CELEX: C2000/259/35
Language: en
Date: 2000-09-09 00:00:00
Title: Judgment of the Court of First Instance of 13 July 2000 in Case T-157/99: Helga Griesel v Council of the European Union (Officials — Refusal of promotion — Statement of reasons — Examination of the comparative merits of the candidates)

C 259/20                 EN                      Official Journal of the European Communities                                     9.9.2000
pension for her infant daughter — the Court of First Instance               applicant, 10 Am Gronn, Sandweiler, v Court of Justice of
(First Chamber), composed of: B. Vesterdorf, President, and                 the European Communities (Agents: N. Lierow and C. Pinto
M. Vilaras and N. Forwood, Judges; B. Pastor, Principal Admin-              Correia) — application for annulment, first, of the decision of
istrator, for the Registrar, has given a judgment on 11 July                the selection board in competition No CJ 41/98 of 15 March
2000, in which it:                                                          1999 not to include the applicant’s name in the list of suitable
                                                                            candidates and, second, of all subsequent measures adopted in
1.    Declares that there is no need to rule on the applicant’s claim       the context of that competition, and also of the appointment
      for recognition of her entitlement to receive family allowances       of the successful candidate to the post of legal adviser on
      from July 1998 onwards;                                               administrative matters — the Court of First Instance (Fourth
                                                                            Chamber), composed of V. Tiili, President, and J.D. Cooke
2.    Dismisses as inadmissible the claims for recognition of the           and P. Mengozzi, Judges; G. Herzig, Administrator, for the
      entitlement of the applicant and of her child Mira Posnantek to       Registrar, has given a judgment on 14 July 2000, in which it:
      receive the family allowances which should have been paid to
      Roger Posnantek, together with default interest, pursuant to
                                                                            1.    Dismisses the action;
      Article 67 of the Staff Regulations;
3.    Annuls the Commission’s decision of 9 March 1999 inasmuch             2.    Orders the parties to bear their own costs.
      as it refuses to recognise, first, the applicant’s entitlement to
      receive the household allowance and the dependent child
                                                                            (1) OJ C 226 of 7.8.1999.
      allowance for the period running from the death of Roger
      Posnantek until the end of the third month following the month
      in which that death occurred and, second, the entitlement of the
      child Mira Posnantek to an orphan’s pension from July 1998
      onwards;
4.    Orders the Commission to pay to the applicant the amount of
      the allowances and pension referred to in point 3 of the
      operative part of this judgment, together with default interest at        JUDGMENT OF THE COURT OF FIRST INSTANCE
      the annual rate of 6,25 %, subject to the deduction therefrom
      of any benefits of the same kind which may have been received
                                                                                                       of 13 July 2000
      by the applicant from other sources;
5.    Dismisses the remainder of the action;                                in Case T-157/99: Helga Griesel v Council of the European
                                                                                                           Union (1)
6.    Orders the Commission to bear its own costs and to pay two
      thirds of the applicant’s costs. The applicant is ordered to bear
      one third of her own costs.                                           (Officials — Refusal of promotion — Statement of reasons
                                                                            — Examination of the comparative merits of the candidates)
(1) OJ C 246 of 28.8.1999.
                                                                                                      (2000/C 259/35)
                                                                                               (Language of the case: French)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 In Case T-157/99: Helga Griesel, an official of the Council of
                                                                            the European Union, residing in Brussels, represented by
                           of 14 July 2000                                  J. Sambon and P.-P. Van Gehuchten, of the Brussels Bar, with
                                                                            an address for service in Luxembourg at the Chambers of
in Case T-146/99: Rui Teixeira Neves v Court of Justice of                  L. Schiltz, 2 Rue du Fort Rheinsheim, v Council of the
                  the European Communities (1)                              European Union (Agents: F. Anton and C. Robertson) — appli-
                                                                            cation for annulment of the Council’s decision not to promote
(Officials — Internal competition — Competition notice —                    the applicant from grade C 5 to grade C 4 in the course of the
Appointment to the post of legal adviser — Mandatory                        1998 promotions procedure — the Court of First Instance
requirement — Preferential criterion — Statement of reasons                 (Single Judge: A. Potocki); G. Herzig, Administrator, for the
                       — Misuse of powers)                                  Registrar, has given a judgment on 13 July 2000, in which it:
                          (2000/C 259/34)                                   1.    Dismisses the action;
                                                                            2.    Orders the parties to bear their own costs.
                   (Language of the case: Portuguese)
In Case T-146/99: Rui Teixeira Neves, an official of the Court              (1) OJ C 281 of 2.10.1999.
of Justice of the European Communities, residing at Sandweiler
(Luxembourg), represented by A. Encarnação, of the Oporto
Bar, with an address for service in Luxembourg care of the