CELEX: C1996/180/76
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 21 May 1996 in Case T-153/95, Raymond Kaps v. Court of Justice of the European Communities (Officials - Competition - Selection board - Oral test - Decision of selection board not to enter the applicant on the reserve list - Scope of the duty to state reasons - Scope of judicial review)

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 .