CELEX: C1999/086/36
Language: en
Date: 1999-03-27 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 10 February 1999 in Case T-35/98: André Hecq and Syndicat des Fonctionnaires Internationaux et Européens (SFIE) v. Commission of the European Communities (Officials - Bureau of the local Staff Committee - Elections - Duties of the institution - Admissibility)

27.3.1999             EN                  Official Journal of the European Communities                                  C 86/17
4. Orders the parties, including the intervener, to bear               JUDGMENT OF THE COURT OF FIRST INSTANCE
     their own costs.                                                                     of 28 January 1999
                                                                      in Case T-264/97: D v. Council of the European Union (1)
(1) OJ C 54, 22.2.1997.
                                                                     (Officials Ð Refusal to grant the applicant the household
                                                                                  allowance in respect of his partner)
                                                                                             (1999/C 86/35)
                                                                                     (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 11 February 1999
                                                                     In Case T-264/97: D, an official of the Council of the
in Case T-200/97: Carmen JimeÂnez v. Office for                      European Union, residing in Brussels, represented by
Harmonisation in the Intenal Market (trade marks and                 Jean-NoeÈl Louis, Thierry Demaseure and FrancËoise
                     designs) (OHIM) (1)                             Parmentier, of the Brussels Bar, with an address for service
                                                                     in Luxembourg at the Offices of Fiduciaire Myson SARL,
(Officials Ð Competitions Ð Inclusion on the list of                 30 Rue de Cessange, supported by the Kingdom of
suitable candidates Ð Procedural irregularity Ð Principle            Sweden (Agent: Lotti Nordling), v. Council of the
   of non-discrimination Ð Manifest error of assessment)             European Union (Agents: TheÂreÁse Blanchet and Eva
                        (1999/C 86/34)                               Karlsson) Ð application for annulment of the Council's
                                                                     decision refusing to grant the applicant the household
                                                                     allowance in respect of his partner Ð the Court of First
                (Language of the case: French)                       Instance (Second Chamber), composed of: A. Potocki,
                                                                     President, and C. W. Bellamy and A. W. H. Meij, Judges;
                                                                     B. Pastor, Principal Administrator, for the Registrar, has
In Case T-200/97: Carmen JimeÂnez, an official of the                given a judgment on 28 January 1999, in which it:
Commission of the European Communities, residing at
Alicante (Spain), represented by Georges Vandersanden, of
                                                                     1. Dismisses the action.
the Brussels Bar, with an address for service in
Luxembourg at the Offices of Fiduciaire Myson SARL, 30
Rue de Cessange, v. Office for Harmonisation in the                  2. Orders the parties, including the intervener, to bear
Internal Market (trade marks and designs) (OHIM)                         their own costs.
(Agents: Fernando López de Rego and Antonio Grilli) Ð
application for annulment of the decision of the selection
board of the Office for Harmonisation in the Internal                (1) OJ C 357, 22.11.1997.
Market (trade marks and designs) of 30 October 1996 not
to include the applicant's name on the list drawn up in the
context of the Competition for the drawing-up of a list of
suitable candidates of either sex to fill category C posts as
members of the temporary staff (reference AT/C)' Ð the
Court of First Instance (Third Chamber), composed of: M.
                                                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
Jaeger, President, and K. Lenaerts and J. Azizi, Judges; A.
Mair, Administrator, for the Registrar, has given a                                       of 10 February 1999
judgment on 11 February 1999, in which it:
                                                                     in Case T-35/98: AndreÂ Hecq and Syndicat des Fonction-
                                                                     naires Internationaux et EuropeÂens (SFIE) v. Commission
                                                                                   of the European Communities (1)
1. Annuls the decision of the selection board of the
     Office for Harmonisation in the Internal Market                 (Officials Ð Bureau of the local Staff Committee Ð
     (trade marks and designs) of 30 October 1996 not to                Elections Ð Duties of the institution Ð Admissibility)
     include the applicant's name on the list drawn up in
     the context of the Compettion for the drawing-up of                                    (1999/C 86/36)
     a list of suitable candidates of either sex to fill
     category C posts as members of the temporary staff                              (Language of the case: French)
     (reference AT/C)'.
