CELEX: C1998/113/36
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 4 March 1998 in Case T-146/96: Maria da Graça De Abreu v. Court of Justice of the European Communities (Probationary officials - Appointment of a former member of the temporary staff - Maintenance of seniority in step - Principle of equality of treatment - Objection of illegality)

C 113/14              EN                 Official Journal of the European Communities                                  11.4.98
the decision of the Central Staff Committee of the                  2. orders the parties to bear their own costs.
Commission rejecting the proposals of Mr Chambellant
concerning appointments to organs set up under the Staff            (1) OJ C 74, 8.3.1997.
Regulations and to administrative bodies, and, in so far as
may be necessary, annulment of the decision of the
Commission expressly rejecting the applicant's complaint
Ð the Court of First Instance (Fourth Chamber),
composed of: P. Lindh, President, and K. Lenaerts and
J. D. Cooke, Judges; A. Mair, Administrator, for the
                                                                      JUDGMENT OF THE COURT OF FIRST INSTANCE
Registrar, has given a judgment on 19 February 1998, in
which it:                                                                                of 19 February 1998
                                                                    in Case T-196/97: Donato Continolo v. Commission of
                                                                                    the European Communities (1)
1. declares that there is no need to adjudicate on the
     present case,                                                  (Officials Ð Thermal cure Ð Article 59 of the Staff
                                                                             Regulations Ð Sick leave Ð Special leave)
                                                                                            (98/C 113/35)
2. orders the Commission to bear its own costs and to
     pay half of the applicant's costs, and the applicant to
     bear the other half of his own costs.                                          (Language of the case: French)
                                                                    In Case T-196/97: Donato Continolo, an official of the
(1) OJ C 388, 21.12.1996.
                                                                    Commission of the European Communities, represented
                                                                    by Jean-NoeÈl Louis, Thierry Demaseure, Ariane Tornel
                                                                    and FrancËoise Parmentier, of the Brussels Bar, with an
                                                                    address for service in Luxembourg at the offices of
                                                                    Fiduciaire Myson SARL, 30 rue de Cessange, v.
                                                                    Commission of the European Communities (Agents:
                                                                    Christine Berardis-Kayser and Florence Duvieusart-
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                    Clotuche) Ð application for annulment of the decision of
                     of 19 February 1998                            the Commission of 24 June 1996 not to grant the
                                                                    applicant additional leave for the purposes of undergoing
in Case T-3/97: Anna Maria Campogrande v. Commission
                                                                    a thermal cure, as confirmed by the decision of 30 January
              of the European Communities (1)
                                                                    1997 rejecting the applicant's complaint Ð the Court of
(Officials Ð Vacancy notice Ð Level of the post to be               First Instance (Fourth Chamber), composed of: P. Lindh,
filled Ð Appointment to a grade A 4/A 5 post of head of             President, and K. Lenaerts and J. D. Cooke, Judges; A.
unit Ð Illegality of the decision of the Commission of              Mair, Administrator, for the Registrar, has given a
      19 July 1988 Ð Rejection of application for post)             judgment on 19 February 1998, in which it:
                        (98/C 113/34)
                                                                    1. dismisses the application,
               (Language of the case: French)                       2. orders the parties to bear their own costs.
                                                                    (1) OJ C 7, 10.1.1998.
