CELEX: C2000/211/44
Language: en
Date: 2000-07-22 00:00:00
Title: Order of the President of the Second Chamber of the Court of First Instance of 15 May 2000 in Case T-101/00 R: Miguel Ángel Martín de Pablos v Commission of the European Communities (Officials — Competition — Non-admission to the tests — Interim relief procedure — Suspension of the competition procedure)

22.7.2000               EN                    Official Journal of the European Communities                                     C 211/21
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                   ORDER OF THE PRESIDENT OF THE SECOND
                            INSTANCE                                         CHAMBER OF THE COURT OF FIRST INSTANCE
                                                                                                  of 15 May 2000
                           of 2 May 2000
                                                                         in Case T-101/00 R: Miguel Ángel Martı́n de Pablos v
in Case T-17/00 R: Willi Rothley and 70 Others v                                  Commission of the European Communities
                       European Parliament
                                                                         (Officials — Competition — Non-admission to the tests —
                                                                         Interim relief procedure — Suspension of the competition
(Proceedings for interim relief — Act of the Parliament —                                            procedure)
Immunity of Members of the Parliament — European Anti-
Fraud Office (OLAF) — Admissibility — Prima facie case                                           (2000/C 211/44)
             — Urgency — Balancing of interests)
                                                                                           (Language of the case: Spanish)
                          (2000/C 211/43)
                                                                         In Case T-101/00 R: Miguel Ángel Martı́n de Pablos, residing
                                                                         in Madrid (Spain), represented by J. Moreno Núñez, of the
                   (Language of the case: German)                        Madrid Bar, Calle Santa Cruz de Marcenado 7, Madrid, v
                                                                         Commission of the European Communities (Agents: G. Valse-
                                                                         sia, J. Currall and J. Guerra Fernandez) — application for
                                                                         suspension of the procedure in competition COM/A/11/98 —
In Case T-17/00 R: Willi Rothley and 70 Others, Members of               the President of the Second Chamber of the Court of First
the European Parliament, represented by H.-J. Rabe and                   Instance made an order on 15 May 2000, the operative part
G. Berrisch, Rechtsanwälte, Hamburg, of 35 Avenue de                     of which is as follows:
Tervuren, Brussels, v European Parliament (Agents: J. Schoo
and H. Krück), supported by the Council of the European
                                                                         1. The application for interim measures is dismissed.
Union (Agents: J. Aussant, M. Bauer and I. Dı́ez Parra) and by
the Commission of the European Communities (Agents:
C. Timmermans, H.-P. Hartvig and U. Wölker) — application                2. The costs are reserved.
for suspension of operation of the Parliament’s decision of
18 November 1999 amending its Rules of Procedure pursuant
to the Interinstitutional Agreement of 25 May 1999 concern-
ing internal investigations conducted by the European Anti-
Fraud Office, alternatively for interim relief — the President of
the Court of First Instance made an order on 2 May 2000, the
operative part of which is as follows:
                                                                         Action brought on 21 April 2000 by Miguel Angel
                                                                         Martı́n de Pablos against Commission of the European
1. Operation of Articles 1 and 2 of the Parliament’s decision                                       Communities
    concerning the conditions and procedure for internal investi-
    gations is suspended in so far as those articles require the
    applicants to cooperate with the European Anti-Fraud Office and                               (Case T-101/00)
    to provide information to the President of the Parliament or to
    the Anti-Fraud Office.                                                                       (2000/C 211/45)
2. The Parliament is to inform the applicants without delay of any                         (Language of the case: Spanish)
    measure imminently to be taken against them by the European
    Anti-Fraud Office and to refrain from granting agents of the
    Anti-Fraud Office access to the applicants’ offices unless the       An action against the Commission of the European Communi-
    latter consent thereto, pending delivery by the Court of First       ties was brought before the Court of First Instance on 21 April
    Instance of final judgment in the main proceedings.                  2000 by Miguel Angel Martı́n de Pablos, residing in Madrid,
                                                                         represented by Javier Moreno Núñez.
3. The costs are reserved.                                               The applicant claims that the Court of First Instance should:
                                                                         — Annul the decision of the Selection Board denying Miguel
                                                                              Angel Martı́n de Pablos admission to the oral tests and,
                                                                              accordingly, require the Commission to admit him to those
                                                                              tests;