CELEX: C2003/171/36
Language: en
Date: 2003-07-19 00:00:00
Title: Judgment of the Court of First Instance of 22 May 2003 in Case T-249/01: Marc Boixader Rivas against European Parliament (Officials — Competitions — Notice — Conditions for admission — Licenciatura degree or equivalent — Degree in technical engineering — Knowledge of a second official language — Evidence — Action for annulment — Decision of the selection board — Objection of illegality of the notice of competition

19.7.2003               EN                          Official Journal of the European Union                                           C 171/23
 of the European Communities (Agents: C. Berardis-Kayser and                     JUDGMENT OF THE COURT OF FIRST INSTANCE
B. Wägenbaur) — application for annulment of the decision
of 17 April 2000 of the selection board for Open Competition                                          of 10 April 2003
COM/A/12/98 not to include the applicant on the list of
successful candidates in that competition — the Court of First
Instance (Fifth Chamber), composed of R. García-Valdecasas,                 in Case T-186/01, Nicole Robert v European Parliament (1)
President, P. Lindh and J.D. Cooke, Judges; D. Christensen,
Administrator, for the Registrar; has given a judgment on                        (Officials — Actions — Deadlines — Inadmissibility)
20 May 2003 in which it:
                                                                                                      (2003/C 171/35)
1.     Dismisses the application;
2.     Orders the parties to bear their own costs.                                              (Language of the case: French)
( 1) OJ C 186, 30. 6. 2001.
                                                                            In Case T-186/01: Nicole Robert, an official of the European
                                                                            Parliament, resident in Strassen (Luxembourg), represented by
                                                                            A. Lorang, lawyer, with an address for service in Luxembourg,
                                                                            against European Parliament (Agents: H. von Hertzen and
                                                                            D. Moore) — application for annulment of the decision of the
                                                                            Parliament not to promote the applicant to Grade B 1 in the
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                promotion year 1999 — the Court of First Instance (Fifth
                                                                            Chamber), composed of R. García-Valdecasas, President, and
                            of 8 May 2003                                   P. Lindh and J.D. Cooke, Judges; J. Plingers, Administrator, for
                                                                            the Registrar, has given a judgment on 10 April 2003, in
in Case T-82/01: VOF Josanne and Others v Commission                        which it:
                of the European Communities ( 1)
                                                                            1.     Dismisses the application as inadmissible;
(Inland waterway transport — Community fleet capacity —
Conditions for putting new vessels into service (‘old-for-new’              2.     Orders each of the parties to bear its own costs.
                        rule) — Exemption)
                                                                            (1 ) OJ C 317 of 10.11.01.
                           (2003/C 171/34)
                    (Language of the case: Dutch)
In Case T-82/01, VOF Josanne, established in Papendrecht
(Netherlands), Pieter van Wijnen, resident in Papendrecht,                       JUDGMENT OF THE COURT OF FIRST INSTANCE
Adrianus Jacobus van Wijnen, resident in Papendrecht, Anigje
Veen, resident in Meerkerk (Netherlands), represented by J. van                                       of 22 May 2003
Dam and Y. Ooykaas, lawyers, v Commission of the European
Communities (Agents: H. van Vliet and W. Wils): Application
for the annulment of Commission Decision SG (2001) D/                       in Case T-249/01: Marc Boixader Rivas against European
286100 of 9 February 2001 refusing the applicants’ request                                              Parliament (1)
for the exemption of the vessel Josanne from the scope of
Council Regulation (EC) No 718/1999 of 29 March 1999 on a                   (Officials — Competitions — Notice — Conditions for
Community-fleet capacity policy to promote inland waterway                  admission — Licenciatura degree or equivalent — Degree in
transport (OJ 1999 L 90, p. 1), the Court of First Instance                 technical engineering — Knowledge of a second official
(Third Chamber), composed of: K. Lenaerts, President, J. Azizi              language — Evidence — Action for annulment — Decision
and M. Jaeger, Judges; J. Plingers, Registrar, has given a                  of the selection board — Objection of illegality of the notice
judgment on 8 May 2003, in which it has ruled:                                                         of competition
1.     Dismisses the application;                                                                     (2003/C 171/36)
2.     Orders the applicants to bear their own costs and pay those of
       the Commission.                                                                         (Language of the case: Spanish)
( 1) OJ C 186 of 30.6.2001.
