CELEX: C2001/259/19
Language: en
Date: 2001-09-15 00:00:00
Title: Order of the Court of First Instance of 2 May 2001 in Case T-208/00: Jeremías Augusto Barleycorn Mongolue and Marc Boixader Rivas against the Council of the European Union and the European Parliament (Officials — Application for annulment — Conditions of admission to a competition — Spanish technical engineers — Type of university qualification required — Inadmissibility)

15.9.2001              EN                       Official Journal of the European Communities                                          C 259/11
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                Industriale Romagnola SpA), whose registered office is at
                                                                           Cesena (Italy), represented by B. O’Connor, solicitor, and
                          of 30 May 2001                                   I. Vigliotti and P. Crocetta, lawyers, with an address for service
                                                                           in Luxembourg, supported by Comité Européen des Fabricants
in Case T-348/00: Artin Barth v Commission of the                          de Sucre, established in Brussels, represented by B. Garcı́a
                   European Communities (1)                                Porras, lawyer, with an address for service in Luxembourg,
                                                                           against Council of the European Union (Agents: I. Diez Parra
(Officials — Household allowance — Recovery of sums                        and J.-P. Hix), supported by Commission of the European
                              overpaid)                                    Communities (Agent: P. Ziotti) — application for, first,
                                                                           annulment of Council Regulation (EC) No 1580/96 of 30 July
                          (2001/C 259/17)                                  1996 fixing, for the 1996/97 marketing year, the derived
                                                                           intervention prices for white sugar, the intervention price for
                   (Language of the case: Dutch)                           raw sugar, the minimum prices for A and B beet, and the
                                                                           amount of compensation for storage costs (OJ 1996 L 206,
In Case T-348/00: Artin Barth, former official of the Com-                 p. 9), and a finding that certain provisions of Council
mission of the European Communities, residing in Lenzkirch                 Regulation (EEC) No 1785/81 of 30 June 1981 on the
(Germany), represented by E.J.H. Moons and J. Vercammen,                   common organization of the markets in the sugar sector (OJ
lawyers, with an address for service in Luxembourg, against                1981 L 177, p. 4) are inapplicable, as amended by Council
Commission of the European Communities (Agents: J. Currall                 Regulation (EC) No 1101/95 of 24 April 1995 (OJ 1995
and W. Wils) — application for annulment of the decision of                L 110, p. 1) and, secondly, a claim for compensation to make
the Commission of 17 August 2000 withdrawing, with effect                  good the damage allegedly suffered by the applicants —
from 1 October 1998, the household allowance of which the                  the Court of First Instance (First Chamber), composed of
applicant had been in receipt until then and recovery of sums              B. Vesterdorf, President, M. Vilaras and N.J. Forwood, Judges;
overpaid by virtue of that allowance during the period running             H. Jung, Registrar, made an order on 11 May 2001, the
from 1 October 1998 to 28 February 2000 — the Court of                     operative part of which is as follows:
First Instance (Single Judge: M. Vilaras); Blanca Pastor, Principal
Administrator, for the Registrar, gave a judgment on 30 May                1.    The application is dismissed as manifestly inadmissible in so
2001, in which it:                                                               far as it seeks the annulment of Article 1 (f) of Regulation
                                                                                 No 1580/96.
1.    Dismisses the application.
                                                                           2.    The application is dismissed as manifestly lacking any foun-
2.    Orders the parties to bear their own costs.                                dation in law inasmuch as it seeks an order requiring the
                                                                                 Council to make good the damage allegedly caused to the
(1) OJ C 45 of 10.2.01.                                                          applicants by the adoption and application of Regulation
                                                                                 No 1580/96, cited above.
                                                                           3.    The applicants shall bear their own costs and pay those incurred
                                                                                 by the Council.
       ORDER OF THE COURT OF FIRST INSTANCE                                4.    The Commission and the Comité Européen des Fabricants de
                                                                                 Sucre shall bear their own costs.
                          of 11 May 2001
in Case T-178/96: Eridania SpA and Others v Council of                     (1) OJ 1997 C 54.
                     the European Union (1)
(Sugar — System of prices — Regionalisation — Deficit
areas — Classification of Italy — Marketing year 1996 —
1997 — Regulations No 1580/96 and No 1785/81 —                                   ORDER OF THE COURT OF FIRST INSTANCE
Action for annulment — Manifest inadmissibility — Claim
    for damages manifestly lacking any foundation in law)                                             of 2 May 2001
                          (2001/C 259/18)                                  in Case T-208/00: Jeremı́as Augusto Barleycorn Mongolue
                                                                           and Marc Boixader Rivas against the Council of the
                   (Language of the case: Italian)                               European Union and the European Parliament (1)
In Case T-178/96: Società Eridiana SpA, whose registered                   (Officials — Application for annulment — Conditions of
office is at Genoa (Italy), Società ISI (Industria Saccarifera             admission to a competition — Spanish technical engineers —
Italiana Agroindustriale SpA), whose registered office is at               Type of university qualification required — Inadmissibility)
Padua (Italy), Società Sadam Zuccherifici, a division of S.E.C.I.
