CELEX: C2003/135/34
Language: en
Date: 2003-06-07 00:00:00
Title: Judgment of the Court of First Instance of 10 April 2003 in Joined Cases T-93/00 and T-46/01: Alessandrini Srl and Others v Commission of the European Communities (Bananas — Third-country imports — Regulation (EC) No 2362/98 — Import licences for bananas from ACP countries — Measures under Article 20(d) of Regulation (EEC) No 404/93 — Action for annulment — Action for compensation)

7.6.2003                EN                         Official Journal of the European Union                                          C 135/23
                                                        COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                  JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 27 March 2003
                                                                                                   of 10 April 2003
in Case T-33/00: Natalia Martínez Páramo and Others v
        Commission of the European Communities ( 1)
                                                                           in Joined Cases T-93/00 and T-46/01: Alessandrini Srl and
                                                                            Others v Commission of the European Communities ( 1)
(Officials — Competition — Selection board — Decision of
the selection board not admitting candidate to oral tests —
Scope of obligation to provide reasons — Scope of judicial
review — Requests for reexamination of marking — Com-                      (Bananas — Third-country imports — Regulation (EC)
pliance with rules governing the work of selection boards —                No 2362/98 — Import licences for bananas from ACP
                            Manifest error)                                countries — Measures under Article 20(d) of Regulation
                                                                           (EEC) No 404/93 — Action for annulment — Action for
                                                                                                    compensation)
                           (2003/C 135/33)
                                                                                                   (2003/C 135/34)
                    (Language of the case: French)
                                                                                             (Language of the case: Italian)
In Case T-33/00: Natalia Martínez Páramo, residing in Brussels,
Anna Sodro, residing in Sterrebeek (Belgium), Ines van Lierde,
residing in Beersel (Belgium), Jean-Martial Marenne, residing in
Brussels, Ron Moys, residing in West Mallins, Kent (United
Kingdom) and Michel Horgan, residing in Brussels, represented
by É. Boigelot, lawyer, with an address for service in Luxem-              In Joined Cases T-93/00 and T-46/01, Alessandrini Srl,
bourg, against Commission of the European Communities                      established in Treviso (Italy), Anello Gino di Anello Luigi & C.
(Agents: G. Valsesia and F. Clotuche-Duvieusart) — application             Snc, established in Brescia (Italy), Arpigi Spa, established in
for annulment of the decisions of the chairman of the selection            Padua (Italy), Bestefruit Srl, established in Milan (Italy), Co-
board for internal competitions to establish members of the                Frutta SpA, established in Padua, Co-Frutta Soc.coop.arl,
temporary staff (COM/TA/2/98 and COM/TB/2/98) not to                       established in Padua, Dal Bello SIFE Srl, established in Padua,
admit the applicants to the oral tests in those competitions               Frigofrutta Srl, established in Palermo (Italy), Garletti Snc,
after requests for reexamination of the marking of the written             established in Bergamo (Italy), London Fruit Ltd, established in
tests in those competitions were submitted by the applicants               London (United Kingdom), represented by W. Viscardini
— the Court of First Instance (Fifth Chamber), composed of                 Donà and G. Donà, lawyers, with an address for service in
R. García-Valdecasas, President, P. Lindh and J.D. Cooke,                  Luxembourg, v Commission of the European Communities
Judges; J. Palacio González, Principal Administrator, for the              (Agents: L. Visaggio, C. Van der Hauwaert, A. Dal Ferro and
Registrar, gave a judgment on 27 March 2003, in which it:                  G. Braun): Application, in Case T-93/00, for annulment of
                                                                           Commission letter No 02418 of 26 January 2000 and for
                                                                           compensation for damage allegedly suffered due to that act
1.     Dismisses the application;                                          and, in Case T-46/01, for annulment of Commission letter
                                                                           No AGR 030905 of 8 December 2000 and for compensation
                                                                           for damage allegedly suffered due to that act, the Court of First
2.     Orders the parties to bear their own costs.                         Instance (Fifth Chamber), composed of: R. García-Valdecasas,
                                                                           President, P. Lindh and J.D. Cooke, Judges; B. Pastor, Deputy
                                                                           Registrar, has given a judgment on 10 April 2003, in which it:
( 1) OJ 2000 C 135.
