CELEX: C1996/064/25
Language: en
Date: 1996-03-02 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 16 January 1996 in Case T-108/94: Elena Candiotte v. Council of the European Union (Artists' competition - Rules of the competition - Lawfulness of the selection procedure - Powers of the Selection Committee)

2 . 3 . 96           1 EN |                    Official Journal of the European Communities                                      No C 64/ 11
     workers within the Community require that, where                           himself during the first stage of its life and refrains from
     doctors have worked as such in the public service of                       pursuing a full-time paid occupation,
     another Member State of the EC, the time spent in such
     employment should likewise be taken into account for                       if the cash benefit, which is a fixed amount, is paid only
     the purposes of promotion on grounds of seniority as                       if the income does not exceed certain limits graduated
     provided for in the BAT or should the court instead take                   according to the number of members of the family,
     no such decision and leave this matter to the parties to                   and if, although the cash benefit, as a family-policy
     the collective agreement, having regard to their freedom                   social benefit, is intended as recompense for bringing up
     to agree terms ?                                                           the child and to compensate for the absence of income
(') OJ , English Special Edition 1968 ( II ), p. 475 .
                                                                                from a full-time occupation and the other burdens of
                                                                                caring for and bringing up the child, its primary purpose
                                                                                is to act as an incentive to foster an attachment to the
                                                                                child ?
Reference for a preliminary ruling from the                               2 . If the answer to Question 1 is in the affirmative, is the
Bundessozialgericht by order of that court of 29 November                       cash benefit in relation to a migrant worker within the
1995 in the case of Karin Mille-Wilsmann v. Land                                meaning of Article 73 of Regulation ( EEC ) No 1408/71
                      Nordrhein-Westfalen                                       a family benefit even if it is not the worker himself who is
                                                                                bringing up the child and is therefore entitled, but his
                         ( Case C-16/96 )                                       wife ?
                           ( 96/C 64/24 )
                                                                          3 . Do national rules which in a Member State provide, in
Reference has been made to the Court of Justice of the                          favour of its nationals residing there, for an entitlement
European Communities by an order of the                                         to a cash benefit for one parent who her or himself
Bundessozialgericht ( Federal Social Court ) — 14th                             brings up her or his child during the first stage of its life
Chamber — of 29 November 1995 , which was received at                           and refrains from pursuing a full-time paid occupation,
the Court Registry on 19 January 1996 , for a preliminary                       also apply, under EC law, such as Article 7 ( 2 ) of
ruling in the case of Karin Mille-Wilsmann v. Land                              Regulation ( EEC ) No 1612/68 ( 2 ), to the spouse of a
Nordrhein-Westfalen on the following questions:                                 worker who works in that State for the purpose of
                                                                                Regulation ( EEC ) No 1408/71 and who lives with his
1 . Is a cash benefit financed from tax revenue a family                        spouse in another Member State ( frontier worker )?
     benefit within the meaning of Article 1 ( u ) ( i ) of
     Regulation ( EEC ) No 1408/71 ('), if a condition for                ( ] ) OJ English Special Edition 1971 ( II ), p. 416 .
     entitlement is that one parent brings up the child her or            ( 2 ) OJ English Special Edition 1968 ( II ), p. 475 .
                                                         COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                  annulment of — firstly, the decision of the Selection
                       of 16 January 1996                                 Committee for Artists' Competition No 93/S 21-3373/FR,
                                                                          taken on behalf of the Council and notified to the applicant
in Case T-108/94 : Elena Candiotte v. Council of the
                                                                          by letter of 14 January 1994 , not to admit her to the second
                       European Union (')                                 stage of that competition, — secondly, that Committee's
(Artists ' competition — Rules of the competition —                       decision to delegate to each national working party the
Lawfulness of the selection procedure — Powers of the                     initial selection of applications from artists established in its
                      Selection Committee)                                national territory, — thirdly, its decision to fix the number
                            ( 96/C 64/25 )                                of artists to be selected at three per Member State, and —
                                                                          fourthly, its decision to draw up without further
                                                                          examination the list of artists admitted to the second stage of
                                                                          the competition; and ( ii ) an order requiring the Council to
                 (Language of the case: French)                           pay a symbolic ecu as compensation for the damage which
                                                                          the applicant claims to have suffered as a result of the
                                                                          Selection Committee's decisions, in particular the decision
In Case T-108/94 : Elena Candiotte , self-employed artist,                rejecting her application — the Court of First Instance ( Fifth
residing in Jambes ( Belgium ), represented by Jean-Noel                   Chamber ), composed of: R. Schintgen, President, R.