In Case T-3/97: Anna Maria Campogrande, an official
of the Commission of the European Communities,
represented by Marc-Albert Lucas, of the LieÁge Bar, with
an address for service in Luxembourg at the Chambers of
Evelyne Korn, 21 avenue de Nassau, v. Commission of the
European Communities (Agents: Gianluigi Valsesia and
Denis Waelbroeck) Ð application for annulment of the                  JUDGMENT OF THE COURT OF FIRST INSTANCE
decision of the Commission appointing Mr Cesare De                                         of 4 March 1998
Montis to the post of Head of Unit 2 (Andean Pact) of
                                                                    in Case T-146/96: Maria da GracËa De Abreu v. Court of
Directorate A (Latin America) of Directorate-General IB
                                                                              Justice of the European Communities (1)
(External relations: Southern Mediterranean, Middle and
Near East, Latin America, South and South-East Asia and             (Probationary officials Ð Appointment of a former
North-South Cooperation) and of the Commission's                    member of the temporary staff Ð Maintenance of
decision rejecting the applicant's application for that post        seniority in step Ð Principle of equality of treatment Ð
Ð the Court of First Instance (Fourth Chamber),                                         Objection of illegality)
composed of: P. Lindh, President, and K. Lenaerts and                                       (98/C 113/36)
J. D. Cooke, Judges; A. Mair, Administrator, for the
Registrar, has given a judgment on 19 February 1998, in
which it:                                                                           (Language of the case: French)
                                                                    In Case T-146/96: Maria da GracËa De Abreu, an official
1. dismisses the action,                                            of the Court of Justice of the European Communities,
 ---pagebreak--- 11.4.98              EN                  Official Journal of the European Communities                                  C 113/15
residing at Luxembourg, represented by Jean-NoeÈl Louis,            the Commission's decision published on 9 April 1996 in
of the Brussels Bar, with an address for service in                 so far as it refuses to promote the applicant to grade C 1
Luxembourg at the offices of Fiduciaire Myson, 30 rue de            in the 1996 promotions exercise Ð the Court of First
Cessange, v. Court of Justice of the European                       Instance (Fourth Chamber), composed of P. Lindh,
Communities (Agent: Timothy Millett) Ð application for              President, K. Lenaerts and J. D. Cooke, Judges; B. Pastor,
annulment of the decision of the Court of Justice of                Principal Administrator, gave a judgment on 5 March
5 December 1995 appointing the applicant an official and            1998, in which it:
assigning her to the post of typist, in so far as that
decision classified her in grade C 4, step 3 Ð the Court of
First Instance (Second Chamber), composed of A.                     1. dismissed the application,
Kalogeropoulos, President, and C. W. Bellamy and J.
Pirrung, Judges; A. Mair, Administrator, for the Registrar,
has given a judgment on 4 March 1998, in which it:                  2. ordered the Commission to pay the costs.
                                                                    (1) OJ C 54, 22.2.1997.
1. annuls the decision of the Court of Justice of
    5 December 1995 appointing the applicant to the post
    of typist in grade C 4, in so far as it classifies her in
    step 3 of that grade,
2. orders the Court of Justice to pay the costs, apart
    from those incurred by the Council of the European                   ORDER OF THE COURT OF FIRST INSTANCE
    Union and those incurred by the applicant as a result                                of 13 February 1998
    of the Council's intervention,
                                                                          in Case T-275/97: GueÂrin Automobiles EURL v.
                                                                           Commission of the European Communities (1)
3. orders the Council to bear its own costs and to pay              (Action for annulment Ð Time limit for bringing
    the costs incurred by the applicant as a result of its                    proceedings Ð Manifest inadmissibility)
    intervention.
                                                                                            (98/C 113/38)
(1) OJ C 354, 23.11.1996.
                                                                                    (Language of the case: French)
                                                                    In Case T-275/97: GueÂrin Automobiles EURL, a company
                                                                    in judicial liquidation, established at AlencËon (France),
                                                                    acting in the person of Xavier LemeÂe, liquidator,
  JUDGMENT OF THE COURT OF FIRST INSTANCE                           represented by Jean-Claude Fourgoux, of the Paris and
                                                                    Brussels Bar, with an address for service in Luxembourg at
                      (Fourth Chamber)                              the Chambers of Pierrot Schiltz, 4 rue BeÂatrix de Bourbon,
                       of 5 March 1998                              v. Commission of the European Communities Ð
                                                                    application for annulment of Decision SG(97) D/3183 of
      in Case T-221/96: Immacolata Manzo-Tafaro v.                  the Commission of 25 April 1997 rejecting GueÂrin
       Commission of the European Communities (1)                   Automobiles' complaint concerning the standard-form
                                                                    dealership agreement for Nissan motor vehicles in France
(Officials Ð Refusal to promote an official Ð                       and the application thereof (Case IV-35.095 GueÂrin/
Consideration of comparative merits Ð Age and seniority             Nissan France) Ð the Court of First Instance (Second
                  taken into consideration)                         Chamber), composed of A. Kalogeropoulos, President, and
                        (98/C 113/37)                               C. W. Bellamy and J. Pirrung, Judges; H. Jung, Registrar,
                                                                    made an order on 13 February 1998, the operative part of
                                                                    which is as follows:
               (Language of the case: French)
                                                                    1. the application is dismissed as manifestly inadmissible,
In Case T-221/96: Immacolata Manzo-Tafaro, official
working for the Commission of the European
                                                                    2. the applicant is ordered to bear its own costs.
Communities, residing at Brussels, represented by Lucas
Vogel, of the Brussels Bar, with an address for service in
Luxembourg at the Chambers of Christian Kremer, 8Ð10                (1) OJ C 7, 10.1.1998.
rue Mathias Hardt, against the Commission of the
European Communities (Agents: Julian Currall and
Christine Berardis-Kayser) Ð application for annulment of