Source: EURLEX
Language: en
Format: md

2.8.2003 EN Official Journal of the European Union C 184/33

**Plenary session**

At its meeting on 2 July 2003, the Court of First Instance
decided pursuant to the second sub-paragraph of Article 32(1)
of the Rules of Procedure of the Court of First Instance that
where, following the designation of an Advocate General
pursuant to Article 17 of the Rules of Procedure, there is an
even number of Judges in the Court of First Instance sitting in
plenary session, the rota established in advance in accordance
with which the President of the Court is to designate the Judge
who will not take part in the judgment of the case shall be in
reverse order to that in which the Judges rank according to
their seniority in office under Article 6 of the Rules of
Procedure unless the Judge who would thus be designated is
the Judge-Rapporteur. In that event, it shall be the judge
ranking immediately above him who shall be designated.

**Designation of the Judge replacing the President of the**
**Court of First Instance as the Judge hearing an application**
**for interim measures**

At its meeting on 2 July 2003, the Court of First Instance
decided in accordance with Article 106 of its Rules of Procedure, as amended on 21 May 2003, that where the President is
absent or prevented from sitting to hear an application for
interim measures, to designate to replace him:

—
for the period 1 August to 30 September 2003, Judge
García-Valdecasas, or if he is absent or prevented from
sitting, Judge Lenaerts, Judge Tiili or Judge Forwood, in
that order;

—
for the period 1 October 2003 to 31 August 2004, Judge
García-Valdecasas, or if he is absent or prevented from
sitting, Judge Lenaerts.

**Criteria for assigning cases to the Chambers**

At its meeting on 2 July 2003, the Court of First Instance
established the following criteria for the assignment of cases to
the Chambers for the period between 1 October 2003 and
31August 2004 pursuant to Article 12 of the Rules of Procedure:

1. Cases shall be assigned, with effect from the lodging of
the application and without prejudice to any subsequent
application of Articles 14 and 51 of the Rules of Procedure, to Chambers of three Judges...

2. Cases shall be allocated to the Chambers in turn,
following four different orders depending on the date on
which the cases were registered at the Registry:

—
for cases concerning implementation of the rules on
competition applicable to undertakings, of the rules
on State aid and the rules on measures to protect
trade;

— for the cases referred to in Article 236 of the EC
Treaty and Article 152 of the EAEC Treaty;

—
for the cases concerning intellectual property rights
referred to in Article 130(1) of the Rules of Procedure;

— for all other cases.

In connection with those various orders, the First Chamber,
presided over by the President of the Court of First Instance,
shall not be taken into consideration at each third turn.

The President of the Court of First Instance may derogate from
that order on the ground that cases are related or with a view
to ensuring an even spread of the workload.

**JUDGMENT OF THE COURT OF FIRST INSTANCE**

**of 4 June 2003**

**in Joined Cases T-124/01 and T-320/01 Pietro Del Vaglio v**
**Commission of the European Communities** ( [1] )

_**(Officials — Weighting — Pension — Definition of resi-**_
_**dence — Burden of proof — United Kingdom)**_

(2003/C 184/75)

_(Language of the case: French)_

In Joined Cases T-124/01 and T-320/01: Pietro Del Vaglio, a
former official of the Commission of the European Communities, residing in London, represented by G. Vandersanden and
L. Levi, lawyers, against the Commission of the European
Communities (Agent: J. Currall) — application for the annulment of the Commission's decisions of 5 April 2000 and
6 September 2001 refusing to apply the United Kingdom
weighting to the applicant's pension from, respectively, 8 May
1999 and 24 September 2000, and for damages and default
interest on the remainder of the pension owed, the Court of
First Instance (single judge: V. Tiili); Registrar: J. Palacio
González, Principal Administrator, gave a judgment on 4 June
2003, in which it:

1. _dismisses the application in Case T-124/01;_

2. _annuls the Commission's decision of 6 September 2001 in so_
_far as the Commission refused to apply the United Kingdom_
_weighting to the applicant's pension from 1 January 2001;_

3. _dismisses the remainder of the application in Case T-320/01;_

C 184/34 EN Official Journal of the European Union 2.8.2003

4. _orders the Commission to pay default interest to the applicant_
_at the rate set by the European Central Bank for capital_
_refinancing operations in force during the various phases of the_
_period concerned, increased by two percentage points per annum,_
_on the arrears of pension from 1 January 2001 to 31 March_

dent of the Chamber, J. Pirrung, P. Mengozzi, A.W.H. Meij and
M. Vilaras, Judges; H. Jung, Registrar, made an order on
30 April 2003, the operative part of which is as follows:

1. _The application is dismissed as inadmissible._

2. _The applicant is ordered to pay the costs._

**ORDER OF THE COURT OF FIRST INSTANCE**

**of 6 May 2003**

**in Case T-45/02: DOW AgroSciences BV and DOW Agro-**
**Sciences Ltd v European Parliament and Council of the**
**European Union** ( [1] )

_**(Decision No 2455/2001/EC — Action for annulment —**_
_**Inadmissibility)**_

(2003/C 184/77)

_(Language of the case: English)_

In Case T-45/02, DOW AgroSciences BV, established in
Rotterdam (Netherlands), DOW AgroSciences Ltd, established
in Hitchin (United Kingdom), represented by K. Van Maldegem
and C. Mereu, lawyers, supported by European Crop Protection
Association (ECPA), having its registered office in Brussels
(Belgium), represented by D. Waelbroeck and D. Brinckman,
lawyers, v European Parliament (Agents: C. Pennera and
M. Moore) and Council of the European Union (Agents:
M. Sims-Robertson and B. Hoff-Nielsen), supported by
Commission of the European Communities (Agents: G. Valero
Jordana and K. Fitch), APPLICATION for partial annulment of
Decision No 2455/2001/EC of the European Parliament and of
the Council of 20 November 2001 establishing the list of
priority substances in the field of water policy and amending
Directive 2000/60/EC (OJ 2001 L 331, p. 1), the President of
the Court of First Instance has made an order on 6 May 2003,
the operative part of which is as follows:

1. _The application is dismissed as inadmissible._

2. _The applicants shall bear their own costs and pay the costs_
_incurred by the Parliament and the Council._

3. _The Commission and the European Crop Protection Association_
_shall bear their own costs._

( [1] ) OJ C 144 of 15.6.2002.