Louis, of the Brussels Bar, with an address for service in                 Garcia-Valdecasas and J. Azizi, Judges; H. Jung, Registrar,
Luxembourg at the office of Fiduciaire Myson SARL, 1 Rue                   has given a judgment on 16 January 1996 , in which it:
Glesener v. Council of the European Union ( Agents : Yves
Cretien and Diego Canga Fano ) — application for ( i )                     1 . dismisses the application;
 ---pagebreak--- No C 64/ 12            EN                  Official Journal of the European Communities                                    2 . 3 . 96
2 . orders the applicant to pay the whole of the costs,               Vassilios Akritidis, of the Athens Bar, with an address for
      including those relating to the proceedings for the             service in Luxembourg at the Chambers of Arsène
      adoption of interim measures.                                   Kronshagen, 22 Rue Marie-Adelaide, v. Commission of the
                                                                      European Communities (Agents: Ana Maria Alves Vieira
f 1 ) OJ No C 120, 30 . 4 . 1994 .                                    and Bertrand Wägenbaur) — application, first, for
                                                                      annulment of the decision of the Commission, addressed to
                                                                      the applicant by letter of 20 March 1995 , rejecting his
                                                                      application for regrading in grade Bl , step 2 , with
                                                                      retroactive effect from 1 March 1983 , and, second, for an
                                                                      order requiring the Commission to bear the pecuniary
                                                                      effects of such regrading, together with interest thereon —
      ORDER OF THE COURT OF FIRST INSTANCE                            the Court of First Instance ( Fifth Chamber ), composed of R.
                       ( Second Chamber )                             Schintgen, President, and R. García-Valdecasas and J. Azizi,
                                                                      Judges; H. Jung, Registrar, made an order on 15 December
                    of 14 December 1995                               1995 , the operative part of which is as follows :
in Case T-90/94: Erik Dan Frederiksen v. European
                           Parliament (*)
                                                                      1 . the action is dismissed as inadmissible;
                 (No need to give a decision)
                              96/C 64/26 )
                                                                      2 . the applicant is ordered to pay all of the costs.
                (Language of the case: French)
                                                                      (') OJ No C 229 , 2 . 9 . 1995 .
In Case T-90/94: Erik Dan Frederiksen, an official of the
European Parliament, residing in Howald ( Luxembourg),
represented by Georges Vandersanden and Laure Levi , both
of the Brussels Bar, with an address for service in
Luxembourg at the offices of Fiduciaire Myson SARL, 1
Rue Glesener, against European Parliament ( Agents: Didier
Petersheim and Ezio Perillo ) — application for annulment of
                                                                                     ORDER OF THE PRESIDENT
Vacancy Notice No 7346 inviting applications for the post
                                                                               OF THE COURT OF FIRST INSTANCE
of Language Adviser ( Grade LA 3 ) in the Danish Translation
Division — the Court of First Instance ( Second Chamber ),                                of 22 December 1995
composed of B. Vesterdorf, President, D. Barrington and P.            in Case T-219/95 R, Marie-Thérèse Danielsson and Others
Lindh, Judges; H. Jung, Registrar, made an order on                          v. Commission of the European Communities
14 December 1995 , the operative part of which is as
follows :                                                                                        ( 96/C 64/28 )
1 . there is no need to give a decision;                                             (Language of the case: English)
2 . the European Parliament is to pay the costs.                      In Case T-2 19/95 R: Marie-Therese Danielsson, Pierre
                                                                      Largenteau and Edwin Haoa, all residing in Tahiti, French
0 ) OJ No C 103 , 11 . 4 . 1994 .                                     Polynesia, representd by Phon van den Biesen, of the
                                                                      Amsterdam Bar, and Denis Waelbroeck, of the Brussels Bar,
                                                                      assisted during the written procedure by Gerrit Betlem and
                                                                      Seven Deimann, with an address for service in Luxembourg
                                                                      at the office of Dei Gréng, 31 Grand-Rue, v. Commission of
                                                                      the European Communities ( Agents : Richard Wainwright
                                                                      and Thomas Cusack ), supported by French Republic
      ORDER OF THE COURT OF FIRST INSTANCE
                                                                      (Agents : Catherine de Salins, Marc Fonbaustier and
                    of 15 December 1995                               Jean-Francois Dobelle ) — application for suspension of the
in Case T-131/95 : Nicolaos Progoulis v. Commission of the            operation of the decision of the Commission of the
                  European Communities ( 1 )                          European Communities of 23 October 1995 regarding
                                                                      French nuclear tests and for an order that the Commission
(Confirmatory act — New and material fact —                           take all measures necessary to preserve and protect the
   Inadmissibility — Costs — Costs unreasonably caused)               applicants' rights under the EAEC Treaty — the President of
                            ( 96/C 64/27 )                            the Court of First Instance made an order on 22 December
                                                                      1995 , the operative part of which is as follows:
                (Language of the case: French)
                                                                      1 . the French Republic is granted leave to intervene in
In Case T-131 /95 : Nicolaos Progoulis, an official of the                 support of the form of order sought by the
Commission of the European Communities, represented by                     Commission;