CELEX: C1995/101/16
Language: en
Date: 1995-04-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE (Fourth Chamber) of 21 February 1995 in Case T-506/93: Andrew Macrae Moat v. Commission of the European Communities (Officials - Promotion - Consultation of staff reports - Complaint - Failure to give a reasoned reply - Action for annulment - Admissibility - Compensation for damage)

No C 101 /6           EN                 Official Journal of the European Communities                                  22 . 4 . 95
                                                   COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                      (Fourth Chamber)                                                    (Fourth Chamber)
                     of 21 February 1995                                                of 23 February 1995
in Case T-506/93 : Andrew Macrae Moat v. Commission of              in Case T-535/93 : F. v. Council of the European
                the European Communities (*)                                                    Union i 1 )
(Officials — Promotion — Consultation of staffreports —             (Officials — Recruitment — Refusal of employment on
Complaint — Failure to give a reasoned reply — Action for           account ofphysical unfitness — Right to a fair hearing —
annulment — Admissibility — Compensation for                                        Manifest error of assessment)
                             damage)                                                         ( 95/C 101 /17
                         ( 95/C 101/16 )
                                                                                   (Language of tbe case: French)
                                                                    (Provisional translation; the definitive translation will be
               (Language of the case: Englisb)                               published in thé European Court Reports)
                                                                    In Case T-535/93 : F, residing at Esbjerg ( Denmark ),
                                                                    represented by Jean-Noël Louis, of the Brussels Bar, with an
                                                                    address for service in Luxembourg at the office of Fiduciaire
In Case T-506/93 : Andrew Macrae Moat, an official of the
                                                                    Myson Sàrl, 1 Rue Glesener, v. Council of the European
Commission of the European Communities, represented by              Union (Agent: O. Petersen) — application for the annulment
Luc Govaert, of the Brussels Bar, with an address for service       of the decision of the Council of 6 November 1992 not to
in Luxembourg at the Chambers of Lucy Dupong, 14a Rue               recruit the applicant on account of a lack of physical fitness
des Bains, v. Commission of the European Communities                to perform typing duties, adopted in consequence of the
(Agent: T. F. Cusack) — application for the annulment of            medical officer's opinion, confirmed by the medical
various decisions of the Commission appointing and
                                                                    committee, declaring the applicant physically unfit, and for
promoting officials and for compensation for the damage
                                                                    the annulment, in so far as may be necessary, of the decision
allegedly suffered by the applicant on account of the failure       rejecting the applicant's complaint — the Court of First
to give a reasoned reply to his two complaints and of his not
                                                                    Instance (Fourth Chamber ), composed of: C. P. Briët,
having been appointed or promoted — the Court of First              President, and A. Saggio and C. W. Bellamy, Judges; J.
Instance ( Fourth Chamber), composed of: K. Lenaerts,               Palacio Gonzalez, Registrar, has given a judgment on
President, R. Schintgen and R. Garcia-Valdecasas, Judges,
                                                                    23 February 1995 , in which it:
B. Pastor, Administrator, for the Registrar, has given a
judgment on 21 February 1 995 , in which it:                        1 , dismisses the application;
                                                                    2 , orders the defendant to bear its own costs and to pay
                                                                        those of the applicant and half of the costs of the
1 , dismisses the application as inadmissible in so far as it           intervener;
    seeks, first, the annulment of the decisions of the
    Commission making promotions to grade A3 for 1991               3 , orders the intervener to bear half of its own costs.
    and 1992 and making an appointment to the post of
                                                                    (M OJ No C 325 , 9 . 12 . 1993 .
    head of unit which was the subject of Vacancy Notice
    COM/22/92, and secondly, the award of damages for
    the unlawful acts allegedly committed in the course of
    those procedures;                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                          of 15 March 1995
                                                                    in Case T-514/93 : Cobrecaf SA and Others v. Commission
2 , dismisses the remainder of the application as                                 of the European Communities (*)
    unfounded;                                                      (Fisheries — Community financial assistance for the
                                                                    construction of fishing vessels — Regulation (EEC)
                                                                    No 4028/86 — Admissibility — Confirmatory decision —
3 , orders the parties to bear their own costs.                                          Action for damages)
                                                                                             ( 95/C 101/18 )
                                                                                   (Language of the case: French)
(!) OJ No C 277, 15 . 10 . 1993 .
                                                                    (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
                                                                    In Case T-514/93 : Cobrecaf SA, whose registered office is in
                                                                    Concarneau ( France), Pêche et Froid SA, whose registered