CELEX: C1998/113/37
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) of 5 March 1998 in Case T-221/96: Immacolata Manzo-Tafaro v. Commission of the European Communities (Officials - Refusal to promote an official - Consideration of comparative merits - Age and seniority taken into consideration)

11.4.98              EN                  Official Journal of the European Communities                                  C 113/15
residing at Luxembourg, represented by Jean-NoeÈl Louis,            the Commission's decision published on 9 April 1996 in
of the Brussels Bar, with an address for service in                 so far as it refuses to promote the applicant to grade C 1
Luxembourg at the offices of Fiduciaire Myson, 30 rue de            in the 1996 promotions exercise Ð the Court of First
Cessange, v. Court of Justice of the European                       Instance (Fourth Chamber), composed of P. Lindh,
Communities (Agent: Timothy Millett) Ð application for              President, K. Lenaerts and J. D. Cooke, Judges; B. Pastor,
annulment of the decision of the Court of Justice of                Principal Administrator, gave a judgment on 5 March
5 December 1995 appointing the applicant an official and            1998, in which it:
assigning her to the post of typist, in so far as that
decision classified her in grade C 4, step 3 Ð the Court of
First Instance (Second Chamber), composed of A.                     1. dismissed the application,
Kalogeropoulos, President, and C. W. Bellamy and J.
Pirrung, Judges; A. Mair, Administrator, for the Registrar,
has given a judgment on 4 March 1998, in which it:                  2. ordered the Commission to pay the costs.
                                                                    (1) OJ C 54, 22.2.1997.
1. annuls the decision of the Court of Justice of
    5 December 1995 appointing the applicant to the post
    of typist in grade C 4, in so far as it classifies her in
    step 3 of that grade,
2. orders the Court of Justice to pay the costs, apart
    from those incurred by the Council of the European                   ORDER OF THE COURT OF FIRST INSTANCE
    Union and those incurred by the applicant as a result                                of 13 February 1998
    of the Council's intervention,
                                                                          in Case T-275/97: GueÂrin Automobiles EURL v.
                                                                           Commission of the European Communities (1)
3. orders the Council to bear its own costs and to pay              (Action for annulment Ð Time limit for bringing
    the costs incurred by the applicant as a result of its                    proceedings Ð Manifest inadmissibility)
    intervention.
                                                                                            (98/C 113/38)
(1) OJ C 354, 23.11.1996.
                                                                                    (Language of the case: French)
                                                                    In Case T-275/97: GueÂrin Automobiles EURL, a company
                                                                    in judicial liquidation, established at AlencËon (France),
                                                                    acting in the person of Xavier LemeÂe, liquidator,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           represented by Jean-Claude Fourgoux, of the Paris and
                                                                    Brussels Bar, with an address for service in Luxembourg at
                      (Fourth Chamber)                              the Chambers of Pierrot Schiltz, 4 rue BeÂatrix de Bourbon,
                       of 5 March 1998                              v. Commission of the European Communities Ð
                                                                    application for annulment of Decision SG(97) D/3183 of
      in Case T-221/96: Immacolata Manzo-Tafaro v.                  the Commission of 25 April 1997 rejecting GueÂrin
       Commission of the European Communities (1)                   Automobiles' complaint concerning the standard-form
                                                                    dealership agreement for Nissan motor vehicles in France
(Officials Ð Refusal to promote an official Ð                       and the application thereof (Case IV-35.095 GueÂrin/
Consideration of comparative merits Ð Age and seniority             Nissan France) Ð the Court of First Instance (Second
                  taken into consideration)                         Chamber), composed of A. Kalogeropoulos, President, and
                        (98/C 113/37)                               C. W. Bellamy and J. Pirrung, Judges; H. Jung, Registrar,
                                                                    made an order on 13 February 1998, the operative part of
                                                                    which is as follows:
               (Language of the case: French)
                                                                    1. the application is dismissed as manifestly inadmissible,
In Case T-221/96: Immacolata Manzo-Tafaro, official
working for the Commission of the European
                                                                    2. the applicant is ordered to bear its own costs.
Communities, residing at Brussels, represented by Lucas
Vogel, of the Brussels Bar, with an address for service in
Luxembourg at the Chambers of Christian Kremer, 8Ð10                (1) OJ C 7, 10.1.1998.
rue Mathias Hardt, against the Commission of the
European Communities (Agents: Julian Currall and
Christine Berardis-Kayser) Ð application for annulment of