CELEX: C2000/316/40
Language: en
Date: 2000-11-04 00:00:00
Title: Judgment of the Court of First Instance of 20 September 2000 in Case T-261/97 Eleonore Orthmann v Commission of the European Communities (Officials — Scientific or technical services — Advancement from Category B to Category A — Interest in bringing proceedings)

4.11.2000              EN                     Official Journal of the European Communities                                      C 316/21
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                               of 12 September 2000
                      of 19 September 2000
                                                                         in Case T-259/97: Rui Teixeira Neves against the Court of
                                                                                    Justice of the European Communities (1)
in Case T-252/97: Anton Dürbeck GmbH v Commission
               of the European Communities (1)                           (Officials — Duty to act in good faith and maintain the
                                                                         dignity of the office — Principle of the separation of powers
                                                                         — Freedom of association — Disciplinary measures —
(Bananas — Imports from ACP States and third countries                                                 Sanction)
— Request for additional import licences — Case of hardship
— Transitional measures — Article 30 of Regulation                                                 (2000/C 316/39)
(EEC) No 404/93 — Limitation of damage — Action for
                            annulment)                                                     (Language of the case: Portuguese)
                                                                         In Case T-259/97: Rui Teixeira Neves, represented by Adriano
                         (2000/C 316/38)                                 Encarnação, of the Oporto Bar, with an address for service in
                                                                         Luxembourg at the applicant’s address, 100 Rue de Steinsel,
                                                                         L-7254 Bereldange, against the Court of Justice of the European
                                                                         Communities (Agents: Initially T. Millett, subsequently
                   (Language of the case: German)                        M. Schauss and F. Ferreira Pinto) — first, an action for
                                                                         annulment of the decision of the Court of Justice of 20 January
                                                                         1997 imposing on the applicant the disciplinary sanction of
In Case T-252/97: Anton Dürbeck GmbH, established in                     relegation in step and, secondly, an action for damages seeking
Frankfurt am Main (Germany), G. Meier, Rechtsanwalt, Colog-              an order against the defendant requiring it to make good the
ne, Berrenrather Straße 313, Cologne (Germany) v Com-                    non-material damage allegedly suffered as a result of that
mission of the European Communities (Agents: K.-D. Bor-                  decision — the Court of First Instance (Fourth Chamber),
chardt and H. van Vliet), supported by Kingdom of Spain                  composed of V. Tiili, President, R.M. Moura Ramos and
(Agent: R. Silva de Lapuerta) and by French Republic (Agents:            P. Mengozzi, Judges; H. Jung, Registrar, gave a judgment on
K. Rispal-Bellanger and C. Vasak) — application for partial              12 September 2000, in which it:
annulment of the Commission decision of 10 July 1997 on                  1.    dismisses the application.
the adoption of transitional measures in favour of the applicant
within the framework of the common organisation of the                   2.    orders each party to bear its own costs.
market in bananas — the Court of First Instance (Fifth
Chamber), composed of: R. Garcı́a-Valdecasas, President,
P. Lindh and J.D. Cooke, Judges; G. Herzig, Administrator, for           (1) OJ 1997 C 357.
the Registrar, has given a judgment on 19 September 2000, in
which it:
1.    Dismisses the application;
                                                                             JUDGMENT OF THE COURT OF FIRST INSTANCE
2.    Orders the applicant to bear its own costs and pay those                                 of 20 September 2000
      incurred by the Commission;
                                                                         in Case T-261/97 Eleonore Orthmann v Commission of
                                                                                          the European Communities (1)
3.    Orders the Kingdom of Spain and the French Republic to bear
      their own costs.                                                   (Officials — Scientific or technical services — Advancement
                                                                         from Category B to Category A — Interest in bringing
                                                                                                     proceedings)
(1) OJ C 357 of 22.11.97.
