CELEX: C1998/397/60
Language: en
Date: 1998-12-19 00:00:00
Title: ORDER OF THE PRESIDENT OF THE COURT OF FIRST INSTANCE of 21 October 1998 in Case T-40/95 R II: V v. Commission of the European Communities (Officials - Applications for interim measures - Disciplinary procedure - No need to adjudicate)

C 397/30              EN               Official Journal of the European Communities                                  19.12.98
J. Palacio GonzaÂlez, Administrator, for the Registrar, has         JUDGMENT OF THE COURT OF FIRST INSTANCE
given a judgment on 17 November 1998, in which it:                                    of 12 November 1998
                                                                  in Case T-294/97: Manuel TomaÂs Carrasco Benítez v.
1. Dismisses the action;                                                  Commission of the European Communities (1)
                                                                  (Officials Ð Internal competition reserved for Category A
2. Orders the parties to bear their own costs.                    temporary staff Ð Application by a Grade B 5 official Ð
                                                                           Unlawfulness of the notice of competition)
(1) OJ C 54, 22.2.1997.                                                                    (98/C 397/59)
                                                                                 (Language of the case: French)
                                                                  In Case T-294/97: Manuel TomaÂs Carrasco Benítez, an
                                                                  official of the Commission of the European Communities,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                         residing in London, represented by Jean-NoeÈl Louis,
                    of 17 November 1998                           Thierry Demaseure, FrancËoise Parmentier and, initially,
                                                                  Ariane Tornel, of the Brussels Bar, with an address for
in Case T-131/97: Carmen Gómez de Enterría y Sanchez              service in Luxembourg at the Offices of Fiduciaire Myson
                  v. European Parliament (1)                      SARL, 30 Rue de Cessange, v. Commission of the
(Officials Ð Retirement Ð Article 50 of the Staff                 European Communities (Agent: Julian Currall) Ð
                         Regulations)                             application for annulment of the decision of the selection
                                                                  board in competition COM/T/A/97 not to admit the
                        (98/C 397/58)                             applicant to the tests in the competition, which had been
                                                                  organised in order to constitute a reserve list of assistant
                                                                  administrators, administrators and principal administrators
               (Language of the case: French)                     Ð the Court of First Instance (Fourth Chamber),
                                                                  composed of: P. Lindh, President, and K. Lenaerts and
                                                                  J. D. Cooke, Judges; J. Palacio GonzaÂlez, Administrator,
In Case T-131/97: Carmen Gómez de Enterría y Sanchez,             for the Registrar, has given a judgment on 12 November
a former official of the European Parliament, represented         1998, in which it:
by Eric Boigelot, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of Louis Schiltz, 2
Rue du Fort Rheinsheim, v. European Parliament (Agent:            1. Annuls the decisions of the selection board of 14 April
Manfred Peter, assisted by Denis Walbroeck) Ð                         and 12 May 1997 in internal competition COM/T/A/
application for annulment of the decision adopted                     97, refusing to admit Manuel TomaÂs Carrasco Benítez
pursuant to Article 50 of the Staff Regulation of officials           to the tests in that competition;
of the European Communities by the European Parliament
at its meeting on 15 and 16 July 1996, by which it retired
the applicant and rejected her applications for two other         2. Orders the Commission to pay the costs.
posts in the same grade Ð the Court of First Instance
(First Chamber), composed of: B. Vesterdorf, President,           (1) OJ C 26, 24.1.1998.
R. M. Moura Ramos and P. Mengozzi, Judges; A. Mair,
Administrator, for the Registrar, has gien a judgment on
17 November 1998, in which it:
1. Declares the action inadmissible in so far as it seeks
     annulment of that section of the operative part of the                      ORDER OF THE PRESIDENT
     decision adopted by the European Parliament at its                     OF THE COURT OF FIRST INSTANCE
     meeting on 15 and 16 July 1996 which confirms the
     rejection of the application by the applicant for the                             of 21 October 1998
     post of Director-General of the Parliament's                 in Case T-40/95 R II: V v. Commission of the European
     Directorate-General 1;                                                                 Communities
                                                                  (Officials Ð Applications for interim measures Ð
2. Dismisses the remainder of the action;                              Disciplinary procedure Ð No need to adjudicate)
                                                                                           (98/C 397/60)
3. Orders the parties to bear their own costs.
                                                                                 (Language of the case: French)
(1) OJ C 212, 12.7.1997.
