, T-329/04 and
T-336/04: Commission of the European Communities (repre-
sented by:
in Cases T-309/04, T-317/04 and T-329/04 by
H. Støvlbæk and M. Niejahr, in Case T-329/04, also by N. Kahn
and in Case T-336/04 by N. Kahn and M. Niejahr, Agents)

8. Orders SBS TV and SBS Danish Television to pay one-tenth of the
costs incurred by the Commission, by TV 2/Danmark A/S, by the
Kingdom of Denmark and by the EBU in Case T-336/04;

9. Orders the Commission, TV 2/Danmark A/S, the Kingdom of
Denmark and the EBU each to bear nine-tenths of their own costs
in Cases T-329/04 and T-336/04.

Interveners in support of the defendant in Case T-309/04: SBS TV
A/S; SBS Danish Television Ltd and Viasat Broadcasting UK Ltd

(1) OJ C 262, 23.10.2004.

in support of

Interveners
in Case T-329/04 and
the defendant
T-336/04: Kingdom of Denmark; TV 2/Danmark A/S and
European Broadcasting Union (EBU)

Re:

Judgment of the Court of First Instance of 9 October 2008
— Di Bucci v Commission

APPLICATION, in Cases T-309/04 and T-317/04, for annulment
of Commission Decision 2006/217/EC of 19 May 2004 on
measures
implemented by Denmark for TV 2/Danmark
(OJ 2006 L 85, p. 1; corrigendum in OJ 2006 L 368, p. 112)
and, in the alternative, of Article 2 of that decision or of para-
graphs 3 and 4 of that Article, and,
in Cases T-329/04 and
T-336/04, for annulment of that decision in so far as it estab-
lishes the existence of State aid which is partly compatible with
the common market.

Operative part of the judgment

The Court:

1. Joins Cases T-309/04, T-317/04, T-329/04 and T-336/04 for

the purposes of the judgment;

2. Annuls Commission Decision 2006/217/EC of 19 May 2004 on

measures implemented by Denmark for TV 2/Danmark;

3. Orders TV 2/Danmark A/S, the Kingdom of Denmark and the
Commission each to bear their own costs in Cases T-309/04 R
and T-317/04 R;

(Case T-312/04) (1)

(Action for annulment — Action for damages — Staff case
— Promotion — Award of priority points)

(2008/C 313/43)

Language of the case: French

Parties

Applicant: Vittorio Di Bucci (Brussels, Belgium) (represented by:
M. van der Woude and V. Landes and,
subsequently, by
M. van der Woude, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: H. Tserepa-Lacombe and V. Joris, Agents, and, subse-
quently,
and
D. Wealbroeck, lawyer)

and G. Berscheid, Agents,

by V.

Joris

6.12.2008

EN

Official Journal of the European Union

C 313/25

Re:

2. Dismisses the action as to the remainder;

An action for annulment of:

3. Orders the Commission to pay the costs.

— the decision of the Director General of the Legal Service of
the Commission to award the applicant only one Directo-
rate-General priority point for the 2003 promotion proce-
dure, communicated on 2 July 2003, confirmed by a deci-
sion of the appointing authority notified on 16 December
2003;

— the decision of the appointing authority not to award the
applicant any special priority points for additional activity in
the interests of
the institution for the 2003 promotion
procedure, notified through the Sysper 2 system on
16 December 2003;

— the following decisions:

the decision of

the appointing
authority to award the applicant a total of 20 points for the
2003 promotion procedure; the merit list of officials in
grade A 5 for the 2003 promotion procedure published in
Administrative Notices No 69-2003 of 13 November 2003;
the list of officials promoted to grade A 4 for the 2003
promotion procedure and published in Administrative
Notices No 73-2003 of 27 November 2003 and,
in any
event, the decision not to include the applicant's name on
those lists.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 9 October 2008
— Wilms v Commission

(Case T-328/04) (1)

(Action for annulment — Action for damages — Staff case
— Promotion — Award of priority points)

(2008/C 313/44)

Language of the case: French

— in so far as it is necessary, the decision of the appointing
authority of 15 June 2004 rejecting the complaint brought
on 12 February 2004 by the applicant;

Parties

— the decision of 11 April 2007, notified on 16 April 2003,
by which the appointing authority decided to award the
applicant one additional priority point for the 2003 promo-
tion procedure, yielding a total of 2 priority points, and a
total number of 21 points;

and for a declaration of the nullity of all decisions taken in the
course of
the 2003 promotion procedure contested in the
present action and not replaced in 2007 and, in particular, the
merit list of officials in grade A 5 for the 2003 promotion
procedure, published in Administrative Notices No 69-2003 of
13 November 2003 and the list of officials promoted to
grade A 4 for the 2003 promotion procedure, published in
Administrative Notices No 73-2003 of 27 November 2003, and
compensation of EUR 5 000.

Operative part of the judgment

The Court:

1. Annuls the decisions of the Commission fixing the total promotion
points for the applicant at 21 points and refusing to include his
name on the list of officials promoted to grade A 4 for the 2003
promotion procedure;

Applicant: Günter Wilms (Brussels, Belgium) (represented by: M.
van der Woude and V. Landes and, subsequently, by M. van der
Woude, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: H. Tserepa-Lacombe and V. Joris, Agents, and, subse-
quently,
and
D. Wealbroeck, lawyer)

and G. Berscheid, Agents,

by V.

Joris

Re:

An action for annulment of:

— the decision of the Director General of the Legal Service of
the Commission to award the applicant only one Directo-
rate-General priority point for the 2003 promotion proce-
dure, communicated on 2 July 2003, confirmed by a deci-
sion of the appointing authority notified on 19 December
2003;

— the decision of the appointing authority not to award the
applicant any special priority points for additional activity in
the interests of
the institution for the 2003 promotion
procedure, notified through the Sysper 2 system on
19 December 2003;