                                                                           1.   Dismisses the applications in Joined Cases T-93/00 and T-46/
                                                                                01;
 ---pagebreak--- C 135/24                EN                         Official Journal of the European Union                                              7.6.2003
2.     Orders the applicants to pay their own costs and those of the            JUDGMENT OF THE COURT OF FIRST INSTANCE
       Commission in Joined Cases T-93/00 and T-46/01.
                                                                                                      of 3 April 2003
( 1) OJ C 176 of 24.6.2000 and C 134 of 5.5.2001.
                                                                           in Case T-342/00: Petrolessence SA and Société de gestion
                                                                           de restauration routière SA (SG2R) v Commission of the
                                                                                                European Communities (1)
                                                                           (Competition — Regulation (EEC) No 4064/89 — Decision
                                                                           declaring a merger compatible with the common market —
     JUDGMENT OF THE COURT OF FIRST INSTANCE                               Petroleum sector — Commitments — Decision refusing
                                                                           approval of transferees — Inadmissibility — Definitive
                                                                           binding act — Infringement of essential procedural require-
                          of 10 April 2003                                 ments — Procedural time-limits for reply — Error of
                                                                                                        assessment)
in Case T-195/00: Travelex Global and Financial Services
Ltd and Interpayment Services Ltd v Commission of the
                   European Communities ( 1)                                                          (2003/C 135/36)
(Non-contractual liability — Directive 89/104/EEC — Trade                                        (Language of the case: French)
                 marks — Official euro symbol)
                          (2003/C 135/35)
                   (Language of the case: English)                         In Case T-342/00: Petrolessence SA, established in Nancy
                                                                           (France), Société de gestion de restauration routière SA (SG2R),
                                                                           established in Nancy, represented by F. Puel and M. Troncoso
                                                                           Ferrer, avocats, with an address for service in Luxembourg,
                                                                           against Commission of the European Communities (Agents:
                                                                           W. Mölls, F. Siredey-Garnier and F. Lelièvre), supported by
In Case T-195/00, Travelex Global and Financial Services Ltd,              French Republic (Agents: G. de Bergues and F. Million) —
formerly Thomas Cook Group Ltd, established in London                      application for the annulment of the Commission decision
(United Kingdom), Interpayment Services Ltd, established in                of 13 September 2000 rejecting TotalFina Elf’s proposal
London, represented by C. Delcorde and D. Alexander, lawyers,              concerning approval of the applicants as transferees of six
with an address for service in Luxembourg, v Commission of                 motorway service stations — the Court of First Instance (Fifth
the European Communities (Agents: K. Banks and R. Z. Swift):               Chamber), composed of J.D. Cooke, President, R. García-
Application for compensation for the damage allegedly caused               Valdecasas and P. Lindh, Judges; B. Pastor, Deputy Registrar,
to the applicants by the Commission’s adoption, use and                    for the Registrar, has given a judgment on 3 April 2003, in
promotion of the official euro symbol, which is allegedly                  which it:
substantially identical to a graphic trade mark registered by
the applicants, the Court of First Instance (Fifth Chamber),
composed of: J.D. Cooke, President, R. García-Valdecasas and
P. Lindh, Judges; J. Plingers, Administrator, for the Registrar,           1.     Dismisses the application as unfounded;
has given a judgment on 10 April 2003, in which it:
                                                                           2.     Orders the applicants to bear their own costs and pay those of
1.     Dismisses the action;                                                      the Commission, including the costs relating to the application
                                                                                  for interim relief.
2.     Orders the applicants to pay the costs.
                                                                           (1 ) OJ C 4 of 6.1.01.
( 1) OJ C 302 of 21.10.2000.