CELEX: C2003/019/68
Language: en
Date: 2003-01-25 00:00:00
Title: Order of the President of the Court of First Instance of 17 October 2002 in Case T-215/02 R: Santiago Gómez-Reino v Commission of the European Communities (Procedure for interim relief — Officials — Admissibility — Act adversely affecting an official)

25.1.2003                EN                       Official Journal of the European Communities                                             C 19/35
       ORDER OF THE COURT OF FIRST INSTANCE                                  lawyer, against Commission of the European Communities
                                                                             (Agents: H. Tserepa-Lacombe and J. Currall) — application for,
                         of 7 October 2002                                   essentially, annulment of the decision of the selection board
                                                                             for internal competition COM/A/17/96 not to include the
in Case T-24/01: Claire Staelen v Council of the European                    applicant in the list of successful candidates on the ground
               Union and European Parliament (1)                             that he did not obtain the minimum requisite number of
                                                                             marks in the oral test and seeking compensation for the
                                                                             material and non-material damage allegedly suffered — the
(Officials — Open competition — Delegation of the appoint-                   Court of First Instance (Second Chamber), composed of
           ing authority’s powers — Inadmissibility)
                                                                             N.J. Forwood , President, J. Pirrung and A.W.H. Meij, Judges;
                                                                             H. Jung, Registrar, made an order on 21 October 2002, the
                           (2003/C 19/66)                                    operative part of which is as follows:
                    (Language of the case: French)
                                                                             1.     There is no need to adjudicate on the present application.
In Case T-24/01: Claire Staelen, member of the temporary staff               2.     The Commission shall bear the whole of the costs.
of the European Parliament, residing in Bridel (Luxembourg),
represented by J. Choucroun, lawyer, with an address for
service in Luxembourg, against Council of the European Union
(Agents: F. Anton and A. Pilette) and European Parliament                    (1 ) OJ C 186, 30.6.2001.
(Agents: J.F. De Wachter and D. Moore) — application for
annulment of the entire marking procedure in respect of the
written tests for Competition EUR/A/151/98 or, otherwise,
annulment of the decision of the selection board refusing to
admit her to the tests subsequent to test VII.A.d) and, in the
alternative, for compensation in respect of the non-material
damage allegedly suffered — the Court of First Instance (Fourth
Chamber), composed of M. Vilaras, President of the Chamber,
V. Tiili and P. Mengozzi, Judges; H. Jung, Registrar, made an
order on 7 October 2002, the operative part of which is as
                                                                             ORDER OF THE PRESIDENT OF THE COURT OF FIRST
follows:
                                                                                                          INSTANCE
1.    The application in Case T-24/01 is dismissed as clearly
      inadmissible in so far as it is brought against the Council.                                   of 17 October 2002
2.    Each of the parties shall bear its own costs in the present action
      in so far as it is brought against the Council, including those
      relating to the proceedings for interim relief.                        in Case T-215/02 R: Santiago Gómez-Reino v Commission
                                                                                               of the European Communities
( 1) OJ C 95, 24.3.2001.
                                                                             (Procedure for interim relief — Officials — Admissibility —
                                                                                             Act adversely affecting an official)
                                                                                                        (2003/C 19/68)
       ORDER OF THE COURT OF FIRST INSTANCE
                        of 21 October 2002                                                       (Language of the case: French)
in Case T-97/01: Christos Gogos v Commission of the
                    European Communities ( 1)
                   (No need to give a judgment)                              In Case T-215/02 R: Santiago Gómez-Reino, an official of
                                                                             the Commission of the European Communities, residing in
                           (2003/C 19/67)                                    Brussels, represented by M.-A. Lucas, lawyer, against Com-
                                                                             mission of the European Communities (Agents: H.P. Hartvig
                                                                             and J. Currall) — application for interim measures requiring,
                     (Language of the case: Greek)                           first, the production of certain documents, second, the suspen-
                                                                             sion of a number of decisions or prohibiting decisions to be
                                                                             taken relating to internal investigations conducted by the
In Case T-97/01: Christos Gogos, an official of the Commission               European Anti-Fraud Office (OLAF) and, third, the adoption of
of the European Communities, represented by C. Tagaras,                      measures under Article 24 of the Staff Regulations — the
 ---pagebreak--- C 19/36                 EN                         Official Journal of the European Communities                                     25.1.2003
President of the Court of First Instance made an order on                     In that regard, the applicant takes the view that, having failed
17 October 2002, the operative part of which is as follows:                   to adopt general rules authorising the reversal of management
                                                                              duties, the Secretary General improperly adopted the contested
                                                                              decision. The duties actually carried out by the applicant since
1.    The application for interim relief is rejected.                         the adoption of that decision are moreover manifestly inferior
                                                                              to those normally carried out by an official in Grade A 3.