(Società Esercizi Commerciali Industriali SpA), whose regis-                                         (2001/C 259/19)
tered office is at Bologna (Italy), Società Sadam Castiglionese
SpA, whose registered office is at Bologna (Italy), Società                                   (Language of the case: Spanish)
Sadam Abruzzo SpA, whose registered office is at Bologna
(Italy), Società Zuccherificio del Molise SpA, whose registered            In Case T-208/00, Jeremı́as Augusto Barleycorn Mongolue and
office is at Termoli (Italy), Società S.F.I.R. (Società Fondiaria          Marc Boixader Rivas residing in Madrid, represented by
 ---pagebreak--- C 259/12                EN                      Official Journal of the European Communities                                      15.9.2001
D. López Garido, lawyer, with an address for service in                   ORDER OF THE PRESIDENT OF THE COURT OF FIRST
Luxembourg against the Council of the European Union                                                    INSTANCE
(Agents: F. Anton and G. Ramos Ruano) and the European
Parliament (Agents: M. Gómez Leal and F. de Wachter) —                                              of 8 May 2001
application for annulment of the guide for candidates and the
notice of competition aimed at drawing up reserve lists for
Spanish-language adminstrators and Spanish-language assist-                in Case T-95/01 R: Gérard Coget and Others v Court of
ant administrators (EUR/A/159/2000 and PE/90/A — the                                  Auditors of the European Communities
Court of First Instance (Second Chamber), composed of
A.W.H. Meij (President), A. Potocki and J. Pirrung, Judges;                (Applications for interim measures — Officials — Internal
H. Jung, Registrar, made an order on 2 May 2001, the operative                              competition — Admissibility)
part of which is as follows:
                                                                                                    (2001/C 259/21)
1.    The application is dismissed as inadmissible;
2.    The parties shall bear their own costs, including costs relating                        (Language of the case: French)
      to proceedings on the application for interim measures.
                                                                           In Case T-95/01 R: Gérard Coget, an official of the Court of
                                                                           Auditors of the European Communities, Hettange-Grande,
(1) OJ C 316 of 4.11.00.                                                   France, Pierre Hugé, an official of the Court of Auditors of the
                                                                           European Communities, residing in Bonnevoie, Grand Duchy
                                                                           of Luxembourg, and Emmanuel Gabolde, an official of the
                                                                           Court of Auditors of the European Communities, residing in
                                                                           Metz, France, represented by André Soulier, lawyer, against
                                                                           Court of Auditors of the European Communities — application
                                                                           for suspension of operation of the decision of the Court of
                                                                           Auditors of 22 February 2001 filling, with effect from 1 July
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                               2001, the post of Secretary General — the President of the
                              INSTANCE                                     Court of First Instance made an order on 8 May 2001, the
                                                                           operative part of which is as follows:
                          of 21 May 2001
                                                                           1.   The application for interim measures is dismissed as inadmis-
                                                                                sible.
in Case T-52/01 R: Jürgen Schaefer v the Commission of
                  the European Communities                                 2.   The costs are reserved.
(Applications for interim measures — Officials — Reassign-
    ment — Admissibility — Prima facie case — Urgency)
                          (2001/C 259/20)
                                                                           Action brought on 12 June 2001 by Jörg Riedemann,
                                                                           Rechtsanwalt, as liquidator of ZEMAG GmbH, against the
                                                                                   Commission of the European Communities
                   (Language of the case: Spanish)
                                                                                                    (Case T-133/01)
In Case T-52/01 R: Jürgen Schaefer, an official of the Com-
mission of the European Communities, represented by
                                                                                                    (2001/C 259/22)
J. R. Iturriagagoitia, lawyer, against Commission of the Euro-
pean Communities (Agents: J. Currall and E. Gippini-Fournier)
— application for first, suspension of operation of the decision
                                                                                             (Language of the case: German)
of the Commission of 12 February 2001 transferring the
applicant to Brussels and, secondly, suspension of any pro-
cedure initiated with a view to filling the vacancy arising from           An action against the Commission of the European Communi-
the order transferring the applicant — the President of the                ties was brought before the Court of First Instance of the
Court of First Instance made an order on 21 May 2001, the                  European Communities on 12 June 2001 by Jörg Riedemann,
operative part of which is as follows:                                     Rechtsanwalt, as liquidator of ZEMAG GmbH, Zeitz, Germany,
                                                                           represented by Ulrich Vahlhaus, Rechtsanwalt.
1.    The application for interim measures is dismissed.
                                                                           The applicant claims that the Court should annul Commission
2.    The costs are reserved.
                                                                           decision K(2201)1028 of 28 March 2001 on state aid granted
                                                                           by Germany to EFBE Verwaltungs GmbH & Co Management
                                                                           KG (now Lintra Beteiligungs Holdings GmbH, together with