CELEX: C1998/397/57
Language: en
Date: 1998-12-19 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 November 1998 in Case T-217/96: Lut Fabert-Goossens v. Commission of the European Communities (Temporary staff - Selection procedure - Professional experience required - Classification in grade)

19.12.98             EN                  Official Journal of the European Communities                                    C 397/29
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           the LieÁge Bar, with an address for service in Luxembourg
                                                                    at the Chambers of Evelyne Korn, 21 Rue de Nassau, v
                    of 12 November 1998
                                                                    Commission of the European Communities (Agents: Julian
in Case T-91/96 (125): Council of the European Union v.             Currall and Bertrand Wägenbaur) Ð application,
                      Nicole Hankart (1)                            primarily, for annulment of the Commission's decision of
                                                                    24 May 1995 reviewing the applicant's classification in
(Officials Ð Action for revision Ð Decisive new fact Ð              step and classifying him, as at 1 June 1991, in grade A 7,
                    None Ð Inadmissible)                            step 2 and not grade A 7, step 3 Ð the Court of First
                                                                    Instance (Second Chamber), composed of: C. W. Bellamy,
                         (98/C 397/55)
                                                                    President, A. Potocki and J. Pirrung, Judges; J. Palacio
                                                                    GonzaÂlez, Administrator, for the Registrar, has given a
                                                                    judgment on 21 October 1998, in which it:
               (Language of the case: French)
In Case T-91/96 (125): Council of the European Union                1. Annuls the Commission's decision of 24 May 1995 in
(Agent: TheÂreÁse Blanchet) v. Nicole Hankart, an official of            so far as it classifies the applicant in grade A 7, step 2
the Commission of the European Communities, residing at                  as at 1 June 1991 and in grade A 7, step 3 as at
Rhode-Saint-GeneÁse (Belgium), represented initially by                  28 September 1993;
Jean-NoeÈl Louis, Thierry Demaseure, VeÂronique Leclercq
and Ariane Tornel, of the Brussels Bar, and subsequently
by Messrs Louis and Demaseure alone, with an address                2. Dismisses the remainder of the application;
for service in Luxembourg at the Offices of Fiduciaire
Myson SARL, 30 Rue de Cessange Ð application for
revision of the judgment of the Court of First Instance of
17 February 1998 in Case T-91/96 Hankart v. Council                 3. Orders the Commission to pay all of the costs.
[1998] ECR-SC II-149 Ð the Court of First Instance
(Fourth Chamber), composed of: R. M. Moura Ramos,
President, and V. Tiili and P. Mengozzi, Judges; H. Jung,           (1) OJ C 247, 24.8.1996.
Registrar, has given a judgment on 12 November 1998, in
which it:
1. Dismisses the application for revision as inadmissible;
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
2. Orders the Council to pay the costs.
                                                                                         of 17 November 1998
(1) OJ C 233, 10.8.1996.                                            in Case T-217/96: Lut Fabert-Goossens v. Commission of
                                                                                     the European Communities (1)
                                                                    (Temporary staff Ð Selection procedure Ð Professional
                                                                           experience required Ð Classification in grade)
                                                                                              (98/C 397/57)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 21 October 1998                                             (Language of the case: French)
in Case T-100/96: Miguel Vicente-NunÄez v. Commission
              of the European Communities (1)
                                                                    In Case T-217/97: Lut Fabert-Goossens, a member of the
(Officials Ð Classification Ð Additional seniority Ð                temporary staff of the Commission of the European
Professional experience and university education prior to           Communities, represented by Marc-Albert Lucas, of the
                          recruitment)                              LieÁge Bar, with an address for service in Luxembourg at
                                                                    the Chambers of Evelyne Korn, 21 de Nassau, v.
                         (98/C 397/56)
                                                                    Commission of the European Communities (Agent: Julian
                                                                    Currall, assisted by Denis Waelbroeck) Ð application for
                                                                    annulment of the Commission's decision to recruit the
               (Language of the case: French)                       applicant as a member of the temporary staff in the
                                                                    context of selection procedure 50T/XVI/93 instead of
                                                                    selection procedure 71T/TFRH/93, and to classify her in
In Case T-100/98: Miguel Vicente-NunÄez, an official of             grade A 7 rather than grade A 5 Ð the Court of First
the Commission of the European Communities, residing at             Instance (First Chamber), composed of: B. Vesterdorf,
Krainem (Belgium), represented by Marc-Albert Lucas, of             President, R. M. Moura Ramos and P. Mengozzi, Judges;
 ---pagebreak--- C 397/30              EN               Official Journal of the European Communities                                  19.12.98
J. Palacio GonzaÂlez, Administrator, for the Registrar, has         JUDGMENT OF THE COURT OF FIRST INSTANCE
given a judgment on 17 November 1998, in which it:                                    of 12 November 1998
                                                                  in Case T-294/97: Manuel TomaÂs Carrasco Benítez v.
