CELEX: C1997/387/50
Language: en
Date: 1997-12-20 00:00:00
Title: Removal from the register of Case T-87/97

C 387/26             lEN                Official Journal of the European Communities                                 20 . 12 . 97
Instance of the European Communities on 28 October                 The applicant also maintains that the contested decisions
1997 by Antonio Giannini, residing in Brussels,                    disregard the principle of the protection of legitimate
represented by Marc Dallemagne and Carlo Locchi, of the            expectations and are vitiated by a misuse of powers.
Brussels Bar, 85 Rue du Prince Royal .
The applicant claims that the Court should:
— annul :
                                                                          Removal from the register of Case T-396/94 (')
                                                                                               ( 97/C 387/48 )
     — the defendant's decision annulling notice COM/
         151/94,                                                                    (Language of the case: Dutch)
     — notice COM/062/97,                                          By order of 3 November 1997 the President of the First
                                                                   Chamber, Extended Composition, of the Court of First
                                                                   Instance of the European Communities has ordered the
     — the defendant's decision No 4732 of 24 July 1997            removal from the register of Case T-396/94 : Centrale
         rejecting the complaint, which was notified to the        Bewerkingseenheid ( CBE) v. Commission of the European
         applicant on 30 July 1997,                                Communities .
                                                                   (') OJ C 392 , 31 . 12 . 1994 .
— order the defendant to :
     — pay the applicant the difference between his salary
         and the salary improperly paid to the candidate
         appointed to the post in issue, by way of
         compensation for the non-material damage                          Removal from the register of Case T-23/97 (')
         suffered by him since the unlawful appointment of                                        97/C 387/49 )
         the latter,
                                                                                  (Language of the case: Portuguese)
     — pay the applicant the difference between his
         current salary and the salary which he would have
         received in grade A3 since 28 April 1995 , by way         By order of 3 November 1997 the President of the Second
         of compensation for the material damage suffered           Chamber, Extended Composition, of the Court of First
         by him,                                                   Instance of the European Communities has ordered the
                                                                    removal from the register of Case T-23/97: AEVP —
                                                                    Associa^ao das Empresas de Vinho do Porto v.
      — pay all of the costs.                                       Commission of the European Communities.
                                                                    (') OJ C 131 , 26 . 4 . 1997.
 Pleas in law and main arguments adduced in support:
 The applicant contests the decisions taken by the
 defendant, in consequence of the judgment delivered by
 the Court of First Instance on 19 March 1997 in Case
 T-21/96 Giannini v. Commission, to annul vacancy notice                    Removal from the register of Case T-87/97 (')
 COM/151 /94, issued with a view to filling the post of                                          ( 97/C 387/50 )
 Head of Unit DG I/D/ l 'Negotiation and management of
 textile agreements; footwear and other industries', and to
 publish a new vacancy notice COM/062/97 in relation to                              (Language of the case: Dutch)
 the same post.
                                                                     By order of 3 November 1997 the President of the First
                                                                     Chamber of the Court of First Instance of the European
 Fie considers that the arguments advanced by the                    Communities has ordered the removal from the register of
 defendant to justify the formulation of a fresh notice              Case T-87/97: Gustaaf van Dyck v. Commission of the
 corresponding to the same post are incorrect, and asserts           European Communities.
 that to seek to remove the defects which vitiated the
  notice annulled by the Court by adopting an act which,
                                                                     (') OJ C 166 , 31 . 5 . 1997.
  although in a new form, is vitiated by the same defects,
  amounts to an attempt to circumvent the spirit of the
  Court's judgment .