CELEX: C1997/131/37
Language: en
Date: 1997-04-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 19 March 1997 in Case T-73/95: Estabelecimentos Isidoro M. Oliveira, SA v. Commission of the European Communities (Social policy - European Social Fund - Assistance in the financing of vocational training measures - New decision following a judgment of the Court of Justice - Legal certainty - Legitimate expectations - Prohibition of reformatio in pejus - Reasonable time)

26 . 4 . 97           EN                   Official Journal of the European Communities                                 No C 131 / 15
Dalheim ( Grand Duchy of Luxembourg), represented by                  of: A. Saggio, President, V. Tiili and R. M. Moura Ramos,
Carlo Revoldini, of the Luxembourg Bar, with an address               Judges; J. Palacio Gonzalez, Administrator, for the
for service in Luxembourg at the Chambers of the latter,              Registrar, has given a judgment on 19 March 1997, in
180 Route de Longwy, against Commission of the                        which it :
European Communities ( Agents: Ana Maria Alves Vieira,
Julian Currall and Alberto dal Ferro) — application, first,           1 . dismisses the application;
for annulment of the Commission's decision cancelling the
procedure under vacancy notice COM/116/94, and, in so
far as may be necessary, of its decision to reserve the post          2 . orders the Commission to pay the costs in their
forming the subject-matter of that vacancy notice for                       entirety.
nationals of new Member States and to publish notice of
open competition COM/A/929 ( Head of Unit V.F.3 ) and                 (') OJ No C 119 , 13 . 5 . 1995 .
of its decision of 14 December 1995 rejecting the
applicant's complaint of 14 July 1995 , and, secondly, for
an order requiring the Commission to pay compensation
for the non-material harm suffered — the Court of First
Instance ( Fifth Chamber), composed of R. García-
Valdecasas, President, and J. Azizi and M. Jaeger, Judges;               JUDGMENT OF THE COURT OF FIRST INSTANCE
J. Palacio Gonzalez, Administrator, for the Registrar, has
given a judgment on 18 March 1997, in which it:                                                  ( First Chamber)
                                                                                              of 19 March 1997
 1 . dismisses the action as inadmissible in so far as it             in Case T-21/96 : Antonio Giannmi v. Commission of the
     seeks annulment of the decision of the Commission to                                 European Communities (')
     publish notice of open competition COM/A/929 (Head
     of Unit V.F.3);                                                   (Officials — Appointment — Vacancy Notice — Interests
                                                                                                   of the service)
2 . dismisses the remainder of the action as unfounded;                                            ( 97/C 131 /38 )
 3 . orders the parties to bear their own costs.                                        (Language of the case: French)
 H OJ No C 145 , 18 . 5 . 1996 .                                       In Case T-21 /96 : Antonio Giannini, an official of the
                                                                       Commission of the European Communities, residing in
                                                                       Brussels, represented by Marc Dallemagne and Carlo
                                                                       Locchi, both of the Brussels Bar, with an address for
                                                                       service in Luxembourg at the Chambers of Jeannot Biver,
                                                                       3 Rue de la Loge, against the Commission of the
                                                                       European Communities ( Agents : Gianluigi Valsesia and
   JUDGMENT OF THE COURT OF FIRST INSTANCE                             Julian Currall ) — application for, first, annulment of the
                       of 19 March 1997                                decisions appointing Mr X as head of the Unit
                                                                       'Negotiations and Management of Agreements on Textiles;
 in Case T-73/95 : Estabelecimentos Isidoro M. Oliveira,               footwear; various' and rejecting the applicant's
     SA v. Commission of the European Communities ( ] )                candidature for that post, and, secondly, damages in
  (Social policy — European Social Fund — Assistance in                respect of the material and non-material loss which the
  the financing of vocational training measures — New                  applicant claims to have suffered as a result of those
 decision following a judgment of the Court of Justice —               decisions — the Court of First Instance ( First Chamber),
 Legal certainty — Legitimate expectations — Prohibition               composed of A. Saggio, President, V. Tiili and R. M.
           of reformatio in pejus — Reasonable time)                   Moura Ramos, Judges; A. Mair, Administrator, for the
                                                                       Registrar, has given a judgment on 19 March 1997, in
                           ( 97/C 131 /37)                             which it :
                (Language of the case: Portuguese)                      1 . annuls the Commission 's decisions appointing Mr X as
                                                                             head of the Unit 'Negotiations and Management of
  In Case T-73/95 : Estabelecimentos Isidoro M. Oliveira,                    Agreements on Textiles; footwear; various ' following
  SA, established at Montijo, Portugal, represented by Dr                    the publication of Vacancy Notice COM/151 /94, and
 Joaquim Marques de Ascensão, of the Lisbon Bar, with an                     rejecting the applicant's candidature for that post;
  address for service at the office of Alberto de Sousa, União
  de Bancos Portugueses SA, 12 Rue de la Grève, against                 2 . dismisses the remainder of the application;
  Commission of the European Communities (Agents: Ana
  Maria Alves Vieira and Günter Wilms ) — application for
  the partial annulment of Commission Decision C(94)1410/               3 . orders the Commission to pay the costs.
  9 of 12 July 1994, notified to the applicant on
  28 December 1994, concerning financial assistance from                (') OJ No C 133,4 . 5 . 1996 .
  the European Social Fund for vocational training measures
  — the Court of First Instance ( First Chamber ), composed