CELEX: C1995/189/27
Language: en
Date: 1995-07-22 00:00:00
Title: Reference for a preliminary ruling by Juzgado de lo Socal No 2, Santiago de Compostela, by order of that court of 26 May 1995 in the case of Mercedes Lores Guillín v. Instituto Nacional de Empleo and Instituto Nacional de la Seguridad Social (Case C-184/95)

No C 189/ 14            EN                  Official Journal of the European Communities                                    22 . 7 . 95
Reference for a preliminary ruling by Juzgado de lo Socal              ( Social Court) No 2, Santiago de Compostela, of 26 May
No 2, Santiago de Compostela, by order of that court of                1995 , which was received at the Court Registry on 12 June
26 May 1995 in the case of Mercedes Lores Guillín v.                   1 995 , for a preliminary ruling in the case of Mercedes Lores
Instituto Nacional de Empleo and Instituto Nacional de la              Guillín against Instituto Nacional de Empleo (National
                           Seguridad Social                            Employment Institute ) and Instituto Nacional de la
                           (Case C-184/95 )                            Seguridad Social (National Social Security Institute ) on
                                                                       questions which are the same as in Case C-88/95 i 1 ).
                              95/C 189/27 )
Reference has been made to the Court of Justice of the
European Communities by an order of Juzgado de lo Social               (!) OJ No C 137, 3 . 6 . 1995, p. 12.
                                                      COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                         ( Fourth Chamber)                                                      (Fourth Chamber)
                           of 17 May 1995                                                         of 17 May 1995
in Case T- 1 0/94 : Achim Kratz v. Commission of the                   in Case T-16/94 : Dimitrios Benecos v. Commission of the
                   European Communities { l )                                             European Communities ( 1 )
(Vacancy notice — Level of post to be filled — Fixed by                (Vacancy notice — Level ofpost to be filled — Rejection of
       appointing authority after consulting the advisory                                 candidatures — Reasoning)
          committee on appointments — Rejection of                                                 ( 95/C 189/29 )
                             candidatures)
                            ( 95/C 189/28
                                                                                       (Language of the case: French)
                (Language of the case: French)
                                                                       In Case T-16/94 : Dimitrios Benecos, an official of the
In Case T- 1 0/94 : Achim Kratz, an official of the                    Commission of the European Communities, residing in
Commission of the European Communities , residing in                   Brussels, represented by Jean-Noël Louis, Thierry
Tervuren ( Belgium ), represented by Nicolas Lhoëst, of the            Demaseure and Véronique Leclercq, of the Brussels Bar,
Brussels Bar, with an address for service in Luxembourg at             with an address for service in Luxembourg at the Chambers
the Chambers of Fiduciaire Myson Sàrl, 1 Rue Glesener,                 of Fiduciaire Myson Sàrl, 1 Rue Glesener, against the
against the Commission of the European Communities                     Commission of the European Communities (Agents :
( Agents : Joseph Griesmar and, at the oral proceedings,               Ana-Maria Alves Vieira and Denis Waelbroeck and, at the
Gianluigi Valsesia ) — application for annulment of the                oral proceedings, Gianluigi Valsesia ) — application for the
decision of 3 May 1993 not to accept the applicant's                   annulment of the decision of the Commission rejecting the
candidature for the post of Head of the Unit 'Public Health            applicant's candidature for the post COM/106/92 as
— Europe against Aids ' — the Court of First Instance                  Head of the Unit I/E/4 'Infrastructure (including
( Fourth Chamber ), composed of K. Lenaerts, President of              telecommunications ) and energy ( including nuclear safety)'
the Chamber, R. Schintgen and P. Lindh, Judges; B. Pastor,             — the Court of First Instance (Fourth Chamber), composed
for the Registrar, gave a judgment on 17 May 1995 , the                of K. Lenaerts , President of the Chamber, R. Schintgen and
operative part of which is as follows :                                P. Lindh, Judges; B. Pastor, for the Registrar, gave a
                                                                       judgment on 17 May 1995 , the operative part of which is as
1 , the decision of the Commission of 3 May 1 993 rejecting            follows :
      the applicant's candidature for the post of Head of the
      Unit 'Public Health — Europe against Aids ' and the
      related decisions to fix that post at Grade AS!A4 and            1 , the action is dismissed;
      subsequently to appoint Mrs Dellicour to that post are
      annulled;
                                                                       2 , the Commission is ordered to pay the costs.
2 , the Commission is ordered to pay the costs.
                                                                       f 1 ) OJ No C 76 , 12 . 3 . 1994 .
( ! ) OJ No C 76 , 12 . 3 . 1994 .