CELEX: C2002/097/20
Language: en
Date: 2002-04-20 00:00:00
Title: Judgment of the Court of First Instance 11 December 2001 in Case T-46/00: Kvitsjøen AS v Commission of the European Communities (Fisheries — Measures for the conservation and management of fishery resources applicable to vessels flying the flag of Norway — Withdrawal of a licence and special fishing permit — Audi alteram partem principle — Principle of proportionality)

C 97/10                EN                    Official Journal of the European Communities                                       20.4.2002
                                                       COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                 JUDGMENT OF THE COURT OF FIRST INSTANCE
                       11 December 2001                                                         of 23 January 2002
in Case T-46/00: Kvitsjøen AS v Commission of the
                                                                        in Case T-101/00: Miguel Ángel Martı́n de Pablos v
                  European Communities (1)
                                                                                Commission of the European Communities (1)
(Fisheries — Measures for the conservation and management
of fishery resources applicable to vessels flying the flag of           (Officials — Open competition — Non-admission of the
Norway — Withdrawal of a licence and special fishing                    applicant to the oral test — Action for annulment — Action
permit — Audi alteram partem principle — Principle of                                               for damages)
                         proportionality)
                                                                                                   (2002/C 97/21)
                          (2002/C 97/20)
                                                                                            (Language of the case: Spanish)
                   (Language of the case: Dutch)
Case T-46/00, Kvitsjøen AS, established in Fosnavag (Norway),           In Case T-101/00: Miguel Ángel Martı́n de Pablos, residing in
represented by K. Storalm, J. Hoekstra and G. Vanquathem,               Madrid, represented by J. Moreno Núñez, lawyer, of Calle
lawyers, with an address for service in Luxembourg, v Com-              Santo Cruz de Marcenado 7, Madrid, v Commission of the
mission of the European Communities, represented by T. van              European Communities (Agents: G. Valsesia, J. Currall and
Rijn, acting as Agent, assisted by F. Tuytschaever, lawyer, with        E. Gippini Fournier) — application, first, for annulment of the
an address for service in Luxembourg: application for the               decision of the selection board refusing to admit the applicant
annulment of the Commission decision of 22 December 1999                to the oral test in open competition COM/A/11/98 and,
withdrawing from the Norwegian fishing vessel Kvitsjøen its             second, for compensation for the damage allegedly caused by
licence and special fishing permit for Community waters and             the late notification of that decision — the Court of First
refusing to grant it that licence and permit before 30 June             Instance (First Chamber), composed of: B. Vesterdorf, Presi-
2000, the Court of First Instance (Fifth Chamber), composed             dent, and N. Forwood and H. Legal, Judges; J. Plingers, Admi-
of: P. Lindh, President, R. Garcı́a-Valdecasas and J.D. Cooke,          nistrator, for the Registrar, has given a judgment on 23 January
Judges, Registrar: J. Plingers, Administrator, has given a judg-        2002, in which it:
ment on 11 December 2001, in which it has ruled:
                                                                        1.    Dismisses the application;
1.    Dismisses the action;
                                                                        2.    Orders the parties to bear their own costs, including those
2.    Orders the applicant to pay its own costs and those of the              relating to the proceedings for interim measures.
      Commission.
(1) OJ C 135 of 13.5.2000.                                              (1) OJ C 211 of 22.7.2000.