CELEX: C1998/055/47
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 December 1997 in Case T-159/95: Luigia Dricot and Others v. Commission of the European Communities (Officials - Internal competition for advancement from Category C to Category B - Decision of the Board failing candidates at the oral test - Consistency between complaint and application - Principle of equal treatment for men and women - Principle of non-discrimination - Scope of the obligation to state reasons - Assessment of the Board)

20.2.98              EN                 Official Journal of the European Communities                                  C 55/23
                                                  COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          represented by Jean-NoeÈl Louis, Thierry Demaseure,
                    of 17 December 1997                            VeÂronique Leclerq and Ariane Tornel, of the Brussels Bar,
                                                                   with an address for service in Luxembourg at Fiduciaire
in Case T-152/95: Odette Nicos Petrides Co. Inc. v.                Myson Sarl, 30 rue de Cessange, against Commission of
       Commission of the European Communities (1)                  the European Communities (Agents: Gianluigi Valsesia
(Common organisation of the market in raw tobacco Ð                and Ana Maria Alves Vieira) Ð application for the
Management by the Commission Ð Action for                          annulment of decisions of the Selection Board in internal
compensation Ð Time bar Ð Principle of proportionality             competition COM/B/9/93, awarding to the applicants, at
               Ð Principle of equal treatment)                     the oral tests in that competition, a mark below the
                                                                   minimum required by the notice of competition and
                        (98/C 55/46)                               therefore refusing to include their names on the list of
                                                                   eligible candidates Ð the Court of First Instance (Fourth
                (Language of the case: French)                     Chamber), composed of K. Lenaerts, President, P. Lindh
                                                                   and J. D. Cooke, Judges; A. Mair, administrator, for the
In Case T-152/95: Odette Nicos Petrides Co. Inc.,                  Registrar, gave a judgment on 17 December 1997, the
established in Kavala (Greece), represented by Edouard             operative part of which is as follows:
Didier and JoeÈl GrangeÂ, of the Paris Bar, with an address
for service in Luxembourg at the Chambers of Carlos
                                                                   1. The application is dismissed.
Zeyen, 67 rue Ermesinde, against Commission of the
European Communities (Agent: GeÂrard Berscheid) Ð
application for an order requiring the Commission to pay           2. The parties shall each bear their own costs.
damages pursuant to Article 178 and the second
paragraph of Article 215 of the EC Treaty as
compensation for the damage resulting from certain action          (1) OJ C 268, 14.10.1995.
taken by it in managing the common organisation of the
market in raw tobacco in the period 1990 to 1991 Ð the
Court of First Instance (Fourth Chamber), composed of:
K. Lenaerts, President, P. Lindh and J. D. Cooke, Judges;
J. Palacio GonzaÂlez, Administrator, for the Registrar, has
given a judgment on 17 December 1997, in which it:
                                                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
1. dismisses the application;                                                          of 17 December 1997
                                                                         in Case T-110/96: Dominique-FrancËois Bareth v.
2. orders the applicant to pay the costs.                                          Committee of the Regions (1)
                                                                   (Officials Ð Internal competition Ð Refusal to appoint a
(1) OJ C 268, 14.10.1995.
                                                                   successful candidate Ð Misuse of power Ð Principle of
                                                                          equal treatment Ð Obligation to state reasons)
                                                                                           (98/C 55/48)
                                                                                  (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 17 December 1997
                                                                   In Case T-110/96: Dominique-FrancËois Bareth, an official
       in Case T-159/95: Luigia Dricot and Others v.
                                                                   of the Economic and Social Committee of the European
       Commission of the European Communities (1)
                                                                   Union, residing in Brussels, represented by Jean-NoeÈl
(Officials Ð Internal competition for advancement from             Louis, Thierry Demaseure and Ariane Tornel, of the
Category C to Category B Ð Decision of the Board failing           Brussels Bar, with an address for service in Luxembourg at
candidates at the oral test Ð Consistency between                  Fiduciaire Myson Sarl, 30 rue de Cessange, against
complaint and application Ð Principle of equal treatment           Committee of the Regions (Agent: Dominique Lagasse) Ð
for men and women Ð Principle of non-discrimination Ð              application for the annulment of the decision of the
Scope of the obligation to state reasons Ð Assessment of           Committee of the Regions of 20 September 1995
                          the Board)                               inasmuch as it refuses to appoint the applicant to one of
                                                                   the vacant posts referred to in the notice of internal
                        (98/C 55/47)
                                                                   competition A/02/95 and appoints other successful
                                                                   candidates to those posts Ð the Court of First Instance
                (Language of the case: French)                     (Fourth Chamber), composed of K. Lenaerts, President, P.
                                                                   Lindh and J. D. Cooke, Judges; A. Mair, Administrator,
In Case T-159/95: Luigia Dricot and 29 other applicants,           for the Registrar, gave a judgment on 17 December 1997,
officials of the Commission of the European Communities,           the operative part of which is as follows: