CELEX: C1996/180/75
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 May 1996 in Case T-326/94: Konstantinos Dimitriadis v. Court of Auditors of the European Communities (Official - Staff report - Damages)

No C 180/28            EN                 Official Journal of the European Communities                                    22 . 6 . 96
                                                    COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                             Eric Boigelot, of the Brussels Bar, with an address for service
                         of 8 May 1996                               in Luxembourg at the Chambers of Louis Schiltz, 2 Rue du
in Case T-19/95 : Adia Interim SA v . Commission of the
                                                                     Fort Rheinsheim, v. European Parliament (Agents : Gregorio
                                                                     Garzón Clariana and Manfred Peter) — application for
                   European Communities ( J )                        annulment of the decision, based on Article 50 of the Staff
 (Public service contract — Agency staff — Tender vitiated           Regulations of officials of the European Communities,
 by a calculation error — Statement ofreasons ofthe decision         retiring the applicant from service — the Court of First
rejecting the tender — No obligation for the contracting             Instance (Third Chamber ), composed of: C. P. Briët,
              authority to contact the tenderer)                     President, and B. Vesterdorf and A. Potocki, Judges; H.
                          ( 96/C 180/73 )                            Jung, Registrar, has given a judgment on 14 May 1996 , in
                                                                     which it :
                 (Language of the case: French)
                                                                      1 . Dismisses the action as inadmissible in so far as it
In Case T-19/95 : Adia Interim SA, having its registered                  requests the Court to issue directions to the European
office in Brussels, represented by Vincent Thiry, of the Liège            Parliament.
Bar , Christian Jacobs, Rechtsanwalt, Bremen, Hans
Joachim Prieß and Klaus Heinemann, Rechtsanwälte,
Cologne, with an address for service in Luxembourg at the            2 . Annuls the decision retiring the applicant from service,
Chambers of Tom M. Gilliams, 47 Grand-Rue, v.                             which was communicated to the applicant by letters
Commission of the European Communities ( Agents:                          from the President of the Parliament of 30 November
Xénophon A. Yataganas and Hendrik van Lier ) —                            1994 and 19 December 1994 .
application for annulment of the Commission decision,
communicated to the applicant on 5 December 1994,
informing it that the tender which it submitted in response          3 . Orders the Parliament to pay the costs.
to invitation to tender No 94/21/IX.C.1 on the supply of
agency staff had been rejected, and for annulment of the
Commission's decision, communicated to the applicant on              P ) OJ No C 137, 3 . 6 . 1995 .
21 December 1994 , awarding the contracts in question to
the companies Ecco , Gregg and Manpower — the Court of
First Instance ( Fourth Chamber), composed of: K. Lenaerts,
President, P. Lindh and J. D. Cooke, Judges, Registrar: B.
Pastor, Principal Administrator, has given a judgment on
8 May 1996 , in which it:
 1 . Dismisses the application.                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                             of 15 May 1996
2 . Orders the applicant to pay the costs.                           in Case T-326/94 : Konstantinos Dimitriadis v. Court of
                                                                              Auditors of the European Communities (^
(') OJ No C 87, 8 . 4 . 1995 .
                                                                                 (Official — Staff report — Damages)
                                                                                              ( 96/C 180/75 )
                                                                                     (Language of the case: Greek)
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 14 May 1996                              In Case T-326/94 : Konstantinos Dimitriadis, an official of
in Case T-82/95 : Carmen Gómez de Enterría y Sánchez v.             the Court of Justice of the European Communities and
                    European Parliament ( 1 )                       formerly an official of the Court of Auditors of the
(Officials  — Retirement — Article 50 of the Staff                  European Communities, residing in Luxembourg,
Regulations — Protection of the interests of the official           represented by Markos Papazisis of the Salonika Bar, with
                             concerned)                             an address for service in Luxembourg at the applicant's
                         ( 96/C 180/74 )                            residence, 4A Boulevard Grand-Duchesse Charlotte, against
                                                                    the Court of Auditors of the European Communities
                                                                    ( Agents : Jean-Marie Stenier, Christos Komninos and Paolo
                (Language of the case: French)                      Giusta ) — application for the annulment of the applicant's
                                                                    staff report of 13 July 1994 and compensation for the
In Case T-82/95 : Carmen Gomez de Enterría y Sanchez, a             damage allegedly suffered — the Court of First Instance
former official of the European Parliament, represented by          ( Fifth Chamber ), composed of R. Schintgen ( President of the
 ---pagebreak--- 22. 6 . 96          EN                    Official Journal of the European Communities                              No C 180/29
Chamber), R. Garcia-Valdecasas and J. Azizi, Judges; H.                            ORDER OF THE PRESIDENT
Jung, Registrar, has given a judgment on 15 May 1996 , in                     OF THE COURT OF FIRST INSTANCE
which it :                                                                               of 29 March 1996
                                                                     in Case T-24/96 R: U. v. European Centre for the
1 . Dismisses the application.                                                  Development of Vocational Training
                                                                                             ( 96/C 180/77 )
2 . Orders the parties to bear their own costs.