                                                                                                   (2000/C 316/40)
                                                                                             (Language of the case: Italian)
                                                                         In Case T-261/97: Eleonore Orthmann, an official of the
                                                                         Commission of the European Communities, posted to the
 ---pagebreak--- C 316/22               EN                       Official Journal of the European Communities                                        4.11.2000
Institute of the Environment at the Joint Research Centre                  owing to the absence of a staff report for the period 1993-
in Ispra (Italy), residing in Bodio-Lomnago, Varese (Italy),               1995 during the 1996 promotion procedure — the Court of
represented by G. Marchesini, a lawyer practising before the               First Instance, composed of B. Vesterdorf, President, and
Court of Cassation of the Italian Republic, with an address for            M. Vilaras and N. Forwood, Judges: H. Jung, Registrar, has
service in Luxembourg at the Chambers of E. Arendt, 8-10                   delivered a judgment on 19 September 2000 in which it:
Rue Mathias Hardt, against Commission of the European
Communities (Agents: G. Valsesia and A. dal Ferro) — appli-
                                                                           1.    Dismisses as inadmissible the claim for damages for pecuniary
cation for annulment of the Commission decision rejecting the
                                                                                 harm in Case T-200/98;
applicant’s candidature for a Grade A post with the Institute of
the Environment at the Joint Research Centre, Ispra, the
annulment of the procedure calling for a show of interest used             2.    Orders the Council, in Case T-200/98, to pay the applicant
by the Commission to fill a temporary post at that Institute                     the sum of BEF 70 000 by way of compensation for the non-
and, in the alternative, annulment of the appointment of the                     pecuniary harm sustained by her;
candidate accepted chosen that procedure — the Court of First
Instance (Fourth Chamber), composed of V. Tiili, President,
and R.M. Moura Ramos and P. Mengozzi, Judges; G. Herzig,                   3.    Dismisses the application for annulment in Case T-101/98;
Administrator, for the Registrar, has given a judgment on
20 September 2000 in which it:                                             4.    Orders the Council to bear its own costs and to pay one half of
                                                                                 those incurred by the applicant in Case T-200/98. The parties
1.    Dismisses the appeal;                                                      are to bear their own costs in Case T-101/98.
2.    Orders the parties to bear their own costs.
                                                                           (1) OJ C 278, 5.9.98 and C 86, 27.3.99.
(1) OJ C 370, 6.12.1997.
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                      of 13 September 2000
                     of 19 September 2000                                  in Case T-20/99: Denkavit Nederland BV v Commission
                                                                                           of the European Communities (1)
in Joined Cases T-101/98 and T-200/98 Gisela Stodtmei-
          ster v Council of the European Union (1)                         (Decision 94/90/ECSC, EC, Euratom — Public access to
                                                                           Commission documents — Inspection report — Exceptions
                                                                           relating to protection of the public interest (inspections and
(Officials — Refusal of promotion — Action for annulment                              investigations) and of commercial secrecy)
   — Absence of staff report — Action for compensation)
                                                                                                     (2000/C 316/42)
                          (2000/C 316/41)
                                                                                               (Language of the case: Dutch)
                   (Language of the case: French)
                                                                           In Case T-20/99: Denkavit Nederland BV, established at
In Joined Cases T-101/98 and T-200/98: Gisela Stodtmeister,                Voorthuizen, Netherlands, represented by E.A. Buys, of the
an official of the Council of the European Union, residing in              Arnhem Bar, v Commission of the European Communities
Tervuren (Belgium), represented by G. Vandersanden and                     (Agents: P. van Nuffel, U. Wölker and W. Wils) — application
L. Levi, of the Brussels Bar, with an address for service in               for annulment of the Commission decision of 17 November
Luxembourg at Société de Gestion Fiduciaire SARL, 2-4 Rue                  1998 refusing to grant the applicant access to a report
Beck, against Council of the European Union (Agents: M. Bauer              concerning measures taken to combat swine fever in the
and M.-G. Lalande) — application for annulment of the                      Netherlands — the Court of First Instance (First Chamber),
decision of the Council not to promote the applicant to                    composed of B. Vesterdorf, President, M. Vilaras and
Grade A 3 during the 1997 promotion procedure and, second,                 N. Forwood, Judges; H. Jung, Registrar, gave a judgment on
damages for the harm allegedly sustained by the applicant                  13 September 2000, in which it: