CELEX: C1999/265/24
Language: en
Date: 1999-09-18 00:00:00
Title: Judgment of the Court of First Instance of 27 April 1999 in Case T-283/97: Germain Thinus v Commission of the European Communities (Officials - Refusal of promotion - Consideration of comparative merits - Other factors to be taken into consideration - Provision of a statement of reasons)

C 265/12                EN                      Official Journal of the European Communities                                     18.9.1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 15 June 1999
                          of 9 March 1999                                  in Case T-277/97: Ismeri Europa Srl v Court of Auditors
                                                                                          of the European Communities (1)
in Case T-273/97: Pierre Richard v European Parliament (1)                 (Non-contractual liability — MED programmes — Report
                                                                           of the Court of Auditors — Criticisms concerning the
                                                                                                       applicant)
(Officials — Recruitment procedure — Application of                                                 (1999/C 265/23)
Article 29(1) of the Staff Regulations — Recruitment of a
person from the reserve list of an open competition reserved
for nationals of the new Member States — Rejection of                                         (Language of the case: Italian)
                            candidature)
                                                                           In Case T-277/97: Ismeri Europa Srl, whose registered office is
                                                                           in Rome, represented by Sergio Ristuccia and Gian Luigi
                                                                           Tosato, of the Rome Bar, with an address for service in
                          (1999/C 265/22)                                  Luxembourg at the Chambers of Alex Schmitt, 7 Val Sainte-
                                                                           Croix v Court of Auditors of the European Communities
                                                                           (Agents: Jean-Maria Stenier, Jan Inghelram and Paola Giusta)
                                                                           — application under Articles 235 EC and 288, second para-
                                                                           graph, EC (ex Articles 178 and 215) for compensation for
                                                                           damage purportedly suffered by the applicant following criti-
                     (Language of the case: French)                        cisms directed at it by the Court of Auditors in Special
                                                                           Report No 1/96 on the MED programmes (submitted under
                                                                           Article 188C(4), second paragraph, of the EC Treaty) together
                                                                           with the Commission’s replies (OJ 1996 C 240, p. 1) — the
In Case T-273/97, Pierre Richard, official of the European                 Court of First Instance (Third Chamber), composed of M. Jae-
Parliament, residing in Luxembourg, represented by André                   ger, President, K. Lenaerts and J. Azizi Judges; A. Mair, Admin-
Lutgen, and, for the oral procedure, by Jeanne Feltgen, of the             istrator, for the Registrar, gave a judgment on 15 June 1999,
Luxembourg Bar, with an address for service in Luxembourg at               the operative part of which is as follows:
their Chambers, 1, Rue Jean-Pierre Brasseur, against European
Parliament (Agent: João Sant’Anna) — application, first, for              1. The action is dismissed.
annulment of the decision of the European Parliament rejecting
the applicant’s candidature for the post advertised by Notice              2. The applicant is ordered to pay the costs.
of Vacancy No 8011 and, second, for annulment of the
appointment of Mrs S. to that post and of the procedure
leading to that appointment — the Court of First Instance                  (1) OJ C 7 of 10.1.1998.
(Fifth Chamber), composed of J.D. Cooke, President, and
R. Garcia-Valdecasas and P. Lindh, Judges; A. Mair, Adminis-
trator, for the Registrar, has given a judgment on 9 March
1999, in which it:
1. Annuls the procedure for the appointment of Mrs S. to the post              JUDGMENT OF THE COURT OF FIRST INSTANCE
     of Head of Division A 3 and the Decision of 9 January 1997.
                                                                                                   of 27 April 1999
2. Annuls the Decisions of 11 February and 23 July 1997 rejecting          in Case T-283/97: Germain Thinus v Commission of the
     the applicant’s candidature and his complaint respectively.                              European Communities (1)
                                                                           (Officials — Refusal of promotion — Consideration of
3. Orders the Parliament to pay the costs.                                 comparative merits — Other factors to be taken into
                                                                                consideration — Provision of a statement of reasons)
                                                                                                    (1999/C 265/24)
(1) OJ C 387 of 20.12.1997.
                                                                                              (Language of the case: French)
                                                                           In Case T-283/97: Germain Thinus, an official of the Com-
                                                                           mission of the European Communities, represented by Jean-
                                                                           Noël Louis, Thierry Demaseure, Françoise Parmentier and,
 ---pagebreak--- 18.9.1999                EN                     Official Journal of the European Communities                                            C 265/13
initially, Ariane Tornel, of the Brussels Bar, with an address for             Vicente, Saturnino Durán Vidal, Alfredo Escribano Martı́nez,
service in Luxembourg at the offices of Fiduciaire Myson                       Pablo Fernández Ruiz, Elena Frutos Zamarrón, Luis Guembe
SARL, 30 Rue de Cessange, v Commission of the European                         Casi, Ana Luisa Muller, Alfonso Novoa Diz, Géraldine O’Shea,
Communities (Agents: Christine Berardis-Kayser and Florence                    Antonio Oliva Español, Pablo Pardo Ortiz, Manuel Parejo
Duvieusart-Clotuche) — application for annulment of the                        Pagador, Ernesto Pérez Carbonell, Dolores Rodrı́guez Pérez,
decision not to promote the applicant to grade B 3 in the                      Enrique Rojas De Montis, Alfonso Ruiz De Azoa Castano and
1997 promotions procedure — the Court of First Instance                        Joan Antoni Salmurri Trintxet are annulled inasmuch as they
(Fifth Chamber), composed of: J.D. Cooke, President, and                       refuse them, in respect of the period prior to that date, financial
R. Garcı́a Valdecasas and P. Lindh, Judges; A. Mair, Adminis-                  assistance for the legal fees occasioned by the proceedings brought
trator, for the Registrar, has given judgment on 27 April 1999,                before Spanish courts for the purpose of securing the transfer to
in which it:                                                                   the Community scheme of their retirement pension rights acquired
                                                                               in Spain;
