CELEX: C1998/312/28
Language: en
Date: 1998-10-10 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 July 1998 in Case T-72/97: Proderec - Formação e Desinvolvimento de Recursos Humanos, ACE v. Commission of the European Communities (European Social Fund - Decision to reduce two financial aids - Action for annulment - Admissibility - Certification of factual and accounting accuracy - Lack of competence of the national body - Statement of reasons - Rights of the defence)

C 312/10             EN                  Official Journal of the European Communities                                  10.10.98
                                                   COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                       of 21 July 1998                                                     of 16 July 1998
                                                                    in Case T-93/96 Catherine Presle v. European Centre for
in Joined Cases T-66/96 and T-221/97: John Mellett v.
                                                                             the Development of Vocational Training (1)
     Court of Justice of the European Communities (1)
                                                                    (Officials Ð Change of posting Ð Obligation to state
(Officials Ð Admissibility Ð Establishment Ð Legitimate             reasons Ð Principle of protection of legitimate
              expectations Ð Equal treatment)                                       expectations Ð Duty of care)
                        (98/C 312/26)                                                        (98/C 312/27)
                                                                                  (Language of the case: German)
               (Language of the case: English)
                                                                    In Case T-93/96 Catherine Presle, an official of the
                                                                    European Centre for the Development of Vocational
                                                                    Training, residing in Berlin, represented by Frank Montag,
In Joined Cases T-66/96 and T-221/97: John Mellett, a               of the Brussels Bar, with an address for service in
member of the temporary staff at the Court of Justice of            Luxembourg at the Chambers of Aloyse May, 31 Grand-
the European Communities, residing at 61 Rue des                    rue, against European Centre for the Development of
Maraîchers, Plateau du Kirchberg, Luxembourg,                       Vocational Training (Agent: Bertrand Wägenbaur) Ð
represented by Brendan O'Donovan, Solicitor, and Conor              application for annulment of the decision of the European
Quigley, Barrister, with an address for service in                  Centre for the Development of Vocational Training of
Luxembourg at the aforementioned address, against Court             22 May 1996 transferring the applicant to Thessalonika
of Justice of the European Communities (Agent: Timothy              (Greece) as from 1 July 1996 Ð the Court (Fifth
Millett) Ð application, in Case T-66/96, for annulment of           Chamber), composed of: J. Azizi, President, and R.
the decision of the Court of Justice of the European                García-Valdecasas and M. Jaeger, Judges; H. Jung,
Communities of 14 June 1995 and, in Case T-221/97, for              Registrar, gave a judgment on 16 July 1998, the operative
annulment of the decisions of the President of the Court            part of which is as follows:
of Justice of 17 October 1996 and 4 December 1996 not
to commence the procedure leading to the establishment
of the applicant as a permanent official Ð the Court of             1. The application is dismissed.
First Instance (Fifth Chamber), composed of: J. Azizi,
President, R. García-Valdecasas and M. Jaeger, Judges; A.           2. Each of the parties shall bear their own costs,
Mair, Administrator, for the Registrar, has given a                     including those incurred in the interim proceedings.
judgment on 21 July 1998, in which it:
                                                                    (1) OJ C 233, 10.8.1996.
1. joins Cases T-66/96 and T-221/97 for the purposes of
    the judgment;
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
2. annuls the decision of 14 June 1995 of the
    Administrative Committee of the Court of Justice, as it                                of 16 July 1998
    is apparent from point 4 of the minutes, and the                in Case T-72/97: Proderec Ð FormacËaÄo e Desinvolvi-
    decisions of the President of the Court of Justice of           mento de Recursos Humanos, ACE v. Commission of the
    17 October 1996 and 4 December 1996 not to                                        European Communities (1)
    commence the procedure which could have led to the
    establishment of the applicant as a permanent official;         (European Social Fund Ð Decision to reduce two financial
                                                                    aids Ð Action for annulment Ð Admissibility Ð
                                                                    Certification of factual and accounting accuracy Ð Lack
                                                                    of competence of the national body Ð Statement of
3. orders the Court of Justice to pay the costs in Case                           reasons Ð Rights of the defence)
    T-66/96 and in Case T-221/97.