                                                                  In Case T-40/95 R II: V, an official of the Commission of
                                                                  the European Communities, represented by Jean-NoeÈl
 ---pagebreak--- 19.12.98             EN                 Official Journal of the European Communities                                 C 397/31
Louis, Thierry Demaseure and Ariane Tornel, of the                 tender to the defendant for the Project entitled FD RUS
Brussels Bar, with an address for service in Luxembourg at         9603 which concerned adapting Russian beef and dairy
the Office of Fiduciaire Myson SARL, 30 Rue de                     cattle farming to restructuring and which was worth ECU
Cessange, against Commission of the European                       3,7 million. Under the tendering procedure there were two
Communities (Agent: Ana Maria Alves Vieira) Ð                      rounds of evaluation to assess the shortlisted tenderers. In
application for suspension of operation of the                     the first round the applicant's tender was placed first,
Commission's decision of 18 January 1995 removing the              whereas in the second round it was only awarded second
applicant from his post as a disciplinary sanction Ð the           place.
President of the Court of First Instance made an order on
21 October 1998, the operative part of which is as
follows:
                                                                   The applicant was informed of the outcome of the second
                                                                   round of the tendering procedure, which is contested in
There is no need to adjudicate on the application for              this application, by letter of 26 June 1998. That letter
interim measures.                                                  stated that the applicant's tender was unsuccessful because
                                                                   it was inferior to the successful tender in terms of the
                                                                   experience of its team and its financial offer. However, in
                                                                   the tendering procedure as a whole there were serious
                                                                   breaches by the defendant and by the winning tenderer in
                                                                   the second round of the principle of fair competition on
                                                                   which every invitation to tender is based, with the result
Action brought by ADT Projekt Gesellschaft der
                                                                   that the award of the contract for this project must be
Arbeitsgemeinschaft Deutscher Tierzüchter mbH against
                                                                   annulled.
the Commission of the European Communities, received
by the Registry of the Court of Justice on 11 September
1998 and transmitted to the Court of First Instance
pursuant to the first paragraph of Article 47 of the EC
               Statute of the Court of Justice
                      (Case T-145/98)
                       (98/C 397/61)                               Action brought on 15 October 1998 by Anastasios
                                                                   Bisopoulos against the Commission of the European
              (Language of the case: German)                                               Communities
                                                                                         (Case T-168/98)
An action against the Commission of the European
Communities was brought before the Court of First                                         (98/C 397/62)
Instance of the European Communities on 11 September
1998 by ADT Projekt Gesellschaft der Arbeitsgemeinschaft
Deutscher Tierzüchter mbH, Bonn (FRG), represented by                             (Language of the case: French)
Andreas Hansen, Rechtsanwalt, with an address for
service at Uelzener Straûe 8, Bienenbüttel (FRG).
                                                                   An action against the Commission of the European
The applicant claims that the Court should:                        Communities was brought before the Court of First
                                                                   Instance of the European Communities on 15 October
1.   declare that the decision of the defendant of 26 June         1998 by Anastasios Bisopoulos, residing in Brussels,
    1998, notified to the applicant on 6 July 1998, is             represented by Eric Boigelot, of the Brussels Bar, with an
    unlawful,                                                      address for service in Luxembourg at the Chambers of
                                                                   Louis Schiltz, 2 Rue du Fort Rheinsheim.
2. declare further that the defendant is bound to award
    the contract to carry out Project No FD RUS 9603 to
    the applicant,                                                 The applicant claims that the Court should:
3. Order the defendant to pay to the applicant the sum
    of DEM 550 000 by way of damages,                              Ð annul the decision of the appointing authority of
                                                                       12 February 1998, which took effect on 16 February
                                                                       1998 and was communicated to the applicant on
4. in the alternative, order the defendant to pay to the               27 February 1998, inasmuch as it classifies the
    applicant the sum of DEM 225 250 by way of
                                                                       applicant in grade A 5, step 5, which seniority in step
    damages.
                                                                       as from 1 May 1997;
Pleas in law and main arguments adduced in support:
                                                                   Ð annul the implicit decision rejecting the complaint of
The applicant, which operates a successful livestock                   25 May 1998, registered on 27 May 1998 under
consultancy throughout Eastern Europe, submitted a                     number R492/98;