1. Dismisses the application.
                                                                           2. For the rest, the applications in Cases T-114/98 and T-115/98
2. Orders the Commission to bear its own costs and to pay the costs            are dismissed.
     incurred by the applicant up until the date of receipt by him of
     the decision rejecting his complaint. The applicant is ordered to     3. The Commission shall pay two thirds of the costs of the applicants
     bear the costs incurred by him thereafter.                                in Case T-114/98. For the rest, each party shall bear its own
                                                                               costs.
(1) OJ C 7 of 10.1.1998.
                                                                           (1) OJ C 340 of 7.11.1998.
                                                                                 ORDER OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 20 May 1999
                            of 1 June 1999
                                                                           in Case T-140/96: Société des Caves et des Producteurs
in Joined Cases T-114/98 and T-115/98: Dolores Rodrı́-                     Réunis de Roquefort and Others v Commission of the
guez Pérez and Others and José Maria Olivares Ramos and                                        European Communities (1)
Others v Commission of the European Communities (1)
                                                                                          (Case not proceeding to judgment)
(Officials — Transfer of pension rights — National proceed-
            ings — Request for financial assistance)                                                 (1999/C 265/26)
                           (1999/C 265/25)                                                     (Language of the case: French)
                                                                           In Case T-140/96: Société des Caves et des Producteurs Réunis
                    (Language of the cases: Spanish)                       de Roquefort, established at Roquefort-sur-Soulzon (France),
                                                                           Société Fromagère Corse, established at Bastia (France), Société
In Joined Cases T-114/98 and T-115/98: Dolores Rodrı́guez                  pour la Valorisation du Lait de Brebis du Grand Sud-Ouest
Pérez and 23 others and José Marı́a Olivares Ramos and 55                  (Valbreso). established at La Canourgue (France), Compagnie
others, represented by Antonio Creus Carreras and Begoña                  des Fromages, established at Viré (France), Fromager du Causse,
Uriarte Valiente, of the Barcelona and Madrid Bars, with an                established at Roquefort (France), Alliance Agro Alimentaire,
address for service at 78 Avenue d’Auderghem, Brussels,                    established in Toulouse (France), and Confédération Générale
against Commission of the European Communities (Agents:                    des Producteurs de Lait de Brebis et des Industriels de
Gianluigi Valsesia and Eric Gippini Fournier) — application                Roquefort, established at Millau (France), represented by
for annulment on the Commission decisions refusing to grant                F. Ancel, of the Paris Bar, with an address for service in
the applicants financial assistance for the transfer to the                Luxembourg at the Chambers of P. Schiltz, 4 Rue Béatrix de
Community pension scheme of pension rights which they                      Bourbon, v Commission of the European Communities
acquired under the Spanish scheme, as provided for under                   (Agents: J.L. Iglesias Buhigues and G. Berscheid) supported
Article 11 of Annex VIII to the Staff Regulations of Officials of          by Koinopraktiki Tyrokomikon Monadon Ioanninon Pindos
the European Communities, or discontinuing that financial                  AEBE — application for annulment of Commission Regulation
assistance — the Court of First Instance (Third Chamber),                  (EC) No 1107/96 of 12 June 1999 on the registration of
composed of M. Jaeger President, K. Lenaerts and J. Azizi,                 geographical indications and designations of origin under the
Judges; J. Palacio González, Administrator, for the Registrar,            procedure laid down in Article 17 of Council Regulation (EEC)
has given a judgment on 1 June 1999, the operative part of                 No 2081/92 (OJ 1999 L 148, p. 1) in so far as concerns
which is as follows:                                                       registration of the name ‘feta’ as a protected designation of
                                                                           origin — the Court of First Instance (Third Chamber), com-
1. The decisions of 10 November 1997 addressed to Rafael Aguirre           posed of M. Jaeger, President, and K. Lenaerts and J. Azizi,
     Unceta, Miguel Alay Marcos, Francisco Andrada Sanz, Soledad           Judges; H. Jung, Registrar, made an order on 20 May 1999, the
     Blanco Mangudo, Federica Burel Louberry, Fabriciano Corchete          operative part of which is as follows: