CELEX: C2003/289/45
Language: en
Date: 2003-11-29 00:00:00
Title: Judgment of the Court of First Instance of 30 September 2003 in Case T-214/02, María-Angeles Martínez Valls v European Parliament (Community officials — Competition — Non-admission to oral tests — Access to documents)

29.11.2003                EN                          Official Journal of the European Union                                            C 289/21
Baere, lawyer, with an address for service in Luxembourg, v                   1.    Annuls the decision adopting the decision adopting the appli-
Commission of the European Communities (Agent: R. Wain-                             cant’s definitive staff report for the period 1 July 1995 to
wright): Application for annulment of Commission Regulation                         30 June 1997.
(EC) No 1400/2001 of 10 July 2001 concerning the classifi-
cation of certain goods in the Combined Nomenclature (OJ                      2.    Orders the Commission to pay the applicant EUR 1 500 by
2001 L 189, p. 5); corrigendum published in the German,                             way of compensation for non-material damages.
English, Finnish, Portuguese and Swedish editions (OJ 2001
L 191, p. 49), the Court of First Instance (Third Chamber),
composed of: K. Lenaerts, President, J. Azizi and M. Jaeger,                  3.    Orders the Commission to pay the costs.
Judges; J. Plingers, Administrator, for the Registrar, has given a
judgment on 30 September 2003, in which it:
                                                                              (1) OJ 2002 C 56 of 2.3.02.
1.    Annuls Commission Regulation (EC) No 1400/2001 of
      10 July 2001 concerning the classification of certain goods in
      the Combined Nomenclature (OJ 2001 L 189, p. 5) in so far
      as it classifies the console described in column 1 of the table in
      the Annex to that regulation under CN Code 9504 10 00 and
      the accompanying CD-ROM under CN Code 8524 39 90;
2.    Dismisses the request for production of the defendant’s legal
      opinion;                                                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
3.    Orders the defendant to pay all the costs.
                                                                                                     of 30 September 2003
(1) OJ C 3 of 5.1.2002.
                                                                              in Case T-214/02, María-Angeles Martínez Valls v Euro-
                                                                                                       pean Parliament (1)
                                                                              (Community officials — Competition — Non-admission to
                                                                                             oral tests — Access to documents)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                        (2003/C 289/45)
                        of 30 September 2003
                                                                                                   (Language of the case: French)
in Case T-296/01, Antonio Tatti v Commission of the
                     European Communities (1)
(Community officials — Staff report — Tardiness —                             In Case T-214/02, María-Angeles Martínez Valls, residing in
Irregularities in reporting procedure — Action for annul-                     Brussels (Belgium), represented by Georges Vandersanden and
                    ment — Action for damages)                                L. Levi, lawyers, against the European Parliament (Agents:
                                                                              H. von Hertzen and D. Moore) — application, first, for
                                                                              annulment of the letters of 3 April and 31 May 2002 by which
                            (2003/C 289/44)                                   the Selection Board found that the applicant had obtained
                                                                              insufficient marks in the written tests in competition PE/90/A
                      (Language of the case: French)                          and, with respect to the letter of 31 May 2002, by which the
                                                                              Selection Board rejected the applicant’s request seeking access
                                                                              to certain documents and, second, for compensation for the
                                                                              loss suffered as a result of those letters, the Court of First
In Case T-296/01, Antonio Tatti, official of the Commission                   Instance (Fifth Chamber), composed of R. García-Valdecasas,
of the European Communities, residing in Overijse (Belgium),                  President, and P. Lindh and J.D. Cooke, Judges, I. Natsinas,
represented by L. Vogel, lawyer, with an address for service                  Administrator for the Registrar, has given a judgment on
in Luxembourg, against the Commission of the European                         30 September 2003, in which it:
Communities (Agent: C. Berardis-Kayser), application, first, for
annulment of the decision adopting the applicant’s definitive
staff report for the period 1 July 1995 to 30 June 1997 and,                  1.    Holds that there is no need to rule on the application for
second, for damages, the Court of First Instance (Fourth                            annulment of the letter of 31 May 2002 in so far as it rejects
Chamber), composed of V. Tiili, President, and P. Mengozzi                          the request for access to documents.
and M. Vilaras, Judges; D. Christensen, Administrator, for the
Registrar, has given a judgment on 30 September 2003, in                      2.    Orders the Parliament to pay the applicant EUR 1 by way of
which it:                                                                           damages for non-material damage.
