CELEX: C1998/055/49
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 December 1997 in Case T-208/96: Eberhard Eiselt v. Commission of the European Communities (Vocational training course - Refusal to participate - Infringement of Article 24 of the Staff Regulations and of the principle of equal treatment - Claim for compensation for damage suffered)

C 55/24               EN                  Official Journal of the European Communities                                    20.2.98
1. The decision of the Committee of the Regions of                   3. The parties shall each bear their own costs.
    20 September 1995, in so far as it refuses to appoint
    the applicant to one of the vacant posts referred to in          (1) OJ C 94, 22.3.1997.
    notice of internal competition A/02/95, is annulled.
2. The decision of the Committee of the Regions of
    20 September 1995, in so far as it appoints to certain
    vacant posts referred to in notice of internal
    competition A/02/95 a number of successful
    candidates classified below the applicant on the list of           JUDGMENT OF THE COURT OF FIRST INSTANCE
    eligible candidates, is annulled.                                                    of 18 December 1997
                                                                     in Joined Cases T-159/94 and T-160/94: Ajinomoto Co.,
3. The Committee of the Regions is ordered to pay the                Inc. and The NutraSweet Company v. Council of the
    costs.                                                                                European Union (1)
                                                                     (Action for annulment Ð Dumping Ð Aspartame Ð
(1) OJ C 294, 5.10.1996.
                                                                     Right to a fair hearing Ð Normal value Ð Reference
                                                                                      country Ð Patent Ð Injury)
                                                                                              (98/C 55/50)
                                                                                    (Language of the case: English)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 17 December 1997
                                                                     In Joined Cases T-159/94: Ajinomoto Co., Inc., established
in Case T-208/96: Eberhard Eiselt v. Commission of the               in Tokyo, represented by Mario Siragusa, of the Rome
                  European Communities (1)                           Bar, and Till Müller-Ibold, Rechtsanwalt, Frankfurt am
                                                                     Main, with an address for service in Luxembourg at the
(Vocational training course Ð Refusal to participate Ð               Chambers of Marc Loesch, 11 rue Goethe, and T-160/94:
Infringement of Article 24 of the Staff Regulations and of           The NutraSweet Company, established at Deerfield,
the principle of equal treatment Ð Claim for                         Illinois (United States of America), represented initially by
             compensation for damage suffered)                       Otto Grolig, Peter Bogaert and Koen Vanhaerents, and
                         (98/C 55/49)                                subsequently by Otto Grolig, Jean-FrancËois Bellis and
                                                                     Fabrizio Di Gianni, of the Brussels Bar, with an address
                                                                     for service in Luxembourg at the Chambers of Jacques
                (Language of the case: Italian)                      Loesch, 11 rue Goethe, against Council of the European
                                                                     Union (Agents: Erik Stein, Guus Houttuin, Hans-Jürgen
In Case T-208/96: Eberhard Eiselt, an official of the                Rabe and Georg M. Berrisch), supported by Commission
Commission of the European Communities, residing in                  of the European Communities (Agents: Eric L. White,
Ispra (Italy), represented by Giuseppe Marchesini, of the            Nicholas Khan, assisted initially by Mark Cran and
Vicenza Bar, with an address for service in Luxembourg at            subsequently by Fergus Randolph) Ð applications for
the Chambers of Ernest Arendt, 8Ð10 rue Mathias Hardt,               annulment of Council Regulation (EEC) No 1391/91 of
against Commission of the European Communities (Agent:               27 May 1991 imposing a definitive anti-dumping duty on
Gianluigi Valsesia) Ð application for, first, the annulment          imports of aspartame originating in Japan and the United
of a decision of the Commission refusing the applicant the           States of America (OJ L 134, 29.5.1991, p. 1) Ð the
further vocational training he requested and, secondly, the          Court of First Instance (Fifth Chamber, Extended
annulment of the decision of the Commission assigning                Composition), composed of: R. García-Valdecasas,
him to duties which did not correspond to his                        President, V. Tiili, J. Azizi, R. M. Moura Ramos and M.
qualifications, his professional experience or to the duties         Jaeger, Judges; A. Mair, Administrator, for the Registrar,
for which he was initially recruited Ð the Court of First            has given a judgment on 18 December 1997, in which it:
Instance (Fourth Chamber), composed of K. Lenaerts,
President, P. Lindh and J. D. Cooke, Judges; A. Mair,
                                                                     1. dismisses the applications;
Administrator, for the Registrar, gave a judgment on
17 December 1997, the operative part of which is as
follows:                                                             2. orders the applicants to bear their own costs and to
                                                                          pay the costs of the Council;
1. The application is dismissed as inadmissible inasmuch
    as it seeks a finding that the allocation to the applicant
                                                                     3. orders the Commission to bear its own costs.
    of duties for which he is not trained and for which he
    was not initially employed is unlawful in so far as it is
    not in the interests of the institution.                         (1) OJ C 291, 8.11.1991.
2. The remainder of the application is dismissed.