CELEX: C1997/357/53
Language: en
Date: 1997-11-22 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 29 September 1997 in Case T-83/97: Société Anonyme de Traverses en Béton Armé (Sateba) v. Commission of the European Communities (Public procurement - Complaint - Proceedings for a declaration of failure to fulfil obligations - Decision not to proceed - Application for annulment - Inadmissibility)

22 . 11 . 97          EN 1               Official Journal of the European Communities                                    C 357/27
thereof to the peoples of Georgia and Armenia and                   3 . The parties are ordered to bear their own costs.
for annulment of the Commission's refusal to grant
compensation — the Court of First Instance (Third                   (') OJ C 54, 22 . 2 . 1997.
Chamber), composed of B. Vesterdorf, President, C. P.
Briet and A. Potocki, Judges; H. Jung, Registrar, made an
order on 18 July 1997, the operative part of which is as
follows :
1 . The application is dismissed as clearly inadmissibile.               ORDER OF THE COURT OF FIRST INSTANCE
                                                                                            of 17 September 1997
2. The applicant shall bear the costs.                              in Case T-26/97: Antillean Rice Mills NV v. Commission
                                                                                   of the European Communities (')
H OJ C 180, 22 . 6 . 1996 .                                         (Action for annulment — Retroactive repeal of the
                                                                            contested measure — No need to adjudicate)
                                                                                                 ( 97/C 357/52 )
                                                                                      (Language of the case: Dutch)
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                    In Case T-26/97, Antillean Rice Mills NV, established
                      of 3 October 1997                             in Bonaire, Netherlands Antilles, represented by W.
                                                                    Knibbeler, of the Amsterdam Bar, and K. J. Defares, of the
in Case T-184/96 : Eric Banda v. Commission of the
                                                                    Rotterdam Bar, with an address for service in Luxembourg
                   European Communities (')                         at the Chambers of M. Loesch, 11 Rue Goethe, against
     (Case not proceeding to judgment — Inadmissibility)            Commission of the European Communities ( Agent: T. van
                                                                    Rijn ) — application for annulment of Commission
                         ( 97/C 357/51 )                            Regulation ( EC ) No 21 /97 of 8 January 1997 introducing
                                                                    safeguard measures in respect of imports of rice
                 (Language of the case: French)                     originating in the overseas countries and territories ( OJ
                                                                    L 5, 9 . 1 . 1997, p. 24 ) — the Court of First Instance
                                                                    ( Fourth Chamber ), composed of K. Lenaerts, President,P.
In Case T-184/96: Eric Banda, a member of the local staff           Lindh and J. D. Cooke, Judges; H. Jung, Registrar, made
of the Commission of the European Communities,                      an order on 17 September 1997, the operative part of
represented by Marc-Albert Lucas, of the Liege Bar, with            which is as follows :
an address for service in Luxembourg at the Chambers of
Evelyne Korn, 21 Rue de Nassau, v. Commission of the                 1 . There is no need to adjudicate on the application.
European Communities (Agents: Florence Clotuche and
Christine Berardis-Kayser) — application, primarily, for
annulment of the Commission's decision by which it                  2 . The parties shall each bear their own costs, including
decided to invalidate the regional elections held amongst                those relating to the application for interim measures.
the local staff serving within Geographical Region No 11
 between 5 and 20 December 1994 and to reorganize the               (') OJ C 108 , 5 . 4 . 1997.
same and, in the alternative, for annulment of the
 Commission rules of 8 March 1990 entitled 'Transitional
Arrangements for the Representation of Staff Serving
 Outside the Community' and annulment of the regional
elections held amongst the local staff serving in
 Geographical Region No 11 between 4 and 15 November                     ORDER OF THE COURT OF FIRST INSTANCE
 1996 — the Court of First Instance ( Second Chamber),                                      of 29 September 1997
composed of A. Kalogeropoulos, President, and C. P. Briet
 and C. W. Bellamy, Judges; H. Jung, Registrar, made an             in Case T-83/97: Société Anonyme de Traverses en Béton
 order on 3 October 1997, the operative part of which is                   Armé ( Sateba) v. Commission of the European
 as follows :                                                                                  Communities (M
                                                                     (Public procurement — Complaint — Proceedings for a
 1 . There is no need to give a decision on the application          declaration of failure to fulfil obligations — Decision not
      made by the applicant, as a candidate therein, for             to proceed — Application for annulment —
      annulment of the Commission 's decision invalidating                                      Inadmissibility)
      the elections held between 5 and 20 December 1994                                           ( 97/C 357/53 )
      amongst the local staff serving in Geographical Region
      No 1 1 and ordering the same to be reorganized.                                 (Language of the case: French)
 2 . The remainder of the application is dismissed as                In Case T-83/97: Société Anonyme de Traverses en Béton
      inadmissible.                                                  Armé ( Sateba ), established in Paris, represented by Jacques
 ---pagebreak--- C 357/28                 EN                 Official Journal of the European Communities                                22 . 11 . 97
Manseau, of the Paris Bar, with an address for service in              Ms Jouhki the opportunity to take part in open
Luxembourg at the Chambers of Ernest Arendt, 8—10                      competition COM/B/973 .
