CELEX: C1998/234/52
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 11 June 1998 in Case T-167/97: Kyriakos Skrikas v European Parliament (Officials - Decision not to promote an official - Action for annulment - Admissibility - Act adversely affecting an official - Consideration of the comparative merits - Interinstitutional transfer - Article 45(1) of the Staff Regulations)

C 234/26               EN                 Official Journal of the European Communities                                   25.7.98
     would have been entitled if he had been reinstated on           2. Orders the applicants to pay the costs.
     1 January 1995 and the rights to which he is in fact
     entitled;                                                       (1) OJ C 94 of 22.3.1997.
7. Orders that the sums due under point 6 above are to
     bear interest at the rate of 4.5 % from the date of their
     becoming payable;
8. Orders, before ruling on the amount of the                             ORDER OF THE COURT OF FIRST INSTANCE
     compensation payable by the defendant to the                                           of 4 May 1998
     applicant:
                                                                     in Case T-84/97: Bureau EuropeÂen des Unions de
     a) that the parties are to submit to the Court, within          Consommateurs (BEUC) v Commission of the European
         three months after delivery of the present                                         Communities (1)
         judgment, the terms agreed by them in relation,             (Anti-dumping procedure Ð Interested party Ð Refusal Ð
         first, to the quantified amount of compensation             Action for annulment Ð Confirmatory act Ð Time-limit
         thus payable to the applicant and, second, in                                     Ð Inadmissibility)
         respect of the re-establishment of his pension
                                                                                             (98/C 234/51)
         rights and the interest due in that regard;
                                                                                    (Language of the case: English)
         and
     b) that, in the absence of such agreement, the parties          In Case T-84/97: Bureau EuropeÂen des Unions de
         are to send to the Court, within the same time-             Consommateurs (BEUC), established in Brussels,
         limit, their quantified submissions, stating the            represented by Bernard O'Connor, Solicitor, assisted by
         precise reasons for which they are unable to accept         Bonifacio García Porras, of the Salamanca Bar, with an
         the proposals made by the other party;                      address for service in Luxembourg at the Chambers of
                                                                     ArseÁne Kronshagen, 22 Avenue Marie-Adelaïde, against
9. Orders the Parliament to pay the costs.                           Commission of the European Communities (Agent:
                                                                     Nicholas Khan) Ð application for annulment of the
(1) OJ C 54 of 22.2.1997.                                            Commission's decision of 3 February 1997 refusing to
                                                                     consider the applicant an interested party in the context of
                                                                     an anti-dumping procedure concerning imports of
                                                                     unbleached cotton fabrics originating in the People's
                                                                     Republic of China, Egypt, India, Indonesia, Pakistan and
                                                                     Turkey Ð the Court of First Instance (Fourth Chamber,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                            Extended Composition), composed of: P. Lindh, President,
                                                                     R. García-Valdecasas, K. Lenaerts, J. D. Cooke and M.
                        of 9 June 1998                               Jaeger, Judges; H. Jung, Registrar, made an order on
in Joined Cases T-10/97 and T-11/97: Unifrigo Gadus Srl              4 May 1998, the operative part of which is as follows:
and CPL Imperial 2 SpA v Commission of the European
                        Communities (1)                              1. The application is dismissed as inadmissible.
(Post-clearance recovery of customs duties Ð Regulation              2. The applicant is ordered to pay the costs.
   (EEC) No 1697/79 Ð Regulation (EEC) No 2454/93)
                         (98/C 234/50)                               (1) OJ C 181 of 14.6.1997.
                 (Language of the case: Italian)
In Joined Cases T-10/97 and T-11/97: Unifrigo Gadus Srl,
established at Naples (Italy), and CPL Imperial 2 SpA,
established at Pescara (Italy), represented by Giuseppe                JUDGMENT OF THE COURT OF FIRST INSTANCE
Celona, of the Milan Bar, with an address for service in                                    of 11 June 1998
Luxembourg at the Chambers of Georges Margue, 20 Rue
                                                                     in   Case    T-167/97:     Kyriakos Skrikas    v   European
Philippe II, v Commission of the European Communities
                                                                                             Parliament (1)
(Agents: initially, Fernando Castillo de la Torre and Paolo
Stancanelli and, subsequently, Mr Stancanelli) Ð                     (Officials Ð Decision not to promote an official Ð Action
application for annulment of Commission Decision C(96)               for annulment Ð Admissibility Ð Act adversely affecting
2780 def of 8 October 1996 ordering the post-clearance               an official Ð Consideration of the comparative merits Ð
recovery of customs duties and for compensation for the              Interinstitutional transfer Ð Article 45(1) of the Staff
damage allegedly suffered by the applicants Ð the Court                                        Regulations)
of First Instance (Third Chamber), composed of: V. Tiili,                                    (98/C 234/52)
President, and C. P. BrieÈt and A. Potocki, Judges; J.
