CELEX: C1998/312/29
Language: en
Date: 1998-10-10 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE (First Chamber) of 7 July 1998 in Case T-178/97 Albano Moncada v. Commission of the European Communities (Officials - Deputising for a hierarchical superior - Action manifestly inadmissible and not well founded in law)

10.10.98             EN                Official Journal of the European Communities                                  C 312/11
(Portugal), represented by Manuel Rodrigues, of the                    ORDER OF THE COURT OF FIRST INSTANCE
Lisbon Bar, v. Commission of the European Communities                                    of 16 July 1998
(Agents: Maria Teresa Figueira and Knut Simonsson) Ð
application for the annulment of Commission Decisions             in Case T-274/97: Ca'Pasta Srl v. Commission of the
C(96) 2554 and C(96) 2555 of 9 December 1996 reducing                               European Communities (1)
two Community aids granted by the European Social Fund
                                                                  (Regulation (EEC) No 4028/86 Ð Common fisheries
Ð the Court (Fourth Chamber), composed of: P. Lindh,
                                                                  policy Ð Community financial assistance Ð Procedure for
President, K. Lenaerts and J. D. Cooke, Judges; B. Pastor,
                                                                  cancelling the assistance Ð Action for annulment Ð
Principal Administrator, for the Registrar, has given a
                                                                                         Inadmissibility)
judgment on 16 July 1998, in which it:
                                                                                          (98/C 312/30)
1. dismisses the action;
                                                                                  (Language of the case: Italian)
2. orders the applicant to pay the costs.
                                                                  In Case T-274/97: Ca'Pasta Srl, represented by Paolo Piva,
                                                                  of the Venice Bar, and Guy Arendt, of the Luxembourg
(1) OJ C 166, 31.5.1997.
                                                                  Bar, with an address for service in Luxembourg at the
                                                                  latter's Chambers, 7 Val Sainte-Croix v. Commission of
                                                                  the European Communities (Agents: Hubert van Vliet and
                                                                  Alberto Dal Ferro) Ð application for annulment of a
                                                                  decision allegedly contained in a letter of 4 August 1997
                                                                  sent by the Commission to the applicant Ð the Court of
     ORDER OF THE COURT OF FIRST INSTANCE                         First Instance (Third Chamber), composed of: V. Tiili,
                                                                  President, and C. P. BrieÈt and A. Potocki, Judges; H. Jung,
                       (First Chamber)                            Registrar, made an order on 16 July 1998, the operative
                        of 7 July 1998                            part of which is as follows:
in Case T-178/97 Albano Moncada v. Commission of the
                  European Communities (1)                        1. The action is dismissed as inadmissible.
(Officials Ð Deputising for a hierarchical superior Ð
Action manifestly inadmissible and not well founded in            2. The applicant is ordered to pay the costs.
                              law)
                                                                  (1) OJ C 387, 20.12.1997.
                         (98/C 312/29)
               (Language of the case: French)
In Case T-178/97: Albano Moncada, an official of the
Commission of the European Communities, residing in                    ORDER OF THE COURT OF FIRST INSTANCE
Luxembourg, represented by Jean-NoeÈl Louis, Thierry                                      of 6 July 1998
Demaseure and Ariane Tornel, of the Brussels Bar, with an
address for service in Luxembourg at the offices of               in Case T-286/97: Anthony Goldstein v. Commission of
Fiduciaire Myson SARL, 30 Rue de Cessange, against the                            the European Communities (1)
Commission of the European Communities (Agents:
                                                                  (Action for failure to act Ð Obligation to act Ð None Ð
Christine Berardis-Kayser and Florence Duvieusart-
                                                                        Action manifestly lacking any foundation in law)
Clotuche) Ð application for, first, annulment of the
Commission's decision of 12 August 1996 directing a                                       (98/C 312/31)
colleague in a lower grade than the applicant to deputise
during the absences of his hierarchical superior and,
                                                                                 (Language of the case: English)
second, for damages Ð the Court (First Chamber),
composed of: B. Vesterdorf, President, and R. M. Moura
Ramos and P. Mengozzi, Judges; H. Jung, Registrar, has            In Case T-286/97, Anthony Goldstein, residing in London,
made an order on 7 July 1998 in which it:                         represented by Raymond St John Murphy, Solicitor, 3
                                                                  Kings Bench Walk, Inner Temple, London, against
                                                                  Commission of the European Communities (Agent:
1. dismisses the application;
                                                                  Richard Lyal) Ð application for a finding that the
                                                                  Commission failed to act by failing to take a decision on a
2. orders the parties to bear their own costs.                    complaint (IV/34.824 Ð Goldstein/GMC) against certain
                                                                  anti-competitive practices, lodged by the applicant under
                                                                  Article 3(2) of Council Regulation No 17 of 6 February
(1) OJ C 252, 16.8.1997.
                                                                  1962, First Regulation implementing Articles 85 and 86 of
                                                                  the Treaty (OJ, English Special Edition 1959Ð1962, p. 87)
                                                                  Ð the Court of First Instance (Third Chamber), composed