1. Dismisses the action;                                                  Commission of the European Communities (1)
                                                                  (Officials Ð Internal competition reserved for Category A
2. Orders the parties to bear their own costs.                    temporary staff Ð Application by a Grade B 5 official Ð
                                                                           Unlawfulness of the notice of competition)
(1) OJ C 54, 22.2.1997.                                                                    (98/C 397/59)
                                                                                 (Language of the case: French)
                                                                  In Case T-294/97: Manuel TomaÂs Carrasco Benítez, an
                                                                  official of the Commission of the European Communities,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                         residing in London, represented by Jean-NoeÈl Louis,
                    of 17 November 1998                           Thierry Demaseure, FrancËoise Parmentier and, initially,
                                                                  Ariane Tornel, of the Brussels Bar, with an address for
in Case T-131/97: Carmen Gómez de Enterría y Sanchez              service in Luxembourg at the Offices of Fiduciaire Myson
                  v. European Parliament (1)                      SARL, 30 Rue de Cessange, v. Commission of the
(Officials Ð Retirement Ð Article 50 of the Staff                 European Communities (Agent: Julian Currall) Ð
                         Regulations)                             application for annulment of the decision of the selection
                                                                  board in competition COM/T/A/97 not to admit the
                        (98/C 397/58)                             applicant to the tests in the competition, which had been
                                                                  organised in order to constitute a reserve list of assistant
                                                                  administrators, administrators and principal administrators
               (Language of the case: French)                     Ð the Court of First Instance (Fourth Chamber),
                                                                  composed of: P. Lindh, President, and K. Lenaerts and
                                                                  J. D. Cooke, Judges; J. Palacio GonzaÂlez, Administrator,
In Case T-131/97: Carmen Gómez de Enterría y Sanchez,             for the Registrar, has given a judgment on 12 November
a former official of the European Parliament, represented         1998, in which it:
by Eric Boigelot, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of Louis Schiltz, 2
Rue du Fort Rheinsheim, v. European Parliament (Agent:            1. Annuls the decisions of the selection board of 14 April
Manfred Peter, assisted by Denis Walbroeck) Ð                         and 12 May 1997 in internal competition COM/T/A/
application for annulment of the decision adopted                     97, refusing to admit Manuel TomaÂs Carrasco Benítez
pursuant to Article 50 of the Staff Regulation of officials           to the tests in that competition;
of the European Communities by the European Parliament
at its meeting on 15 and 16 July 1996, by which it retired
the applicant and rejected her applications for two other         2. Orders the Commission to pay the costs.
posts in the same grade Ð the Court of First Instance
(First Chamber), composed of: B. Vesterdorf, President,           (1) OJ C 26, 24.1.1998.
R. M. Moura Ramos and P. Mengozzi, Judges; A. Mair,
Administrator, for the Registrar, has gien a judgment on
17 November 1998, in which it:
1. Declares the action inadmissible in so far as it seeks
     annulment of that section of the operative part of the                      ORDER OF THE PRESIDENT
     decision adopted by the European Parliament at its                     OF THE COURT OF FIRST INSTANCE
     meeting on 15 and 16 July 1996 which confirms the
     rejection of the application by the applicant for the                             of 21 October 1998
     post of Director-General of the Parliament's                 in Case T-40/95 R II: V v. Commission of the European
     Directorate-General 1;                                                                 Communities
                                                                  (Officials Ð Applications for interim measures Ð
2. Dismisses the remainder of the action;                              Disciplinary procedure Ð No need to adjudicate)
                                                                                           (98/C 397/60)
3. Orders the parties to bear their own costs.
                                                                                 (Language of the case: French)
(1) OJ C 212, 12.7.1997.
                                                                  In Case T-40/95 R II: V, an official of the Commission of
                                                                  the European Communities, represented by Jean-NoeÈl