CELEX: C2000/285/15
Language: en
Date: 2000-10-07 00:00:00
Title: Judgment of the Court of First Instance of 25 May 2000 in Case T-173/99: Gilbert Elkaïm and Philippe Mazuel v Commission of the European Communities (Officials — Open competition based on qualifications and tests — Breach of the notice of competition — Equality of treatment of the applicants — Principle of sound administration — Misuse of powers and abuse of process)

C 285/8                 EN                     Official Journal of the European Communities                                    7.10.2000
offices of Société de Gestion Fiduciaire SARL, 2-4 Rue Beck v             as a single judge; B. Pastor, Principal Administrator, for the
Council of the European Union (Agents: S. Marquardt,                      Registrar, has given a judgment on 25 March 2000, in which
H.-J. Rabe and G. Berrisch), supported by Commission of the               it:
European Communities (Agents: V. Kreuschitz and N. Khan)
— application for annulment of Council Regulation (EC)                    1.    Dismisses the application;
No 1931/97 of 22 September 1997 imposing a definitive anti-
dumping duty on imports of unwrought, unalloyed zinc                      2.    Orders the parties to bear their own costs.
originating in Poland and Russia and definitively collecting the
provisional duty imposed (OJ 1997 L 272, p. 1) — the
Court (Third Chamber, Extended Composition), composed of:                 (1) OJ C 281 of 2.10.1999.
M. Jaeger, President, K. Lenaerts, V. Tiili, J. Azizi and P. Men-
gozzi, Judges; A. Mair, Administrator, for the Registrar, has
given a judgment on 20 June 2000, in which it:
1.    Dismisses the action as inadmissible;
2.    Orders the applicant to pay its own costs together with those
      incurred by the defendant;
                                                                              JUDGMENT OF THE COURT OF FIRST INSTANCE
3.    Orders the Commission to bear its own costs.
                                                                                                     of 5 July 2000
(1) OJ C 72 of 7.3.98.
                                                                          in Case T-111/99: Ignacio Samper v European Parlia-
                                                                                                         ment (1)
                                                                          (Officials — Publication of a new notice of vacancy following
                                                                          the annulment of a decision making an appointment — Re-
                                                                          establishment of career — Duty to have regard for the
                                                                          welfare and interests of officials — Interests of the service
                                                                          — Misuse of powers — Refusal to grant a temporary
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                             posting)
                          of 25 May 2000                                                            (2000/C 285/16)
in Case T-173/99: Gilbert Elkaïm and Philippe Mazuel v
        Commission of the European Communities (1)                                           (Language of the case: French)
(Officials — Open competition based on qualifications and                 In Case T-111/99: Ignacio Samper, an official of the European
tests — Breach of the notice of competition — Equality of                 Parliament, residing in Madrid, represented by E. Boigelot, of
treatment of the applicants — Principle of sound adminis-                 the Brussels Bar, with an address for service in Luxembourg at
      tration — Misuse of powers and abuse of process)                    the Chambers of L. Schiltz, 2 Rue du Fort Rheinsheim, v
                                                                          European Parliament (Agents: H. von Hertzen and J. Sant’An-
                                                                          na) — application for annulment of Vacancy Notice No 8675
                          (2000/C 285/15)                                 concerning the filling of a post as Head of Division in the
                                                                          Madrid Information Office and of the procedure for filling the
                                                                          post advertised by that notice by way of transfer or promotion
                    (Language of the case: French)                        — the Court of First Instance (Fourth Chamber), composed of:
                                                                          V. Tiili, President, and R.M. Moura Ramos and P. Mengozzi,
                                                                          Judges; B. Pastor, Principal Administrator, for the Registrar,
In Case T-173/99: Gilbert Elkaïm, residing in Paris, and                  has given a judgment on 5 July 2000, in which it:
Philippe Mazuel, a national expert on secondment to the
Commission of the European Communities, residing in Brus-
                                                                          1.    Dismisses the action;
sels, represented by N. Ravailhe, of the Brussels Bar, 6 Rue
Hydraulique, Brussels, v Commission of the European Com-
munities (Agents: G. Valsesia and F. Clotuche-Duvieusart)                 2.    Orders the Parliament to pay all the costs.
— application, first, for annulment of open competition
COM/A/15/98, of the lists of suitable candidates drawn up
following that competition and of any recruitments made on                (1) OJ C 226 of 7.8.1999.
the basis of those lists and, second, for an order requiring the
Commission to organise a new competition — the Court of
First Instance (Single Judge), composed of: K. Lenaerts, sitting