CELEX: C1999/020/43
Language: en
Date: 1999-01-23 00:00:00
Title: Appeal brought on 1 December 1998 by the Council of the European Union against the judgment delivered on 30 September 1998 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-164/97 between S. Busacca and Others and the Court of Auditors of the European Communities (Case C-434/98 P)

C 20/26              EN                 Official Journal of the European Communities                                23.1.1999
European Investment       Bank,  100    Boulevard     Konrad       Appeal brought on 3 December 1998 (received at the
Adenauer.                                                          Registry of the Court of First Instance on 30 November
                                                                   1998) by Sari Jouhki against the judgment delivered on
                                                                   16 September 1998 by the Fourth Chamber of the Court
The appellant claims that the Court should:
                                                                   of First Instance of the European Communities in Case
                                                                   T-215/97 between Sari Jouhki and the Commission of the
Ð set aside the judgment of the Court    of First Instance of                        European Communities
    30 September 1998 in Case            T-13/97 between
                                                                                        (Case C-435/98 P)
    Antoinette Losch and the Court       of Justice of the
    European Communities, supported      by the Council of                                (1999/C 20/44)
    the European Union and the           Kingdom of the
    Netherlands;
                                                                   An appeal against the judgment delivered on 16 September
Ð in its discretion, make the appropriate order as to the          1998 by the Fourth Chamber of the Court of First
    costs of the proceedings before the Court of Justice.          Instance of the European Communities in Case T-215/97
                                                                   between Sari Jouhki and the Commission of the European
The pleas in law and main arguments are the same as in             Communities was brought before the Court of Justice of
Case C-432/98 P.                                                   the European Communities on 3 December 1998 (received
                                                                   at the Registry of the Court of First Instance on
                                                                   30 November 1998) by Sari Jouhki, represented by Harri
                                                                   Ojala, lawyer, of Ojala & Urpelainen, Isokatu 16 B 16,
                                                                   90100 Oulu, Finland.
Appeal brought on 1 December 1998 by the Council of
                                                                   The appellant claims that the Court should:
the European Union against the judgment delivered on
30 September 1998 by the Fifth Chamber of the Court of
First Instance of the European Communities in Case
T-164/97 between S. Busacca and Others and the Court               Ð set aside the judgment of the Court of First Instance in
         of Auditors of the European Communities                       so far as it dismissed Ms Jouhki's action against the
                                                                       Commission;
                     (Case C-434/98 P)
                       (1999/C 20/43)
                                                                   Ð annul the decision of the selection board for
                                                                       Commission competition COM/B/973 of 5 September
An appeal against the judgment delivered on 30 September
                                                                       1996 not to admit Ms Jouhki to the competition; and
1998 by the Fifth Chamber of the Court of First Instance
of the European Communities in Case T-164/97 between
S. Busacca and Others and the Court of Auditors of the
European Communities was brought before the Court of               Ð declare that Ms Jouhki was entitled to take part in
Justice of the European Communities on 1 December                      competition COM/B/973.
1998 by the Council of the European Union, represented
by Jean-Paul JacqueÂ, Director in its Legal Service, and
Diego Canga Fano and TheÂreÁse Blanchet, of its Legal              The appellant also asks the Court of Justice to rule on
Service, with an address for service in Luxembourg at the          costs in accordance with its Rules of Procedure.
Office of Alessandro Morbilli, Director-General of the
Legal Affairs Directorate of the European Investment
Bank, 100 Boulevard Konrad Adenauer.                               Pleas in law and main arguments adduced in support:
The appellant claims that the Court should:
                                                                   The selection board for the competition was bound by the
Ð set aside the judgment of the Court of First Instance of         wording of the competition notice as published.
    30 September 1998 in Case T-164/97 between Silvio
    Busacca and Others and the Court of Auditors of the
    European Communities;                                          The decision of the Court of First Instance breaches
                                                                   Community law, in that the selection board for the
                                                                   competition was bound by the wording of the competition
Ð in its discretion, make the appropriate order as to the
                                                                   notice as published.
    costs of the proceedings before the Court of Justice.
The pleas in law and main arguments are the same as in             The selection board was obliged to take account of all the
Case C-432/98 P.                                                   certificates which Ms Jouhki produced before the
                                                                   time-limit fixed in the notice of competition for making
                                                                   applications.