CELEX: C2003/289/51
Language: en
Date: 2003-11-29 00:00:00
Title: Order of the Court of First Instance of 9 September 2003 in Case T-293/02: Éric Vranckx v Commission of the European Communities (Open competition — Failure to award the minimum number of points required for the oral test — Omission from the reserve list — Reasons — Consistency between the complaint and the application — Application unfounded in part and inadmissible in part)

C 289/24                EN                           Official Journal of the European Union                                          29.11.2003
3.    Reserves the costs, including those incurred by the intervener.        ORDER OF THE PRESIDENT OF THE COURT OF FIRST
                                                                                                           INSTANCE
                                                                                                       of 1 August 2003
                                                                             in Case T-378/02 R Technische Glaswerke Ilmenau GmbH
                                                                                     v Commission of the European Communities
                                                                             (Proceedings for interim measures — State aid — Obligation
      ORDER OF THE COURT OF FIRST INSTANCE                                   to recover aid — Prima facie case — Urgency — Weighing
                                                                             up of interests — Exceptional circumstances — Provisional
                                                                                                           suspension)
                       of 9 September 2003
                                                                                                        (2003/C 289/52)
in Case T-293/02: Éric Vranckx v Commission of the                                               (Language of the case: German)
                   European Communities (1)
(Open competition — Failure to award the minimum number                      In Case T-378/02 R: Technische Glaswerke Ilmenau GmbH,
of points required for the oral test — Omission from the                     established at Ilmenau, (Germany), represented by G. Schohe
reserve list — Reasons — Consistency between the complaint                   and C. Arhold, lawyers, with an address for service in
and the application — Application unfounded in part and
                                                                             Luxembourg, against Commission of the European Communi-
                        inadmissible in part)                                ties (Agents: V. Di Bucci and V. Kreuschitz), supported by
                                                                             Schott Glas, established at Mainz (Germany), represented by
                                                                             U. Soltész, lawyer — application for suspension of the
                           (2003/C 289/51)                                   operation of Article 2 of Commission Decision C (2002) 2147
                                                                             final on State aid by Germany in favour of Technische
                                                                             Glaswerke Ilmenau GmbH, the President of the Court of First
                    (Language of the case: French)                           Instance has made an order on 1 August 2003 in which he:
                                                                             1.    Suspends the operation, until 31 October 2003, of Article 2
                                                                                   of Commission Decision C (2002) 2147 final on State aid
                                                                                   C 44/2001 granted by Germany in favour of Technische
In Case T-293/02: Éric Vranckx, a member of the temporary                          Glaswerke Ilmenau GmbH;
staff of the Commission of the European Communities,
residing in Brussels (Belgium), represented by J.-N. Louis,                  2.    Makes that suspension of operation subject to the following
É. Marchal and A. Coolen, lawyers, with an address for                             conditions: first, that before 30 September 2003 at the latest
service in Luxembourg, against Commission of the European                          the applicant should repay to the Thüringer Aufbaubank the
Communities (Agents: J. Currall and L. Lozano Palacios) —                          sum of EUR ... and within a week of making that repayment
application for annulment of the decision of the selection                         and by 7 October 2003 at the latest should lodge at the
board in competition COM/B/1/00 awarding the applicant a                           Registry of the Court of First Instance and at the Commission
mark lower than the minimum required and not entering him                          written proof of that repayment; second, that the first-priority
on the reserve list — the Court of First Instance (Third                           mortgage security granted to the Thüringer Aufbaubank over
Chamber), composed of K. Lenaerts, President, J. Azizi and                         the land on which the fourth furnace stands should be released
M. Jaeger, Judges; H. Jung, Registrar, made an order on                            and re-granted to the Bundesanstalt für Vereinigungsbedingte
9 September 2003, the operative part of which is as follows:                       Sonderaufgaben by 10 October 2003 at the latest, in order to
                                                                                   guarantee the latter’s right to repayment of the balance of the
                                                                                   sale price under asset deal 1; third, that by 10 October 2003
1.    The application is dismissed;                                                at the latest Mr Geiß should lodge security, similar to the
                                                                                   personal surety jointly and severally liable with the principal
                                                                                   debtor lodged on 3 March 1998 by him in respect of the
2.    The applicants shall bear their own costs.                                   repayment of the loan made by the Thüringer Aufbaubank, in
                                                                                   favour of the Bundesanstalt für Vereinigungsbedingte Son-
                                                                                   deraufgaben in respect of the balance of the sale price under
                                                                                   asset deal 1; fourth, that by 17 October 2003 at the latest
(1) OJ C 289 of 23.11.02.
                                                                                   written proof of the novation of the securities, required in
                                                                                   accordance with the second and third conditions set out above,
                                                                                   should be lodged at the Registry of the Court of First Instance
                                                                                   and at the Commission;