CELEX: C1998/327/45
Language: en
Date: 1998-10-24 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 19 August 1998 in Case T-160/97: Hans Gevaert v Commission of the European Communities (Officials - Judgment of the Court of First Instance - Application for reclassification in grade - Objection of inadmissibility - Material new fact - Admissibility)

C 327/24              EN                Official Journal of the European Communities                                   24.10.98
represented by Ramón MareÂs Salvador, of the Madrid Bar,           represented by Nicholas Forwood QC Ð application for
with an address for service in Luxembourg at the                   annulment of a decision of the Committee of the Regions
Chambers of Lorang & AssocieÂs, 51 Rue Albert 1er, v               refusing to pay the applicant the daily subsistence
Commission of the European Communities (Agents: Ana                allowance provided for in Article 10 of Annex VII to the
María Alves Vieira and Blanca VilaÂ Costa) Ð application           Staff Regulations for the entire period of his probation
under the fourth paragraph of Article 173 of the EC                plus one month Ð the Court of First Instance (Fourth
Treaty, first, for annulment of competition notices EUR/           Chamber), composed of P. Lindh, President, K. Lenaerts
LA/97 and EUR/LA/98 of 1 March 1996 (OJ C 62 AL,                   and J. D. Cooke, Judges; H. Jung, Registrar, made an
1.3.1996) and, second, for an order requiring the                  order on 20 August 1998, the operative part of which is
Commission to modify its guides for candidates taking              as follows:
part in interinstitutional competitions or in open
competitions, in particular the guide annexed to the
notices of competition, and any other publication relating
to access to the Community public service, in such a way           1. The application is dismissed as manifestly lacking any
as to include ingenería teÂcnica' (technical engineering)              foundation in law.
amongst the national educational qualifications required
for admission to open competitions' Ð the Court of First
Instance (Fifth Chamber), composed of: J. Azizi, President,
R. García-Valdecasas and M. Jaeger, Judges; H. Jung,               2. The parties shall each bear their own expenses.
Registrar, made an order on 20 July 1998, the operative
part of which is as follows:
                                                                   (1) OJ C 199, 28.6.1997.
1. The application is dismissed as inadmissible;
2. The applicant is to pay the costs.
                                                                        ORDER OF THE COURT OF FIRST INSTANCE
(1) OJ C 180, 22.6.1996.                                                                of 19 August 1998
                                                                   in Case T-160/97: Hans Gevaert v Commission of the
                                                                                     European Communities (1)
                                                                   (Officials Ð Judgment of the Court of First Instance Ð
                                                                   Application for reclassification in grade Ð Objection of
                                                                       inadmissibility Ð Material new fact Ð Admissibility)
                                                                                            (98/C 327/45)
     ORDER OF THE COURT OF FIRST INSTANCE
                      of 20 August 1998
in Case T-132/97: Michael Collins v Committee of the                              (Language of the case: French)
              Regions of the European Union (1)
(Probationary officials Ð Daily subsistence allowance Ð
Period in respect of which granted Ð Case manifestly               In Case T-160/97: Hans Gevaert, an official of the
                   lacking any foundation)                         Commission of the European Communities, residing at
                                                                   Merelbeke (Belgium), represented by Nicolas LhoeÈst, of
                        (98/C 327/44)                              the Brussels Bar, with an address for service in
                                                                   Luxembourg at the offices of Fiduciaire Myson SARL, 30
                                                                   Rue de Cessange, v Commission of the European
                                                                   Communities (Agents: Gianluigi Valsesia and Christine
               (Language of the case: English)                     Berardis-Kayser) Ð application for annulment of the
                                                                   decision of the Commission of 26 August 1996 rejecting
                                                                   the applicant's request for a review of his classification in
                                                                   grade Ð the Court of First Instance (First Chamber),
In Case T-132/97, Michael Collins, an official of the              composed of: B. Vesterdorf, President, J. Pirrung and P.
Committee of the Regions of the European Union,                    Mengozzi, Judges; H. Jung, Registrar, made an order on
residing in Brussels, represented by Vassilis N. Akritidis, of     19 August 1998, the operative part of which is as follows:
the Athens Bar, and Jonathan R. Branton, Solicitor, with
an address for service in Luxembourg at the Chambers of
ArseÁne Kronshagen, 12 Boulevard de la Foire, against
Committee of the Regions of the European Union,                    1. The application is dismissed as inadmissible.