 ---pagebreak--- C 289/22                EN                          Official Journal of the European Union                                      29.11.2003
3.    Dismisses the remainder of the application.                               JUDGMENT OF THE COURT OF FIRST INSTANCE
4.    Orders the Parliament to bear its own costs and to pay half of                              of 17 September 2003
      the costs incurred by the applicant.
                                                                            in Case T-233/02: Charis Alexandratos and Maria Pana-
5.    Orders the applicant to bear one half of her own costs.                        giotou v Council of the European Union (1)
                                                                            (Officials — Action for annulment — Open competition —
(1) OJ 2002 C 219 of 14.09.02.                                              Decision of the selection board refusing admission to the
                                                                            oral tests — Scope of the obligation to state reasons —
                                                                            Scope of judicial review — Compliance with the rules
                                                                                  governing the deliberations of the selection board)
                                                                                                     (2003/C 289/47)
                                                                                                (Language of the case: Greek)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                            In Case T-233/02, Charis Alexandratos and Maria Panagiotou,
                      of 18 September 2003                                  residing in Brussels (Belgium), represented by C. Tagaras,
                                                                            lawyer, v Council of the European Union, (Agents: F. Anton
                                                                            and D. Zahariou) — application for annulment of the decision
In Case T-221/02 Giorgio Lebedef and Others against the                     of the selection board in the Council’s open competition A/
       Commission of the European Communities (1)                           393 (2000/C98 A/02) refusing to admit the applicants to the
                                                                            oral tests for that competition, — the Court of First Instance
                                                                            (Fourth Chamber), composed of V. Tiili, President of the
(Officials — Pay — Travelling expenses — Method of                          Chamber, P. Mengozzi and M. Vilaras, Judges; Registrar:
                             calculation)                                   I. Natsinas, Administrator, delivered a judgment on 17 Septem-
                                                                            ber 2003, the operative part of which is as follows:
                          (2003/C 289/46)
                                                                            1.    The action is dismissed.
                    (Language of the case: French)                          2.    Each party shall bear its own costs.
                                                                            (1) OJ 2002 C 233 of 28.9.02.
In Case T-221/02: Giorgio Lebedef, an official of the Com-
mission of the European Communities, resident in Senningen-
berg (Luxembourg), and 63 other officials, represented by
G. Bounéou and F. Frabetti, lawyers, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: J. Currall and V. Joris) — application                     JUDGMENT OF THE COURT OF FIRST INSTANCE
for annulment of the Commission’s decision changing, with
effect from 1996 or 1997, the procedure for calculating the                                       of 30 September 2003
annual expense of travelling to Greece in respect of the journey
via Brindisi and annulment of the applicants’ reimbursement
statements implementing that decision — the Court of First                  in Case T-302/02 Michael Kenny v Court of Justice of the
Instance (Third Chamber), composed of K. Lenaerts, President,                                  European Communities (1)
J. Azizi and M. Jaeger, Judges; J. Plingers, Administrator, has
given a judgment on 18 September 2003 in which it:                          (Officials — Appointment — Discretion of the appointing
                                                                                          authority — Interests of the service)
1.    Dismisses the action;
                                                                                                     (2003/C 289/48)
2.    Orders the parties to bear their own costs.                                               (Language of the case: French)
(1) OJ C 247 of 12 October 2002.
                                                                            In Case T-302/02 Michael Kenny, an official of the Court of
                                                                            Justice of the European Communities, residing at Roodt-sur-
                                                                            Syre (Luxembourg), represented by G. Vandersanden and