Rue Mathias Hardt, against Commission of the European
Communities ( Agent: Hendrik van Lier) — application for
annulment of the Commission decision, notified to the                  Since Ms Jouhki satisfied the requirements in the notice of
applicant by letter dated 20 January 1997, not to proceed              competition for taking part in the competition, and since
with the complaint lodged by the applicant against the                 her taking part was nevertheless refused with no
Belgian National Railway Company ( SNCB ) for failing to               substantial grounds, the selection board's refusal is
comply with Community law in awarding a contract for                   erroneous as being unfounded. The decision made in
the supply of concrete sleepers for use on high-speed train            response to Ms Jouhki's demand for her application to be
lines — the Court of First Instance ( First Chamber ),                 reconsidered by the selection board is likewise erroneous,
                                                                       inasmuch as the earlier erroneous decision was not
composed of A. Saggio, President, V. Tiili and R. M.                   corrected .
Moura Ramos, Judges; H. Jung, Registrar, has made an
order on 29 September 1997, the operative part of which
is as follows :                                                        The time-limit under Article 90 of the Staff Regulations
                                                                       for replying to Ms Jouhki's complaint expired on 17 April
1 . The application is dismissed as inadmissible.                      1997 .
2 . There is no need to rule on the application for leave to           Ms Jouhki 's complaint was not responded to within the
     intervene .
                                                                       time-limit. The EU administration informed her, however,
                                                                       that a reply to her complaint was still being prepared and
3 . The applicant is ordered to pay the costs.                         that the complaint would be dealt with on 17 July 1997,
                                                                       that is, the same day on which the time-limit for an
(') OJ C 166 , 31 . 5 . 1997.                                          application by Ms Jouhki to the Court of First Instance
                                                                       expired.
                                                                       On the above grounds, Ms Jouhki has an interest in
                                                                       bringing proceedings, in that her complaint was rejected
                                                                       or that it was not decided by 17 July 1997 at the latest.
Action brought on 14 July 1997 by Sari Kristiina Jouhki
   against the Commission of the European Communities
                          ( Case T-215/97)
                            ( 97/C 357/54 )
                 (Language of the case: Finnish)                       Action brought on 5 August 1997 by New Europe
                                                                       Consulting Ltd and M. P. Brown against the Commission
An action against the Commission of the European                                      of the European Communities
Communities was brought before the Court of First                                            ( Case T-231/97)
Instance of the European Communities on 14 July 1997
by Sari Kristiina Jouhki, of Pyhajarvi, Finland, represented                                   ( 97/C 357/55 )
by Harri Ojala, lawyer, of Oulu .
                                                                                      (Language of the case: Dutch)
The applicant claims that the Court should :
                                                                       An action against the Commission of the European
— declare that she was qualified and hence entitled to                 Communities was brought before the Court of First
     take part in open competition COM/B/973 and to be                 Instance of the European Communities on 5 August 1997
     accepted for the post advertised as vacant,                       by New Europe Consulting Ltd and M. P. Brown, of
                                                                       Dublin, represented by A. and B. De Roeck, of the
— declare the competition referred to in point 1 above                 Antwerp Bar.
     null and void and set a new time-limit for taking part
     in the competition, and
                                                                       The applicant claims that the Court should:
— order the European Community to reimburse her costs
     in full together with interest for late payment in                — declare the claims of both applicants admissible and
     accordance with Paragraph 4 ( 3 ) of the Finnish                      well-founded,
     Korkolaki ( Law on interest) to run from one month
     from the date of judgment.
                                                                       — in that regard, order the defendant, the European
                                                                           Commission, to pay             compensation totalling
Pleas in law and main arguments adduced in support:                        ECU 1 400 000, together with compensatory interest
                                                                           thereon from the date of the event giving rise to the
The selection board appointed by Directorate-General IX                    damage, namely 12 April 1995 , and legal interest from
of the Commission ( Personnel and Administration) refused                  the date of the judgment to be delivered in the case,