CELEX: C1996/095/28
Language: en
Date: 1996-03-30 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 February 1996 in Case T-589/93: Susan Ryan-Sheridan v. European Foundation for the Improvement of Living and Working Conditions (Officials - Servants of the European Foundation for the Improvement of Living and Working Conditions - Recruitment procedure - Rejection of an internal candidate - Actions for annulment of measures - Action for damages)

No C 95/ 14             EN                      Official Journal of the European Communities                                  30 . 3 . 96
      institutions are able to transfer their rights to the                by order of that court of 1 February 1996 , received at the
       Community pensions scheme, the Kingdom of Spain has                 Court Registry on 22 February 1996, for a preliminary
      failed to fulfil its obligations under Article 11 ( 2 ) of           ruling in the case of Hermes International societe en
   v Annex VIII to the Staff Regulations of officials of the               commandite par actions, Paris v. FHT Marketing Choice BV
      European Communities f 1 ) and Article 5 of the EC                   on the following question :
      Treaty; and
2 . order the Kingdom of Spain to pay the costs .                          is an interim measure, such as, for example, is provided for
                                                                           in Article 289 et seq. of the Wetboek van Burgerlijke
Pleas in law and main arguments adduced in support:                        Rechtsvordering (Netherlands Code of Civil Procedure )
                                                                           whereby an immediate, enforceable measure may be sought,
Despite the fact that the Kingdom of Spain acknowledges its                covered by the expression 'provisional measures' within the
obligation to comply with the provisions and Royal Decrees                 meaning of Article 50 of the Agreement on Trade-related
have been drafted, no national implementing measures in                    Aspects of Intellectual Property Rights (TRIPS ) (*)?
the field have yet been adopted .
                                                                           (') OJ No L 336 , 1994 , p . 213 .
(') Regulation ( EEC, Euratom, ECSC ) No 259/68 of the Council of
     29 February 1968 ( OJ, English Special Edition 1968 ( I ), p. 30 ),
     as amended by Regulation ( EEC, Euratom, ECSC ) No 571 /92
     ( OJ No L 62 , 1962 , p. 1 ).
                                                                                  Removal from the register of Case C-402/95
                                                                                                    ( 96/C 95/27 )
Reference        for      preliminary         ruling     from      the
Arrondissementsrechtbank, Amsterdam, by order of that
court of 1 February 1996 in the case of Hermes                             An action against the Portuguese Republic was brought
International societe en commandite par actions, Paris v.
                                                                           before the Court of Justice of the European Communities on
                   FHT Marketing Choice BV                                 22 December 1995 by the Commission of the European
                                                                           Communities, represented by Antonio Caeiro, Legal
                           ( Case C-53/96 )                                Adviser, acting as Agent, with an address for service in
                             ( 96/C 95/26 )                                Luxembourg at the office of Carlos Gomez de la Cruz, of its
                                                                           Legal Service, Wagner Centre, Kirchberg.
Reference has been made to the Court of Justice
of the European Communities by order of the                                By order of 20 February 1996 the Court has ordered that
Arrondissementsrechtbank ( District Court ), Amsterdam,                    the case be removed from the register.
                                                          COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                   Marc-Albert Lucas, of the Liege Bar, with an address for
                       of 15 February 1996                                 service in Luxembourg at the Chambers of Evelyne Korn,
                                                                           21 , Rue de Nassau, v. European Foundation for the
in Case T-5 89/93 : Susan Ryan-Sheridan v. European                        Improvement of Living and Working Conditions ( Agents :
Foundation for the Improvement of Living and Working                       John McColgan and subsequently Terry Sheehan, in the
                             Conditions ( 1 )                              written procedure, and Clive Purkiss, in the oral procedure,
(Officials — Servants of the European Foundation for the                   assisted by Denis Waelbroeck ) — application, first, for
Improvement of Living and Working Conditions —                             the annulment of the notice of vacancy concerning
Recruitment procedure — Rejection of an internal                           a post as administrator of the Foundation's publications
candidate — Actions for annulment of measures — Action                     programme, the notice of restricted competition relating to
                             for damages)                                  the filling of that post, the recruitment committee's
                             ( 96/C 95/28 )                                memorandum of 5 November 1993 and the decision of the
                                                                           Director of the Foundation of 22 November 1993 rejecting
                                                                           the applicant's application for that post, and , second, an
                                                                           order requiring the Foundation to pay damages in the sum
                 (Language of the case: French)                            of Bfrs 75 000 the Court of First Instance (Third Chamber ),
                                                                           composed of: C. P. Briet, President, and B. Vesterdorf and
                                                                           A. Potocki , Judges; B. Pastor, Registrar, has given a
                                                                           judgment on 15 February 1996, in which it:
In Case T-589/93 : Susan Ryan-Sheridan, a servant of the
European Foundation for the Improvement of Living and
Working Conditions, represented by Luc Misson and                          1 . dismisses the action;
 ---pagebreak--- 30 . 3 . 96          | EN                   Official Journal of the European Communities                                 No C 95/ 15
2 . orders the parties to bear their own costs, including              Hoskins, Barrister, of the Bar of England and Wales, with an
      those incurred in the procedure for interim measures.            address for service at Brick Court Chambers, 8 Avenue de la
                                                                       Joyeuse Entree, Brussels, against Council of the European
(M OJ No C 43 , 12 . 2 . 1994 .                                        Union ( Agents: Jürgen Huber and Guus Houttuin ) and
                                                                       Commission of the European Communities ( Agents: Frank
                                                                       Benyon and Lucio Gussetti ) — application for suspension of
                                                                       the operation of Council Regulation ( EEC ) No 3254/91 of
                                                                       4 November 1991 prohibiting the use of leghold traps in the
                                                                       Community and the introduction into the Community of
                                                                       pelts and manufactured goods of certain wild animal species
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               originating in countries which catch them by means of
                      of 15 February 1996                              leghold traps or trapping methods which do not meet
                                                                       international humane trapping standards ( OJ No L 308 ,
in Case T-125/95 : Hassan Belhanbel v. Commission of the
                                                                       p. 1 ) — the President of the Court of First Instance made an
                   European Communities ( 1 )                          order on 12 February 1996 , the operative part of which is as
(Official — Competition — Decision of the selection board              follows :
that a candidate has failed the oral test — Scope of the
                  obligation to state reasons)
                                                                       1 . the application for interim measures is dismissed;
                             ( 96/C 95/29 )
                                                                       2.   costs are reserved.
                (Language of the case: French)
In Case T-125/95 , Hassan Belhanbel, a former member of
the temporary staff of the Commission of the European
Communities, residing at Namur ( Belgium ), represented by
Jean-Noel Louis, Thierry Demaseure and Ariane Tornel, of               Action brought on 21 December 1995 by 'T' against the
the Brussels Bar, with an address for service in Luxembourg                                 European Parliament
at the offices of Fiduciaire Myson Sari, 1 Rue Glesener, v.
Commission of the European Communities ( Agent: Ana                                           Case T-233/95 )
Maria Alves Vieira ) — application for the annulment of the                                     ( 96/C 95/31 )
decision of the selection board in competition COM/B/765
awarding the applicant, in the oral test, a lower mark than
the minimum required and refusing to enter his name on the                             (Language of the case: Greek)
reserve list — the Court of First Instance ( Third Chamber ),
composed of: C.P. Briët, President, and B. Vesterdorf and              An action against the European Parliament was brought
A. Potocki, Judges; H. Jung, Registrar, has given a judgment           before the Court of First Instance on 21 December 1995 by
on 15 February 1996, in which it:                                      'T', represented by Harisios Tagaras, of the Thessaloniki
                                                                       Bar, with an address for service in Luxembourg at the
1 . dismisses the action;                                              Chambers of Evelyne Korn, 21 Rue de Nassau.
2 . orders the parties to bear their own costs.                        The applicant claims that the Court should :
( ! ) OJ No C 208 , 12 . 8 . 1995 .                                    — annul the staff report on the applicant for the period
                                                                           1 January 1993 to 1 January 1995 , in particular heading
                                                                           10 . 1 ,
                                                                       — annul the decision of the Secretary-General of the
                                                                           Parliament of 19 September 1995 confirming the above
                                                                           staff report,
               ORDER OF THE PRESIDENT
          OF THE COURT OF FIRST INSTANCE                               — order the Parliament to pay the costs .
                      of 12 February 1996
in Case T-228/95 R: S. Lehrfreund Ltd v. Council of the                Pleas in law and main arguments adduced in support:
European Union and Commission of the European
                             Communities
                                                                       The applicant, an official of the Parliament in Grade A 5
                             ( 96/C 95/30 )                            serving in the Legal Service, states that, for the purpose of
                                                                       promoting another candidate, the detailed part of his staff
                                                                       report for the period 1 January 1993 to 1 January 1995 was
               (Language of the case: English)                         decided in advance and did not correspond to reality . In
                                                                       support of that claim he relies on the lack of consistency
In Case T-228/95 R: S. Lehrfreund Ltd, established in                  between the detailed report and the general assessment
London, represented by Nicholas Forwood QC and Mark                    contained in the report. In his view the huge improvement