Palacio GonzaÂlez, Administrator, for the Registrar, has                            (Language of the case: French)
given a judgment on 9 June 1998, in which it:
                                                                     In Case T-167/97: Kyriakos Skrikas, an official of the
1. Dismisses the applications;                                       European Parliament, residing in Luxembourg, represented
 ---pagebreak--- 25.7.98               EN                Official Journal of the European Communities                                 C 234/27
by Jean-NoeÈl Louis, Thierry Demaseure and Ariane                  1. Dismisses the application as unfounded;
Tornel, of the Brussels Bar, with an address for service in
Luxembourg at the offices of Fiduciaire Myson SaÁrl, 30            2. Orders the parties to bear their own costs.
Rue de Cessange, v European Parliament (Agent: Yannis
Pantalis) Ð application for annulment of the decision of           (1) OJ C 252 of 16.8.1997.
the European Parliament not to promote the applicant to
grade C 3 in the course of the 1996 promotion procedure
Ð the Court of First Instance (Fourth Chamber),
composed of: P. Lindh, President, and K. Lenaerts and
J. D. Cooke, Judges; J. Palacio GonzaÂlez, Administrator,
for the Registrar, has given a judgment on 11 June 1998,                ORDER OF THE COURT OF FIRST INSTANCE
in which it:
                                                                                          of 14 May 1998
                                                                   in Case T-262/97: Anthony Goldstein v Commission of
1. Annuls the decision of the Parliament not to promote                            the European Communities (1)
     the applicant to grade C 3 in the course of the 1996                (Action for damages Ð Manifest inadmissibility)
     promotions procedure;
                                                                                           (98/C 234/54)
                                                                                  (Language of the case: English)
2. Orders the Parliament to pay the costs.
                                                                   In Case T-262/97, Anthony Goldstein, residing in London,
( ) OJ C 228 of 26.7.1997.
 1                                                                 represented by Raymond St John Murphy, Solicitor, 3
                                                                   Kings Bench Walk, Inner Temple, London, against
                                                                   Commission of the European Communities (Agent:
                                                                   Richard Lyal) Ð application, in substance, for
                                                                   compensation for the damage alleged to have been caused
                                                                   to the applicant by the Commission's failure to adopt the
                                                                   interim measures he had requested in the context of a
                                                                   complaint against certain anticompetitive practices lodged
   JUDGMENT OF THE COURT OF FIRST INSTANCE                         under Article 3(2) of Council Regulation No 17 of
                       of 9 June 1998                              6 February 1962, First Regulation implementing
                                                                   Articles 85 and 86 of the Treaty (OJ, English Special
in Case T-176/97: Alan Hick v Economic and Social                  Edition 1959Ð1962, p. 87) Ð the Court of First Instance
        Committee of the European Communities (1)                  (Third Chamber), composed of V. Tiili, President, C. P.
                                                                   BrieÈt and A. Potocki, Judges; H. Jung, Registrar, made an
(Officials Ð Promotion Ð Official made available to                order on 14 May 1998, the operative part of which is as
work in the department in which he was previously                  follows:
employed Ð Secondment in the interests of the service Ð
                      Misuse of powers)                            1. The application         is  dismissed    as   manifestly
                        (98/C 234/53)                                   inadmissible.
                                                                   2. The applicant shall pay the costs.
               (Language of the case: French)
                                                                   (1) OJ C 370 of 6.12.1997.
In Case T-176/97: Alan Hick, an official of the Economic
and Social Committee of the European Communities,
represented by Jean-NoeÈl Louis, Thierry Demaseure and
Ariane Tornel, of the Brussels Bar, with an address for                          ORDER OF THE PRESIDENT
service in Luxembourg at the offices of Fiduciaire Myson                    OF THE COURT OF FIRST INSTANCE
SaÁrl, 30 Rue de Cessange, v Economic and Social
Committee of the European Communities (Agents: MoiseÂs                                    of 26 May 1998
Bermejo Garde and Denis Waelbroeck) Ð application for              in Case T-60/98 R: Ecord Consortium for Russian
annulment of Decision No 439/96 A of the Economic and               Cooperation v Commission of the European Communities
Social Committee of 30 September 1996 promoting Mr J.
                                                                   (Interim measures Ð Application for interim measures Ð
to grade A 3 and appointing him Head of the Division for
                                                                             Commission decision rejecting a tender)
social, family, educational and cultural affairs within
Directorate B Ð Consultative work, and of the decision of                                  (98/C 234/55)
the same date rejecting the applicant's application for that
post Ð the Court of First Instance (Fifth Chamber),                               (Language of the case: French)
composed of: J. Azizi, President, and R. García-Valdecasas
and M. Jaeger, Judges; A. Mair, Administrator, for                 In Case T-60/98 R: Ecord Consortium for Russian
the Registrar, has given a judgment on 9 June 1998, in             Cooperation, comprising the following members: Danagro
which it:                                                          Adviser A/S, established at Glostrup (Denmark), Plunkett