2.    Costs are reserved.
                                                                              Action brought on 31 October 2002 by the Gestoras Pro
Action brought on 14 October 2002 by Michel Soubies                           Amnistía association, Juan Mari Olano Olano and Julen
    against Commission of the European Communities                              Zelarain Errasti against Council of the European Union
                          (Case T-325/02)                                                             (Case T-333/02)
                          (2003/C 19/69)                                                               (2003/C 19/70)
                    (Language of the case: French)                                               (Language of the case: French)
An action against the Commission of the European Communi-                     An action against the Council of the European Union was
ties was brought before the Court of First Instance of the                    brought before the Court of First Instance of the European
European Communities on 14 October 2002 by Michel                             Communities on 31 October 2002 by the Gestoras Pro
Soubies, residing in Brussels, represented by Albert Coolen,                  Amnistía association, whose offices are in Hernani (Spain),
Jean-Noël Louis and Etienne Marchal, avocats.                                 Juan Mari Olano Olano, residing in Gainza (Spain), and Julen
                                                                              Zelarain Errasti, residing in San Sebastián (Spain), represented
                                                                              by Didier Rouget, lawyer.
The applicant claims that the Court should:
                                                                              The applicants claim that the Court should:
—     annul the decision of 26 November 2001 of the Secretary
      General of the Commission posting the applicant, as A
                                                                              —     order the defendant to pay compensation amounting to
      3 adviser ad personam, to Unit SG/F.2 ‘Institutional
                                                                                    EUR 1 000 000 to the Gestoras Pro Amnistía association
      matters’;
                                                                                    and EUR 100 000 to each of the other two applicants,
                                                                                    Juan Mari Olano Olano and Julen Zelarain Errasti;
—     order the defendant to pay the costs.
                                                                              —     find that those amounts give rise to default interest at the
                                                                                    rate of 4.5 % per annum with effect from the date of the
                                                                                    judgment of the Court of First Instance and until actual
Pleas in law and main arguments                                                     payment is effected;
                                                                              —     order the defendant to bear its own costs and to pay
The applicant, an official in Grade A 3, is challenging the                         those incurred by the applicants.
decision of the appointing authority to appoint him adviser ad
personam in Unit SG/F.2 ‘Institutional matters’, where the
head of unit was appointed in Grade A 5.
                                                                              Pleas in law and main arguments
In support of his claims, he alleges:
                                                                              The Gestoras Pro Amnistía association and two representatives
—     breach of the obligation to state reasons;                              are seeking compensation for the damage allegedly suffered as
                                                                              a result of the abovementioned association’s name having been
—     breach of the procedure for filling middle-management                   included in the list of terrorist persons, groups and bodies,
      posts, infringement of Articles 4, 5, 27 and 29 of the                  pursuant to Common Position 2001/931/CFSP ( 1), adopted on
      Staff Regulations and breach of the principles of good                  27 December 2001, confirmed by Council Common Position
      management and sound administration and of the prin-                    2002/340/CFSP (2), adopted on 2 May 2001, and Council
      ciple that officials should have reasonable career pros-                Common Position 2002/940/CFSP (3), adopted on 17 June
      pects.                                                                  2002.