                                                                     In Case T-35/98: AndreÂ Hecq, an official of the
2. Orders the Office for Harmonisation in the Internal               Commission of the European Communities, residing in
     Market (trade marks and designs) (OHIM) to pay the              Brussels, and Syndicat des Fonctionnaires Internationaux
     costs.                                                          et EuropeÂens (SFIE), established in Brussels, represented
                                                                     by Lucas Vogel, of the Brussels Bar, with an address for
(1) OJ C 7, 10.1.1998.                                               service in Luxembourg at the Chambers of Christian
                                                                     Kremer, 8Ð10 Rue Mathias Hardt, v. Commission of the
                                                                     European Communities (Agents: Gianluigi Valsesia and
                                                                     Julian Currall) Ð application for annulment of the
 ---pagebreak--- C 86/18              EN                 Official Journal of the European Communities                                27.3.1999
Commission's decision of 20 March 1997 refusing to take            Chamber), composed of: J.     D. Cooke, President, and R.
the measures requested by the applicant in order to ensure         García-Valdecasas and P.        Lindh, Judges; H. Jung,
collective and proportional representation in the                  Registrar, made an order       on 15 January 1999, the
membership of the Bureau of the local Staff Committee in           operative part of which is as follows:
Brussels Ð the Court of First Instance (Second Chamber),
composed of: A. Potocki, President, and C. W. Bellamy
and A. W. H. Meij, Judges; B. Pastor, Principal                    1. There is no need to adjudicate on the present action.
Administrator, for the Registrar, has given a judgment on
10 February 1999, in which it:
                                                                   2. The parties are to bear their own costs.
1. Orders the removal of the Syndicat des Fontionnaires            (1) OJ C 318, 26.10.1996.
    Interntionaux et EuropeÂens from the list of applicants.
2. Dismisses the action brought by Mr Hecq.
                                                                        ORDER OF THE COURT OF FIRST INSTANCE
3. Orders the parties to bear their own costs.                                          of 15 January 1999
                                                                   in Case T-243/97: Catherine Metdepenningen and Others
(1) OJ C 113, 11.4.1998.                                                 v. Commission of the European Communities (1)
                                                                   (Member of the temporary staff Ð Contract for a limited
                                                                   period Ð Possibility of its being extended Ð Action for
                                                                              annulment Ð Manifest inadmissibility)
                                                                                          (1999/C 86/38)
     ORDER OF THE COURT OF FIRST INSTANCE                                         (Language of the case: French)
                     of 15 January 1999
in Case T-131/96: RWE Energie Aktiengesellschaft v.                In Case T-243/97: Catherine Metdepenningen, JeÂrôme
       Commission of the European Communities (1)                  Poussielgue and Jürgen Wettig, members of the temporary
                                                                   staff of the Commission of the European Communities,
             (Case not proceeding to judgment)                     residing in Brussels, represented by Nicolas LhoeÈst, of the
                                                                   Brussels Bar, with an address for service in Luxembourg at
                       (1999/C 86/37)                              the Office of Fiduciaire Myson SARL, 30 Rue de
                                                                   Cessange, v. Commission of the European Communities
                                                                   (Agents: Gianluigi Valsesia and Florence Duvieusart-
                                                                   Clotuche) Ð application, first, for annulment of the
               (Language of the case: German)                      Commission's decisions of 26 August 1996 expressly
                                                                   rejecting the requests of the applicants Metdepenningen
                                                                   and Poussielgue for an extension of their contracts as
In Case T-131/96: RWE Energie Aktiengesellschaft,                  members of the temporary staff and, second, for
established at Essen (Germany), represented by Gerhard             annulment of the Commission's decisions of 23 and
Wiedemann and Jens Fleischhauer, Rechtsanwälte,                    28 May 1997 expressly rejecting their complaints Ð the
Düsseldorf, with an address for service in Luxembourg at           Court of First Instance (Second Chamber), composed of:
the Chambers of Luc Frieden, 62 Avenue Guillaume, v.               A. Potocki, President, and C. W. Bellamy and A. W. H.
Commission of the European Communities (Agents:                    Meij, Judges; H. Jung, Registrar, made an order on
Giuliano Marenco and Klaus Wiedner), supported by                  15 January 1999, the operative part of which is as
French Republic (Agents: Kareen Rispal-Bellanger and               follows:
Jean-Marc Belorgey) Ð application, first, for a declaration
of failure to act on the part of the Commission, in that it
unlawfully failed to adopt a decision concerning the               1. The application is dismissed.
applicant's requests for negative clearance and exemption
in respect of an electricity supply agreement concluded
between the applicant and the City of Nordhorn, and,               2. The parties are ordered to bear their own costs.
secondly and in the alternative, for annulment of the
Commission's letter of 18 June 1996 informing the                  (1) OJ C 331, 1.11.1997.
applicant that it did not intend to consider its requests
pending the conclusion of national proceedings before the
German courts Ð the Court of First Instance (Fifth