CELEX: C1996/336/58
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 2 October 1996 in Case T-356/94: Sergio Vecchi v. Commission of the European Communities (Officials - Notice of vacancy - Manifest error - Misuse of powers - Statement of reasons - Admissibility)

9 . 11 . 96           EN                  Official Journal of the European Communities                                No C 336/27
JUDGMENT OF THE COURT OF FIRST INSTANCE                              Communities ( Agent: Ana Maria Alves Vieira ) —
                   of 24 September 1996                              application for annulment of the Commission's decision of
                                                                     8 August 1994 not to accept the applicant's candidature for
in Case T-l 82/94 : Ricardo Marx Esser and Casto Del Amo
                                                                     the post of head of the Commission 's delegation to
             Martinez v. European Parliament ( 1 )                   Kazakhstan and, consequently, annulment of the decision to
(Officials   — Representation — Staff Committee —                    appoint another candidate to that post, and a claim for
Elections — List of staff members entitled to vote —                 damages — the Court of First Instance ( Fourth Chamber ),
Elimination, following the ballot, ofstaffmembers on leave           composed of K. Lenaerts , President, P. Lindh and J. D.
                    on personal grounds)                             Cooke, Judges; J. Palacio Gonzalez, Administrator, for the
                           96/C 336/57 )                             Registrar, gave a judgment on 2 October 1996 , the operative
                                                                     part of which is as follows :
               (Language of the case: French)
                                                                     1 . the Commission 's decision of 8 August 1994 not to
                                                                         accept the applicant 's candidature for the post ofhead of
In Case T-l 82/94 : Ricardo Marx Esser and Casto Del Amo                 the Commission 's delegation to Kazakhstan is annulled,
Martinez, officials of the European Parliament, respectively             together with its decision of 8 August 1994 to appoint
residing at Luxembourg, and at Sandweiler ( Luxembourg ),                Mr K to that post;
represented by Georges Vandersanden , of the Brussels Bar,
with an address for service in Luxembourg at the office of           2 . the remainder of the application is dismissed;
Fiduciaire Myson Sari , 1 Rue Glesener, v. European
Parliament ( Agents : Manfred Peter and Alex Bonn ) —                3 . the Commission is ordered to pay the costs , including
application for annulment of the elections to the Staff                  those relating to the procedure for interim relief.
Committee of the Secretariat of the European Parliament,
held on 21 to 27 May 1993 — the Court of First Instance
( Third Chamber ), composed of: C. P. Briët, President, and          (') OJ No C 370 , 24 . 12 . 1994 .
B. Vesterdorf and A. Potocki , Judges ; J. Palacio Gonzalez,
Administrator, for the Registrar, has given a judgment on
24 September 1996 , in which it:
1 . declares that there is no need to give a ruling on the
     applications for measures of inquiry submitted by the
     applicants;                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                           of 8 October 1996
2 . annuls the decision of the President of the European             in Joined Cases T-24/93 , T-25/93 , T-26/93 and T-28/93 ,
     Parliament of 3 February 1 994 rejecting the applicants '       Compagnie Maritime Beige Transports SA and Others v.
     complaint and refusing to annul the electoral                          Commission of the European Communities (')
     proceedings in issue;
                                                                     (Competition — International maritime transport — Liner
                                                                     conferences — Regulation (EEC) No 4056/86 — Effect on
3 . orders the Parliament to pay the costs.
                                                                     trade — Collective dominantposition — Implementation of
                                                                     an agreement providing for an exclusive right — Fighting
(') OJ No C 174, 25 . 6 . 1994 .                                     ships — Loyalty rebates — Fines — Assessment criteria)
                                                                                              ( 96/C 336/59 )
                                                                          (Languages of the case: Dutch, English , German)
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             In Joined Cases T-24/93 , Compagnie Maritime Beige
                       of 2 October 1996                             Transports SA and Compagnie Maritime Beige SA,
                                                                     established at Antwerp ( Belgium ), represented by Michel
in Case T-356/94 : Sergio Vecchi v. Commission of the                Waelbroeck and Denis Waelbroeck, of the Brussels Bar, and
                  European Communities (*)                           by Aurelio Pappalardo , of the Trapani Bar, with an address
 (Officials — Notice of vacancy — Manifest error — Misuse            for service in Luxembourg at the Chambers of Ernest
    of powers — Statement of reasons — Admissibility)                Arendt, 34 Rue Philippe II v. Commission of the European
                          ( 96/C 336/58 )                            Communities ( Agents, during the written procedure , Bernd
                                                                     Langeheine and Richard Lyal and , at the hearing, Richard
                                                                     Lyal, Paul Nemitz and Berend Jan Drijber ), supported by
                (Language of the case: French)                        Grimaldi , established at Palermo ( Italy ), and Cobelfret,
                                                                     established at Antwerp ( Belgium ), represented by Mark
 In Case T-356/94 : Sergio Vecchi, an official of the                 Clough, Barrister, with an address for service in
 Commission of the European Communities, residing at                  Luxembourg at the Chambers of Aloyse May, 31
 Overijse ( Belgium ), represented by Georges Vandersanden            Grand-Rue ; T-25/93 , Dafra-Lines A/S, established at
 and Laure Levi, both of the Brussels Bar, with an address for        Copenhagen , represented by Michel Waelbroeck and Denis
 service in Luxembourg at the offices of Fiduciaire Myson            Waelbroeck, of the Brussels Bar, and by Aurelio
 Sari, 1 Rue Glesener v. Commission of the European                   Pappalardo, of the Trapani Bar, with an address for service