                                                                            In Case T-249/01: Marc Boixader Rivas, technical engineer, of
                                                                            Spanish nationality, residing in Madrid, represented by
 ---pagebreak--- C 171/24                 EN                         Official Journal of the European Union                                      19.7.2003
D. Lopez Garrido, lawyer, with an address for service in                         JUDGMENT OF THE COURT OF FIRST INSTANCE
Luxembourg, against European Parliament (Agents: M. Gòmez
Leal and J.F. De Wachter) — application for annulment, first,                                          of 7 May 2003
of the decision of 27 June 2001 of the selection board for
Competition PE/90/A not to admit the applicant to that                      in Case T-327/01: Luciano Lavagnoli against Commission
competition and, second, of the notice relating to that                                     of the European Communities ( 1)
competition — the Court of First Instance (Second Chamber),
composed of N.J. Forwood, President, J. Pirrung and
A.W.H. Meij, Judges; B. Pastor, Deputy Registrar; has given a               (Officials — Delay in drawing up staff report — Action for
                                                                                                          damages)
judgment on 22 May 2003 in which it:
                                                                                                      (2003/C 171/38)
1.     Dismisses the application;
2.     Orders the parties to bear their own costs.                                               (Language of the case: French)
( 1) OJ C 3, 5. 1. 2002.                                                    In Case T-327/01: Luciano Lavagnoli, official of the Com-
                                                                            mission of the European Communities, residing in Berchem
                                                                            (Luxembourg), represented by G. Bounéou and F. Frabetti,
                                                                            lawyers, with an address for service in Luxembourg, against
                                                                            Commission of the European Communities (Agents: J. Currall
                                                                            and L. Lozano Palacios) — application for payment of damages
                                                                            in compensation for non-material damage caused by the delay
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                in drawing up a definitive staff report for the period 1 July
                                                                            1997 to 30 June 1999 — the Court of First Instance
                            of 7 May 2003                                   (single judge: Mr Pirrung); J. Palacio González, Principal
                                                                            Administrator, for the Registrar; has given a judgment on
                                                                            7 May 2003 in which it:
in Case T-278/01: Eric den Hamer against Commission of
                   the European Communities (1)
                                                                            1.     Orders the Commission to pay the applicant the sum of
                                                                                   EUR 2 000;
(Officials — Staff report — Action for annulment — Action
                             for damages)                                   2.     Dismisses the remainder of the application;
                           (2003/C 171/37)                                  3.     Orders the Commission to pay the costs.
                     (Language of the case: French)                         (1 ) OJ C 56, 2. 3. 2002.
In Case T-278/01: Eric den Hamer, official of the Commission
of the European Communities, residing in Malines (Belgium),
represented by N. Lhoëst, lawyer, with an address for service
in Luxembourg, against Commission of the European Com-                           JUDGMENT OF THE COURT OF FIRST INSTANCE
munities (Agents: C. Berardis-Kayser and A. Dal Ferro) —
application, first, for annulment of the decision adopting the                                        of 20 May 2003
staff report of the applicant for the period 1995-1997 and,
second, for payment of damages in compensation for damage                   in Case T-179/02: Jan Pflugradt against European Central
caused inter alia by the delay in drawing up that report — the                                             Bank (1)
Court of First Instance (single judge: Mr Pirrung); D. Christens-
en, Administrator, for the Registrar; has given a judgment on               (Staff of the European Central Bank — Performance
7 May 2003 in which it:                                                                    appraisal — Action for annulment)
1.     Orders the Commission to pay the applicant the sum of                                          (2003/C 171/39)
       EUR 3 000;
                                                                                                (Language of the case: German)
2.     Dismisses the remainder of the application;
3.     Orders the Commission to pay the costs.
                                                                            In Case T-179/02: Jan Pflugradt, residing in Frankfurt am Main
                                                                            (Germany), represented by N. Pflüger, with an address for
( 1) OJ C 3, 5. 1. 2002.                                                    service in Luxembourg, against European Central Bank
                                                                            (Agents: V. Saintot, T. Gilliams and B. Wägenbaur) — appli-
                                                                            cation for annulment of the appraisal of the applicant’s