CELEX: C1998/041/38
Language: en
Date: 1998-02-07 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 December 1997 in Case T-217/95: Lucia Passera v. Commission of the European Communities (Officials - Internal competition for advancement from category C to category B - Decision of the selection board failing candidates at the oral test - Scope of the obligation to state reasons - Assessment by the selection board)

7.2.98                EN                 Official Journal of the European Communities                                   C 41/19
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           Chambers of Christian Kramer, 8Ð10 Rue Mathias
                    of 17 December 1997                             Hardt, against the Commission of the European
                                                                    Communities (Agents: Ana Maria Alves Vieira and
in Case T-217/95: Lucia Passera v. Commission of the                Fabrizio Minneci and, for the oral procedure, Gianluigi
                  European Communities (1)                          Valsesia) Ð application for annulment of the decision of
(Officials Ð Internal competition for advancement from              the selection board in internal competition COM/B/9/93
category C to category B Ð Decision of the selection                to award the applicant a mark in the oral test lower than
board failing candidates at the oral test Ð Scope of the            the minimum required and not to include her in the list of
obligation to state reasons Ð Assessment by the selection           successful candidates Ð the Court of First Instance
                            board)                                  (Fourth Chamber), composed of K. Lenaerts, President,
                                                                    and P. Lindh and J. D. Cooke, Judges; A. Mair,
                         (98/C 41/38)                               Administrator, for the Registrar, has given a judgment on
                                                                    17 December 1997, the operative part of which is as
               (Language of the case: French)                       follows:
In Case T-217/95: Lucia Passera, an official of the                 1. The application is dismissed.
Commission of the European Communities, residing at
Overijse (Belgium), represented by Marc-Albert Lucas, of            2. The parties are to bear their own costs.
the LieÁge Bar, with an address for service in Luxembourg
at the Chambers of Evelyne Korn, 21 Rue de Nassau, v.               (1) OJ C 77, 16.3.1996.
Commission of the European Communities (Agents:
Gianluigi Valsesia and Ana Maria Alves Vieira) Ð
application, first, for annulment of the decision of the
selection board in internal competition COM/B/9/93 not
to enter the applicant's name on the list of suitable
candidates and, second, for annulment of the notice of                JUDGMENT OF THE COURT OF FIRST INSTANCE
that competition Ð the Court of First Instance (Fourth                                    (Third Chamber)
Chamber), composed of: K. Lenaerts, President, and P.
                                                                                        of 18 December 1997
Lindh and J. D. Cooke, Judges; A. Mair, Administrator,
for the Registrar, has given a judgment on 17 December              in Case T-12/94: FreÂdeÂric Daffix v. Commission of the
1997, in which it:                                                                    European Communities (1)
                                                                    (Officials Ð Removal from post Ð Appeal Ð Case
1. dismisses the action;                                            referred back to the Court of First Instance Ð Truth of
                                                                    the facts Ð Burden of proof Ð Misuse of discretion Ð
2. orders the parties to bear their own costs.                      Manifest error of assessment Ð Rights of the defence Ð
                                                                           Article 7 of Annex IX to the Staff Regulations)
(1) OJ C 16, 20.1.1996.                                                                     (98/C 41/40)
                                                                                    (Language of the case: French)
                                                                    In Case T-12/94: FreÂdeÂric Daffix, a former official of the
                                                                    Commission of the European Communities, residing in
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           Brussels, represented by Georges Vandersanden and Laure
                                                                    Levi, of the Brussels Bar, with an address for service in
                      (Fourth Chamber)
                                                                    Luxembourg at the offices of Fiduciaire Myson SARL, 30
                    of 17 December 1997                             Rue de Cessange v. Commission of the European
                                                                    Communities (Agents: Dimitrios Gouloussis and Benoît
in Case T-225/95 Fotini Chiou v. Commission of the
                                                                    Cambier) Ð application for annulment of the
                  European Communities (1)
                                                                    Commission's decision of 18 March 1993 removing the
(Officials Ð Internal competition for movement of                   applicant from his post and, if necessary, the implied
officials from Category C to Category B Ð Decision of               rejection of his complaint Ð the Court of First Instance
the selection board noting the failure of candidates in the         (Third Chamber), composed of B. Vesterdorf, President,
oral test Ð Consistency between the complaint and the               C. P. BrieÈt and A. Potocki, Judges; A. Mair, Administrator,
application Ð Principle of equal treatment for men and              for the Registrar, gave a judgment on 18 December 1997,
women Ð Principle of non-discrimination Ð Assessment                the operative part of which is as follows:
                    of the selection board)
                                                                    1. The application is dismissed.
                         (98/C 41/39)
                                                                    2. Each of the parties shall bear all the costs which it has
               (Language of the case: French)                           incurred in the proceedings before the Court of First
                                                                        Instance and the Court of Justice.
In Case T-225/95: Fotini Chiou, official of the
Commission of the European Communities, residing in                 (1) OJ C 59, 26.2.1994.
Brussels, represented by Lucas Vogel, of the Brussels Bar,
with an address for service in Luxembourg at the