                                                                                             (98/C 312/28)
(1) OJ C 233, 10.8.1996 and C 331, 1.11.1997.                                    (Language of the case: Portuguese)
                                                                    In Case T-72/97: Proderec FormacËaÄo e Desinvolvimento
                                                                    de Recursos Humanos, ACE, established in Almada
 ---pagebreak--- 10.10.98             EN                Official Journal of the European Communities                                  C 312/11
(Portugal), represented by Manuel Rodrigues, of the                    ORDER OF THE COURT OF FIRST INSTANCE
Lisbon Bar, v. Commission of the European Communities                                    of 16 July 1998
(Agents: Maria Teresa Figueira and Knut Simonsson) Ð
application for the annulment of Commission Decisions             in Case T-274/97: Ca'Pasta Srl v. Commission of the
C(96) 2554 and C(96) 2555 of 9 December 1996 reducing                               European Communities (1)
two Community aids granted by the European Social Fund
                                                                  (Regulation (EEC) No 4028/86 Ð Common fisheries
Ð the Court (Fourth Chamber), composed of: P. Lindh,
                                                                  policy Ð Community financial assistance Ð Procedure for
President, K. Lenaerts and J. D. Cooke, Judges; B. Pastor,
                                                                  cancelling the assistance Ð Action for annulment Ð
Principal Administrator, for the Registrar, has given a
                                                                                         Inadmissibility)
judgment on 16 July 1998, in which it:
                                                                                          (98/C 312/30)
1. dismisses the action;
                                                                                  (Language of the case: Italian)
2. orders the applicant to pay the costs.
                                                                  In Case T-274/97: Ca'Pasta Srl, represented by Paolo Piva,
                                                                  of the Venice Bar, and Guy Arendt, of the Luxembourg
(1) OJ C 166, 31.5.1997.
                                                                  Bar, with an address for service in Luxembourg at the
                                                                  latter's Chambers, 7 Val Sainte-Croix v. Commission of
                                                                  the European Communities (Agents: Hubert van Vliet and
                                                                  Alberto Dal Ferro) Ð application for annulment of a
                                                                  decision allegedly contained in a letter of 4 August 1997
                                                                  sent by the Commission to the applicant Ð the Court of
     ORDER OF THE COURT OF FIRST INSTANCE                         First Instance (Third Chamber), composed of: V. Tiili,
                                                                  President, and C. P. BrieÈt and A. Potocki, Judges; H. Jung,
                       (First Chamber)                            Registrar, made an order on 16 July 1998, the operative
                        of 7 July 1998                            part of which is as follows:
in Case T-178/97 Albano Moncada v. Commission of the
                  European Communities (1)                        1. The action is dismissed as inadmissible.
(Officials Ð Deputising for a hierarchical superior Ð
Action manifestly inadmissible and not well founded in            2. The applicant is ordered to pay the costs.
                              law)
                                                                  (1) OJ C 387, 20.12.1997.
                         (98/C 312/29)
               (Language of the case: French)
In Case T-178/97: Albano Moncada, an official of the
Commission of the European Communities, residing in                    ORDER OF THE COURT OF FIRST INSTANCE
Luxembourg, represented by Jean-NoeÈl Louis, Thierry                                      of 6 July 1998
Demaseure and Ariane Tornel, of the Brussels Bar, with an
address for service in Luxembourg at the offices of               in Case T-286/97: Anthony Goldstein v. Commission of
Fiduciaire Myson SARL, 30 Rue de Cessange, against the                            the European Communities (1)
Commission of the European Communities (Agents:
                                                                  (Action for failure to act Ð Obligation to act Ð None Ð
Christine Berardis-Kayser and Florence Duvieusart-
                                                                        Action manifestly lacking any foundation in law)
Clotuche) Ð application for, first, annulment of the
Commission's decision of 12 August 1996 directing a                                       (98/C 312/31)
colleague in a lower grade than the applicant to deputise
during the absences of his hierarchical superior and,
                                                                                 (Language of the case: English)
second, for damages Ð the Court (First Chamber),
composed of: B. Vesterdorf, President, and R. M. Moura
Ramos and P. Mengozzi, Judges; H. Jung, Registrar, has            In Case T-286/97, Anthony Goldstein, residing in London,
made an order on 7 July 1998 in which it:                         represented by Raymond St John Murphy, Solicitor, 3
                                                                  Kings Bench Walk, Inner Temple, London, against
                                                                  Commission of the European Communities (Agent:
1. dismisses the application;
                                                                  Richard Lyal) Ð application for a finding that the
                                                                  Commission failed to act by failing to take a decision on a
2. orders the parties to bear their own costs.                    complaint (IV/34.824 Ð Goldstein/GMC) against certain
                                                                  anti-competitive practices, lodged by the applicant under
                                                                  Article 3(2) of Council Regulation No 17 of 6 February
(1) OJ C 252, 16.8.1997.
                                                                  1962, First Regulation implementing Articles 85 and 86 of
                                                                  the Treaty (OJ, English Special Edition 1959Ð1962, p. 87)
                                                                  Ð the Court of First Instance (Third Chamber), composed