CELEX: C2003/135/47
Language: en
Date: 2003-06-07 00:00:00
Title: Order of the Court of First Instance of 1 April 2003 in Case T-13/01: Daniele Riva v Commission of the European Communities (Contract as a member of the temporary staff — Admissibility — Act adversely affecting an official — Compliance with time-limits under the Staff Regulations — Second renewal of a contract as a member of the temporary staff — Articles 2(d), 8 and 47 of the CEOS)

7.6.2003                EN                          Official Journal of the European Union                                          C 135/29
       ORDER OF THE COURT OF FIRST INSTANCE                                        ORDER OF THE COURT OF FIRST INSTANCE
                          of 1 April 2003                                                              of 1 April 2003
in Case T-12/01: Cristina Ascatigno Battistella v Com-                      in Case T-13/01: Daniele Riva v Commission of the
          mission of the European Communities (1)                                               European Communities (1)
(Contract as a member of the temporary staff — Admissi-                     (Contract as a member of the temporary staff — Admissi-
bility — Act adversely affecting an official — Compliance                   bility — Act adversely affecting an official — Compliance
with time-limits under the Staff Regulations — Second                       with time-limits under the Staff Regulations — Second
renewal of a contract as a member of the temporary staff —                  renewal of a contract as a member of the temporary staff —
             Articles 2(d), 8 and 47 of the CEOS)                                         Articles 2(d), 8 and 47 of the CEOS)
                          (2003/C 135/46)                                                              (2003/C 135/47)
                    (Language of the case: Italian)                                              (Language of the case: Italian)
In Case T-12/01: Cristina Ascatigno Battistella, a former                   In Case T-13/01: Daniele Riva, a former member of the
member of the temporary staff of the Commission of the                      temporary staff of the Commission of the European Communi-
European Communities, residing in Verghera di Samarate                      ties, residing in Leggiuno (Italy), represented by B. Nascimbene
(Italy), represented by B. Nascimbene and M. Condinanzi,                    and M. Condinanzi, lawyers, with an address for service in
lawyers, with an address for service in Luxembourg, against                 Luxembourg, against Commission of the European Communi-
Commission of the European Communities (Agents: F. Clo-                     ties (Agents: F. Clotuche-Duvieusart and A. Dal Ferro) —
tuche-Duvieusart and A. Dal Ferro) — application for annul-                 application for annulment of the decision of 28 September
ment of the decision of 28 September 2000 by which the                      2000 by which the authority empowered to conclude contracts
authority empowered to conclude contracts of employment                     of employment rejected the complaint lodged by the applicant
rejected the complaint lodged by the applicant seeking a                    seeking a declaration that the employment relationship which
declaration that the employment relationship which bound                    bound her to the Commission was a relationship of indefinite
her to the Commission was a relationship of indefinite period               period under a contract as a member of the temporary staff
under a contract as a member of the temporary staff pursuant                pursuant to Article 2(d) of the Conditions of Employment of
to Article 2(d) of the Conditions of Employment of other                    other Servants, renewed on more than one occasion with the
Servants, renewed on more than one occasion with the effects                effects referred to in the last paragraph of Article 8 of those
referred to in the last paragraph of Article 8 of those conditions          conditions — the Court of First Instance (Fifth Chamber),
— the Court of First Instance (Fifth Chamber), composed of                  composed of R. García-Valdecasas, President of the Chamber,
R. García-Valdecasas, President of the Chamber, P. Lindh and                P. Lindh and J.D. Cooke, Judges; H. Jung, Registrar, made an
J.D. Cooke, Judges; H. Jung, Registrar, made an order on                    order on 1 April 2003, the operative part of which is as
1 April 2003, the operative part of which is as follows:                    follows:
1.    The action is dismissed as inadmissible.                              1.     The action is dismissed as inadmissible.
2.    The parties are to bear their own costs.                              2.     The parties are to bear their own costs.
( 1) OJ 2001 C 95.                                                          (1 ) OJ 2001 C 95.