CELEX: C2003/135/44
Language: en
Date: 2003-06-07 00:00:00
Title: Judgment of the Court of First Instance of 9 April 2003 in Case T-134/02: Miguel Tejada Fernández v Commission of the European Communities (Officials — Promotion — Consideration of comparative merits — Action for annulment)

C 135/28                 EN                        Official Journal of the European Union                                         7.6.2003
declare it compatible with the common market and the EEA                   (Third Chamber), composed of K. Lenaerts, President of the
Agreement, subject to compliance with the undertakings                     Chamber, J. Azizi and M. Jaeger, Judges; Blanca Pastor, Deputy
proposed (Case COMP/M.2621 — SEB v Moulinex) — the                         Registrar, gave a judgment on 9 April 2003, in which it:
Court of First Instance (Third Chamber), composed of K. Lena-
erts, President, J. Azizi and M. Jaeger, Judges; J. Palacio,               1.    Annuls the decision of the Commission not to promote the
Principal Administrator, for the Registrar, gave a judgment on                   applicant to Grade B 2 in the 2001 promotions procedure;
3 April 2003, in which it:
                                                                           2.    Orders the Commission to pay the costs;
1.     Annuls Commission Decision D/228078 of 8 January 2002
       not to oppose the concentration between SEB and Moulinex            (1 ) OJ C 156 of 29.6.02.
       and to declare it compatible with the common market and the
       EEA Agreement, subject to compliance with the undertakings
       proposed (Case COMP/M.2621 — SEB v Moulinex) so far as
       concerns the markets in Italy, Spain, Finland, the United
       Kingdom and Ireland;
                                                                                  ORDER OF THE COURT OF FIRST INSTANCE
2.     Dismisses the remainder of the application;
                                                                                                     of 1 April 2003
3.     Orders the applicant and the Commission to bear their own
       costs;                                                              in Case T-11/01: Catherine Mascetti v Commission of the
                                                                                              European Communities (1)
4.     Orders SEB SA and De Longhi SpA to bear their own costs.
                                                                           (Contract as a member of the temporary staff — Admissi-
                                                                           bility — Act adversely affecting an official — Compliance
( 1) OJ C 144 of 15.06.02.                                                 with time-limits under the Staff Regulations — Second
                                                                           renewal of a contract as a member of the temporary staff —
                                                                                         Articles 2(d), 8 and 47 of the CEOS)
                                                                                                     (2003/C 135/45)
                                                                                               (Language of the case: Italian)
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               In Case T-11/01: Catherine Mascetti, a former member of
                                                                           the temporary staff of the Commission of the European
                                                                           Communities, residing in Leggiuno (Italy), represented by
                           of 9 April 2003                                 B. Nascimbene and M. Condinanzi, lawyers, with an address for
                                                                           service in Luxembourg, against Commission of the European
in Case T-134/02: Miguel Tejada Fernández v Commission                     Communities (Agents: F. Clotuche-Duvieusart and A. Dal
                of the European Communities ( 1)                           Ferro) — application for annulment of the decision of
                                                                           28 September 2000 by which the authority empowered to
                                                                           conclude contracts of employment rejected the complaint
(Officials — Promotion — Consideration of comparative                      lodged by the applicant seeking a declaration that the employ-
                 merits — Action for annulment)                            ment relationship which bound her to the Commission was a
                                                                           relationship of indefinite period under a contract as a member
                                                                           of the temporary staff pursuant to Article 2(d) of the Con-
                           (2003/C 135/44)                                 ditions of Employment of other Servants, renewed on more
                                                                           than one occasion with the effects referred to in the last
                                                                           paragraph of Article 8 of those conditions — the Court of First
                    (Language of the case: French)                         Instance (Fifth Chamber), composed of R. García-Valdecasas,
                                                                           President of the Chamber, P. Lindh and J.D. Cooke, Judges;
                                                                           H. Jung, Registrar, made an order on 1 April 2003, the
                                                                           operative part of which is as follows:
In Case T-134/02: Miguel Tejada Fernández, an official of
the Commission of the European Communities, residing in                    1.    The action is dismissed as inadmissible.
Woluwé-Saint-Étienne (Belgium), represented by L. Vogel,
                                                                           2.    The parties are to bear their own costs.
lawyer, with an address for service in Luxembourg, against
Commission of the European Communities (Agent: C. Berar-
dis-Kayser) — application for annulment of the decision of the             (1 ) OJ 2001 C 95.
Commission not to promote the applicant to Grade B 2 in the
2001 promotions procedure — the Court of First Instance