 ---pagebreak--- 24.10.98             EN                 Official Journal of the European Communities                                  C 327/25
2. The parties are to bear their own costs.                                       ORDER OF THE PRESIDENT
                                                                             OF THE COURT OF FIRST INSTANCE
(1) OJ C 228, 26.7.1997.                                                                of 14 August 1998
                                                                        in Case T-44/98 R: Emesa Sugar (Free Zone) NV v
                                                                             Commission of the European Communities
                                                                   (Scheme of the association of the overseas countries and
                                                                   territories Ð Decisions 91/482/EEC and 97/803/EC Ð
                                                                   Regulation (EC) No 2553/97 Ð Proceedings for interim
               ORDER OF THE PRESIDENT                                      measures Ð Intervention Ð Urgency Ð None)
          OF THE COURT OF FIRST INSTANCE
                                                                                           (98/C 327/47)
                     of 14 August 1998
    in Case T-43/98 R: Emesa Sugar (Free Zone) NV v
               Council of the European Union                                       (Language of the case: Dutch)
(Scheme of the association of the overseas countries and
territories Ð Decisions 91/482/EEC and 97/803/EC Ð
Proceedings for interim measures Ð Intervention Ð
                      Urgency Ð None)                              In Case T-44/98 R: Emesa Sugar (Free Zone) NV,
                                                                   established at Oranjestad (Aruba), represented by Gerard
                         (98/C 327/46)                             van der Wal, Advocate with a right of audience before the
                                                                   Hoge Raad der Nederlanden, with an address for service
                                                                   in Luxembourg at the Chambers of Aloyse May, 31
                                                                   Grand-Rue, v Commission of the European Communities
               (Language of the case: Dutch)
                                                                   (Agent: Thomas van Rijn), supported by the Council of
                                                                   the European Union (Agents: Jürgen Huber and Guus
                                                                   Houttuin), the Kingdom of Spain (Agents: Rosario Silva
In Case T-43/98 R: Emesa Sugar (Free Zone) NV,                     de Lapuerta and Monica Lopez-Monis Gallego) and the
established at Oranjestad (Aruba), represented by Gerard           French Republic (Agent: Claude Chavance) Ð application,
van der Wal, Advocate with a right of audience before the          first, for suspension of the operation of Decision VI/51329
Hoge Raad der Nederlanden, with an address for service             of the Commission of 23 December 1997 rejecting a
in Luxembourg at the Chambers of Aloyse May, 31                    request by the applicant for the issue of import licences in
Grand-Rue, v Council of the European Union (Agents:                respect of sugar products and, second, for interim
Jürgen Huber and Guus Houttuin), supported by the                  measures prohibiting the Commission from applying
Commission of the European Communities (Agent:                     Article 108b of Council Decision 91/482/EEC of 25 July
Thomas van Rijn), the Kingdom of Spain (Agents: Rosario            1991 on the association of the overseas countries and
Silva de Lapuerta and Monica Lopez-Monis Gallego) and              territories with the European Economic Community (OJ
the French Republic (Agent: Claude Chavance) Ð                     L 263, 19.9.1991, p. 1), as amended, and/or Commission
application for partial suspension of the operation of             Regulation (EC) No 2553/97 of 17 December 1997 on
Council Decision 97/803/EC of 24 November 1997                     rules for issuing import licences for certain products
amending at mid-term Decision 91/482/EEC on the                    covered by CN codes 1701, 1702, 1703 and 1704 and
association of the overseas countries and territories with         qualifying as ACP/OCT originating products Ð the
the European Economic Community (OJ L 329,                         President of the Court of First Instance made an order on
29.11.1997, p. 50) Ð the President of the Court of First           14 August 1998, the operative part of which is as follows:
Instance made an order on 14 August 1998, the operative
part of which is as follows:
                                                                   1. The Government of Aruba is granted leave to
                                                                        intervene in the present proceedings for interim
1. The Government of Aruba is granted leave to                          measures in support of the form of order sought by
    intervene in the present proceedings for interim relief             the applicant.
    in support of the form of order sought by the
    applicant.
                                                                   2. The application for interim measures is dismissed.
2. The application for interim relief is dismissed.
                                                                   3. The costs are reserved.
3. The costs are reserved.