CELEX: C2004/071/48
Language: en
Date: 2004-03-20 00:00:00
Title: Judgment of the Court of First Instance of 17 December 2003 in Case T-324/02: Hans McAuley v Council of the European Union (Compliance with a judgment of the Court of First Instance — Appointment of a Language Adviser in the English and Irish Language — Division of the Council Termination of the procedure for filling the post under Article 29(1)(a) of the Staff Regulations — Misuse of powers — Action for compensation)

C 71/26                  EN                         Official Journal of the European Union                                            20.3.2004
1.     Annuls the decision of the Fourth Board of Appeal of the Office          JUDGMENT OF THE COURT OF FIRST INSTANCE
       for Harmonisation in the Internal Market (Trade Marks and
       Designs) of 12 July 2002 (Case R 719/2000-4);
                                                                                                  of 17 December 2003
2.     Orders the defendant to pay the costs.
                                                                            in Case T-324/02: Hans McAuley v Council of the Euro-
(1 ) OJ C 305 of 7.12.2002.                                                                            pean Union (1)
                                                                            (Compliance with a judgment of the Court of First Instance
                                                                            — Appointment of a Language Adviser in the English and
                                                                            Irish Language — Division of the Council Termination of
                                                                            the procedure for filling the post under Article 29(1)(a) of
                                                                            the Staff Regulations — Misuse of powers — Action for
                                                                                                       compensation)
     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                      (2004/C 71/48)
                        of 11 December 2003
                                                                                                (Language of the case: French)
in Case T-323/02: Monique Breton v Court of Justice of
                  the European Communities (1)
(Officials — Promotion — Award of promotion points —
                             Admissibility)                                 In Case T-324/02: Hans McAuley, an official of the Council of
                                                                            the European Union, residing in Brussels (Belgium), represent-
                                                                            ed by J.-N. Louis and S. Orlandi, lawyers, with an address for
                            (2004/C 71/47)                                  service in Luxembourg, against the Council of the European
                                                                            Union (Agent: F. Anton) — application for, first, annulment of
                                                                            the decision contained in the letter of 30 January 2002 of the
                     (Language of the case: French)                         Director General of Directorate General A of the Council to
                                                                            terminate the procedure under Article 29(1)(a) of the Staff
                                                                            Regulations for filling the post of Language Adviser in the
                                                                            English and Irish Language Division and to proceed to the next
In Case T-323/02: Monique Breton, an official of the Court of               stage, namely the organisation of an internal competition
Justice of the European Communities, residing at Howald                     under Article 29(1)(b) of the Staff Regulations, and, second,
(Luxembourg), represented by A. Coolen, J.-N. Louis, É. Mar-                for compensation — the Court of First Instance (Fourth
chal and S. Orlandi, lawyers, with an address for service                   Chamber), composed of V. Tiili, President, P. Mengozzi and
in Luxembourg, against Court of Justice of the European                     M. Vilaras, Judges; I. Natsinas, Administrator, for the Registrar,
Communities (Agent: M. Schauss) — application for annul-                    gave a judgment on 17 December 2003, in which it:
ment of the decision of the Court of Justice concerning the
award to the applicant of promotion points for the years
1998, 1999 and 2000 pursuant to the Court’s decision of                     1.    Annuls the decision contained in the letter of 30 January 2002
18 October 2000 on promotions and the decision of the                             of the Director General of Directorate General A of the Council
Registrar of the Court of 3 December 2001 establishing a                          to terminate the procedure under Article 29(1)(a) of the Staff
transitional system for promotions — the Court of First                           Regulations for filling the post of Language Adviser in the
Instance (Third Chamber), composed of: J. Azizi, President,                       English and Irish Language Division and to proceed to the next
and M. Jaeger and F. Dehousse, Judges; J. Plingers, Adminis-                      stage, namely the organisation of an internal competition under
trator, acting for the Registrar, has given a judgment on                         Article 29(1)(b) of the Staff Regulations.
11 December 2003, in which it:
                                                                            2.    Dismisses the applicant’s application for compensation.
1.     dismisses the application;
                                                                            3.    Orders the Council to pay the costs.
2.     orders the parties to bear their own costs.
                                                                            (1) OJ No C 7 of 11.1.2003.
(1) OJ C 7 of 11.1.2003.