Source: EURLEX
Language: en
Format: md

C 184/32 EN Official Journal of the European Union 2.8.2003

**COURT OF FIRST INSTANCE**

**Designation of Presidents of Chambers and assignment of**
**Judges to Chambers**

(2003/C 184/74)

At its meeting on 2 July 2003, the Court of First Instance
decided, pursuant to Articles 10 and 15 of the Rules of
Procedure of the Court of First Instance and to the transitional
provision laid down in Article 2 of the amendment to its
Rules of Procedure adopted on 21 May 2003, for the period
between 1 October 2003 and 31 August 2004:

a. to designate as Presidents of Chamber:

—
Judge Pirrung

—
Judge Azizi

—
Judge Legal

—
Judge Lindh

b. to assign the Members of the Court of First Instance to
the Chambers as follows:

_to the First Chamber:_

Mr Vesterdorf (President), Mr Mengozzi and Ms Martins
Ribeiro, Judges;

_to the First Chamber, Extended Composition:_

Mr Vesterdorf (President), Mr Lenaerts, Mr Jaeger,
Mr Mengozzi and Ms Martins Ribeiro, Judges;

_to the Second Chamber:_

Mr Pirrung, (President of Chamber), Mr Meij and
Mr Forwood, Judges;

_to the Second Chamber, Extended Composition:_

Mr Pirrung, (President of Chamber), Ms Tiili, Mr Meij,
Mr Vilaras and Mr Forwood, Judges;

_to the Third Chamber:_

Mr Azizi, (President of Chamber, Mr Lenaerts and
Mr Jaeger, Judges;

_to the Third Chamber, Extended Composition:_

Mr Azizi, (President of Chamber), Mr García-Valdecasas,
Mr Lenaerts, Mr Cooke and Mr Jaeger, Judges;

_to the Fourth Chamber:_

Mr Legal, (President of Chamber), Ms Tiili and Mr Vilaras,
Judges;

_to the Fourth Chamber, Extended Composition:_

Mr Legal, (President of Chamber), Ms Tiili, Mr Meij,
Mr Vilaras and Mr Forwood, Judges;

_to the Fifth Chamber:_

Ms Lindh, (President of Chamber), Mr García-Valdecasas
and Mr Cooke, Judges;

_to the Fifth Chamber, Extended Composition:_

Ms Lindh, (President of Chamber, Mr García-Valdecasas,
Mr Cooke, Mr Mengozzi et Ms Martins Ribeiro, Judges.

Where the Judge-Rapporteur is assigned to another Chamber
of three judges as a result of the amendment of the composition of the Chambers, shall be reassigned, with effect from
1 October 2003, to the Chamber to which the Judge Rapporteur belongs after that date.

For cases in which the written procedure was completed and a
hearing in the oral procedure was held or fixed before
1 October 2003, the Chamber shall continue to sit with the
same composition as before for the oral procedure, the deliberation and the judgment.

**Composition of the Grand Chamber**

At its full meeting on 2 July 2003 the Court of First Instance
decided, in accordance with Article 10(1) of its Rules of
Procedure as amended on 21 May 2003, that:

—
for the period 1 August to 30 September 2003 the
Grand Chamber should be composed of President Vesterdorf, Judges García-Valdecasas, Lenaerts, Tiili and
Forwood, Presidents of Chambers, the four Judges of the
Extended Composition Chamber who would have had to
hear the case in question if it had been assigned to a
Chamber composed of five Judges and of two other
Judges nominated by the President of the Court of First
Instance in turn from among the Judges of the other
Chamber in order of their seniority in office under
Article 6 of the Rules of Procedure;

—
for the period 1 October 2003 to 31 August 2004, the
Grand Chamber shall be composed of President Vesterdorf, Judges Lindh, Azizi, Pirrung and Legal, Presidents of
Chambers, the four Judges of the Extended Composition
Chamber who would have had to hear the case in
question if it had been assigned to a Chamber composed
of five Judges and of two other Judges nominated by the
President of the Court of First Instance in turn from
among the Judges of the other Chamber in order of their
seniority in office under Article 6 of the Rules of Procedure;

With regard to cases in which the written procedure was
completed and a hearing for the oral procedure held or fixed
before the Grand Chamber before 1 October 2003, the Grand
Chamber shall continue to sit in its previous composition for
the oral procedure, the deliberations and the judgment.

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;_