CELEX: C2002/233/40
Language: en
Date: 2002-09-28 00:00:00
Title: Judgment of the Court of First Instance of 9 July 2002 in Case T-70/01: Pier V. Aimone v Court of Justice of the European Communities (Officials — Leave on personal grounds — Refusal to reintegrate — Automatic dismissal — Articles 40(4)(d) and 49, second paragraph, of the Staff Regulations)

C 233/22                 EN                        Official Journal of the European Communities                                       28.9.2002
                                                            COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                       JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                          of 9 July 2002
                             of 9 July 2002
                                                                              in Case T-233/01: Daniel Caillebout v Commission of the
                                                                                                  European Communities (1)
in Case T-70/01: Pier V. Aimone v Court of Justice of the                     (Officials — Promotion — Absence of definitive staff report
                    European Communities ( 1)                                            — Consideration of the comparative merits)
                                                                                                         (2002/C 233/41)
(Officials — Leave on personal grounds — Refusal to
reintegrate — Automatic dismissal — Articles 40(4)(d)                                             (Language of the case: French)
      and 49, second paragraph, of the Staff Regulations)
                                                                              In Case T-233/01: Daniel Caillebout, an official of the Com-
                                                                              mission of the European Communities, residing in Mondorf-
                            (2002/C 233/40)                                   les-Bains (Luxembourg), represented by J.-N. Louis and
                                                                              V. Peere, lawyers, with an address for service in Luxembourg,
                                                                              against Commission of the European Communities (Agent:
                     (Language of the case: Italian)                          C. Berardis-Kayser) — application for annulment of the
                                                                              decision of the Commission of 14 August 2000 not to
                                                                              promote the applicant to Grade B 2 in the 2000 promotions
                                                                              procedure — the Court of First Instance (Third Chamber),
                                                                              composed of M. Jaeger, President, K. Lenaerts and J. Azizi,
                                                                              Judges; J. Plingers, Administrator, for the Registrar, gave a
                                                                              judgment on 9 July 2002, in which it:
In Case T-70/01: Pier V. Aimone, a former official at the Court
of Justice of the European Communities, residing in Fribourg                  1.     annuls the decision of the Commission of 14 August 2000 not
(Switzerland), represented by R. Ventura, lawyer, against Court                      to promote the applicant to Grade B 2 in the 2000 promotions
of Justice of the European Communities (Agents: M. Schauss                           procedure;
et A. Dal Ferro) — application for, first, annulment of the
decision of the Court of Justice of 22 May 2000 automatically                 2.     orders the Commission to pay the costs.
removing the official from his post with effect from 1 June
2000 and, secondly, compensation to make good the non-
material and psycho-physiological damage allegedly suffered                   (1 ) OJ C 331 of 24.11.2001.
as a result of that decision — the Court of First Instance (Fifth
Chamber) composed of J.D. Cooke, President, R. García-
Valdecasas and P. Lindh, Judges; J. Palacio González, Adminis-
trator, for the Registrar, gave a judgment on 9 July 2002, in
which it:
                                                                                     ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                         of 14 June 2002
1.     dismisses the application for annulment;
                                                                              in Case T-173/01: Asahi Vet SA v Commission of the
                                                                                                  European Communities (1)
2.     dismisses the claim for compensation;
                                                                              (Authorisation of an additive in animal feedingstuffs — No
3.     orders the parties to bear their own costs.                                                         need to rule)
                                                                                                         (2002/C 233/42)
( 1) OJ C 150 of 19.5.2001.                                                                      (Language of the Case: German)
                                                                              In Case T-173/01: Asahi Vet SA, established in Barcelona
                                                                              (Spain), represented by C. Bittner, Lawyer, against Commission