CELEX: C2003/044/46
Language: en
Date: 2003-02-22 00:00:00
Title: Judgment of the Court of First Instance of 12 December 2002 in Joined Cases T-338/00 and T-376/00: Carmelo Morello v Commission of the European Communities (Officials — Procedure for filling vacant posts — Statement of reasons — Comparative examination of applicants and equal treatment of officials — Actions for annulment — Actions for damages)

22.2.2003                EN                        Official Journal of the European Union                                             C 44/25
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               residing in Brussels, represented by J. Sambon and P.-P. Van
                                                                           Gehuchten, Lawyers, with an address for service in Luxem-
                        of 5 December 2002                                 bourg, against Commission of the European Communities
                                                                           (Agents: C. Berardis-Kayser and D. Waelbroeck) — application
in Case T-249/00: Paul Edwin Hoyer v Commission of the                     for annulment of the Commission’s decision not to appoint
                    European Communities ( 1)                              the applicant to the post of Head of Unit 2 ‘Motor vehicles and
                                                                           other means of transport’ within Directorate F ‘Consumer
(Members of the temporary staff — Termination of contract                  goods and capital goods industries’ within the Directorate-
          — Calculation of notice — Leave not taken)                       General for Competition (COM/113/99) and of its decision to
                                                                           appoint a different applicant to the post and an application for
                                                                           damages — the Court of First Instance (Third Chamber),
                            (2003/C 44/45)
                                                                           composed of M. Jaeger, President, and K. Lenaerts and J. Azzizi,
                                                                           Judges; J. Palacio González, Principal Administrator, for the
                    (Language of the case: Dutch)                          Registrar, gave a judgment on 12 December 2002, in which it:
In Case T-249/00: Paul Edwin Hoyer, a former member of                     1.     Joined Cases T-338/00 and T-376/00;
the temporary staff of the Commission of the European
Communities, residing in Hoeilaart (Belgium), represented by               2.     Dismissed the action in Case T-376/00 as inadmissible;
G. van der Wal, lawyer, with an address for service in
Luxembourg, against the Commission of the European Com-                    3.     In case T-338/00 ordered the Commission to pay the applicant
munities (Agents: initially G. Valsesia and C. Van der Hauwaert,                  the sum of EUR 2 500;
and subsequently F. Clotuche-Duvieusart and H.M.H. Speyart)
— application for the annulment of the Commission’s                        4.     Dismissed the remainder of the action in Case T-338/00;
decisions of 14 June 2000 concerning the calculation of the
final date of notice when the applicant’s contract as a member
of the temporary staff was terminated (Decision No R/78/                   5.     Ordered each of the parties in Case T-376/00 to bear their
2000) and determining the number of days’ leave not taken                         own costs;
when he left (Decision No R/26/2000 — the Court of First
Instance (Fourth Chamber), composed of: M. Vilaras, President,             6.     Ordered the Commission to bear the costs in Case T-338/00.
V. Tiili and P. Mengozzi, Judges; J. Palacio González, Principal
Administrator, for the Registrar, gave a judgment on 5 Decem-
ber 2002, the operative part of which is as follows:                       (1 ) OJ C 372 of 23.12.2000 and C 61 of 24.2.2001.
1.     The application is dismissed.
2.     The parties will bear their own costs.
( 1) OJ C 355 of 9.12.2000.
                                                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                 of 12 December 2002
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                           in Case T-378/00: Carmelo Morello v Commission of the
                        of 12 December 2002                                                    European Communities ( 1)
in Joined Cases T-338/00 and T-376/00: Carmelo Morello                     (Officials — Procedure for filling vacant posts — Statement
       v Commission of the European Communities ( 1)                       of reasons — Comparative examination of applicants and
                                                                           equal treatment of officials — Actions for annulment —
(Officials — Procedure for filling vacant posts — Statement                                       Actions for damages)
of reasons — Comparative examination of applicants and
equal treatment of officials — Actions for annulment —
                        Actions for damages)                                                         (2003/C 44/47)
                            (2003/C 44/46)                                                     (Language of the case: French)
                    (Language of the case: French)
                                                                           In Case T-378/00: Carmelo Morello, an official of the Com-
In Joined Cases T-338/00 and T-376/00: Carmelo Morello, an                 mission of the European Communities, residing in Brussels,
official of the Commission of the European Communities,                    represented by J. Sambon and P.-P. Van Gehuchten, Lawyers,