                                                                                   (Language of the case: German)
H OJ No C 331 , 26 . 11 . 1994 .
                                                                     In Case T-24/96 R: U, an official of the European Centre for
                                                                     the Development of Vocational Training, residing in Berlin,
                                                                     represented by Frank Montag, Rechtsanwalt, Brussels, with
                                                                     an address for service in Luxembourg at the Chambers of
                                                                     Aloyse May, 31 Grand-Rue , v. European Centre for the
                                                                     Development of Occupational Training (Agent: Bertrand
JUDGMENT OF THE COURT OF FIRST INSTANCE                              Wägenbaur ) — application, first, for suspension of
                                                                     operation of the defendant's decision transferring the
                        of 21 May 1996                               applicant to Thessaloniki and, second, for an order that the
in Case T-153/95 , Raymond Kaps v. Court of Justice of the           applicant's posting in the Commission's office in Berlin be
                  European Communities (*)                           maintained for the time being — the President of the Court
(Officials — Competition — Selection board — Oral test —             of First Instance made an order on 29 March 199 6 , the
Decision ofselection board not to enter the applicant on the         operative part of which is as follows :
reserve list — Scope of the duty to state reasons — Scope of
                         judicial review)
                          ( 961C 180/76 )                            1 . The suspension granted by the order of the President of
                                                                         the Court of First Instance of 29 February 1996 is
                                                                         renewed up to and including 12 April 1996. Until that
                (Language of the case: French)                           date, the applicant's posting in Berlin is to continue;
In Case T-153/95 : Raymond Kaps, an official of the Court            2 . The remainder ofthe application for interim measures is
of Justice of the European Communities, residing in                      dismissed:
Schifflange, represented by Jean-Noël Louis, Thierry
Demaseure, Véronique Leclercq and Ariane Tornel, all of
the Brussels Bar, with an address for service in Luxembourg          3.  The costs are reserved.
at the offices of Fiduciaire Myson Sari, 1 Rue Glesener,
against the Court of Justice of the European Communities
( Agent: Timothy Millett ) — application for the annulment
of the selection board's decisions in the internal competition
by tests No CJ 51 /93 awarding the applicant marks for his
written and oral tests which did not qualify him for entry on
the reserve list and, in so far as necessary, the annulment of
the defendant's decision not to enter the applicant on the
reserve list of Competition No CJ 51/93 and of the decision
of the complaints committee of 15 May 1995 rejecting the             Action brought on 22 March 1996 by Eyckeler & Malt AG
applicant's complaint — the Court of First Instance ( Fifth            against the Commission of the European Communities
Chamber ), composed of R. Schintgen ( President of the                                     ( Case T-42/96 )
Chamber ), R. Garcia-Valdecasas and J. Azizi , Judges; B.                                    ( 96/C 180/78 )
Pastor, Principal Administrator, for the Registrar, has given
a judgment on 21 May 1996 , in which it:
                                                                                   (Language of the case: German)
1 . Dismisses the application.
                                                                     An action against the Commission of the European
2 . Orders the parties to bear their own costs.                      Communities was brought before the Court of First
                                                                     Instance of the European Communities on 22 March 1 996
                                                                     by Eyckeler & Malt AG, of Hilden ( Federal Republic of
C ) OJ No C 248 , 23 . 9 . 1995 .                                    Germany ), represented by Dietrich Ehle and Volker Schiller,
                                                                     Rechtsanwälte , Cologne, with an address for service in
                                                                     Luxembourg at the Chambers of Marc Lucius, 6 Rue Michel
                                                                     Welter .