CELEX: C1997/131/36
Language: en
Date: 1997-04-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 March 1997 in Case T-35/96: Lars Bo Rasmussen v. Commission of the European Communities (Officials - Vacancy notice - Annulment of the procedure in progress - Notice of competition - Post reserved for nationals of new Member States - Action for annulment - Admissibility - Articles 4 and 29 of the Staff Regulations - Principle of the protection of legitimate expectations - Principle of legal certainty - Misuse of powers - Action for damages)

No C 131 / 14          EN                  Official Journal of the European Communities                                26 . 4 . 97
   JUDGMENT OF THE COURT OF FIRST INSTANCE                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              of 18 March 1997
                         (First Chamber)
                                                                      in Joined Cases T-l 78/95 and T-l 79/95 : Santo Picciolo
                        of 6 March 1997
                                                                      and Giuseppe Caló v. Committee of the Regions of the
in Joined Cases T-40/96 and T-55/96: Armel de Kerros                                          European Union (')
and Veronique Kohn-Bergé v. Commission of the                         (Officials — New post with the Committee of the Regions
                   European Communities ( ] )                         — Vacancy Notice — Rejection of candidatures —
                                                                      Application for annulment — Delay in communicating the
(Officials — Recruitment — Admission to internal                      rejection decisions — Failure to state reasons — Equality
competitions — Notice of competition — Conditions for                         of treatment — Manifest error of assessment)
     taking part — Condition relating to length of service)
                                                                                                  { 97/C 131 /35 )
                          ( 97/C 131 /34
                                                                                      (Language of the case: French)
                 (Language of the case: French)                       In Joined Cases T-178/95 and T-179/95 : Santo Picciolo, an
                                                                      official of the European Parliament, residing at Itzig
                                                                      ( Luxembourg) and Giuseppe Caló, residing in
                                                                      Luxembourg, represented by Jean-Noel Louis, Thierry De­
In Joined Cases T-40/96 and T-55/96 Armel de Kerros,                  maseure and Ariane Tornel, all of the Brussels Bar, with
temporary agent of the Commission of the European                     an address for. service in Luxembourg at the offices of
Communities, residing at Grez-Doiceau ( Belgium ), and                Fiduciaire Myson Sari , 30 Rue de Cessange, against
Veronique Kohn-Bergé, temporary agent of the                          Committee of the Regions of the European Union ( Agent:
Commission of the European Communities, residing at                   Dominique Lagasse ) — application for, first, the
Florange ( France ), represented by Jean-Noel Louis, Thierry          annulment of the decisions of the Committee of the
Demaseure and Ariane Tornel, of the Brussels Bar, with an             Regions of 5 December 1994 rejecting the applicants'
address for service in Luxembourg at the office of                    candidatures for the post of Director at the Directorate of
Fiduciaire Myson Sari , 30 Rue de Cessange, v. the                    Administration and Registry of the Committee of the
Commission of the European Communities (Agents: Case                  Regions following the publication of vacancy notice CdR/
T-40/96 : Julian Currall; Case T-55/96 : Ana Maria Alves              1 /94 and, secondly, annulment of the decision the same
Vieira ) — application, in Case T-40/96, for annulment of             day appointing Mr M. to that post — the Court of First
the decision of the selection board in internal competition           Instance ( Fifth Chamber ), composed of R. García-
COM/T/B/96 and, in Case T-55/96, for annulment of the                 Valdecasas, President of the Chamber, J. Azizi and M.
decision of the selection board in internal competition               Jaeger, Judges; J. Palacio Gonzalez, Administrator for the
COM/T/C/96, both refusing to admit the applicants to the              Registrar, has given a judgment on 18 March 1997, in
tests in the abovementioned competitions on the ground                which it :
that they did not fulfil the condition that they should have
completed three years uninterrupted service with the                   1 . dismisses the applications;
European Communities in the capacity of agent, as
referred to in the rules applicable to other servants of the          2 . orders the parties to bear their own costs.
European Communities — the Court of First Instance
 ( First Chamber), composed of A. Saggio, President, and V.            (') OJ No C 315 , 25 . 11 . 1995 .
Tiili and R. M. Moura Ramos, Judges; M. A. Mair,
Administrator, for the Registrar, has given a judgment on
 6 March 1997, in which it:
 1 . annuls the decision of the selection board in internal              JUDGMENT OF THE COURT OF FIRST INSTANCE
       competition COM/T/B/96 refusing to admit Armel de                                       of 18 March 1997
       Kerros to the tests in that competition;                        in Case T-35/96 : Lars Bo Rasmussen v. Commission of
                                                                                      the European Communities ( ] )
                                                                       (Officials — Vacancy notice — Annulment of the
 2 . annuls the decision of the selection board in internal           procedure in progress — Notice of competition — Post
       competition COM/T/C/96 refusing to admit Veronique              reserved for nationals of new Member States — Action for
       Kohn-Bergé to the tests in that competition;                    annulment — Admissibility — Articles 4 and 29 of the
                                                                       Staff Regulations — Principle of the protection of
                                                                       legitimate expectations — Principle of legal certainty —
 3 . orders the Commission to pay the costs.                                     Misuse of powers — Action for damages)
                                                                                                   ( 97/C 131 /36 )
 O OJ No C 145 , 18 . 5 . 1996 , and OJ No C 158 , 1 . 6 . 1996 .                      (Language of the case: French)
                                                                       In Case T-35/96 : Lars Bo Rasmussen, an official of the
                                                                       Commission of the European Communities, residing at
 ---pagebreak--- 26 . 4 . 97           EN                   Official Journal of the European Communities                                 No C 131 / 15
Dalheim ( Grand Duchy of Luxembourg), represented by                  of: A. Saggio, President, V. Tiili and R. M. Moura Ramos,
Carlo Revoldini, of the Luxembourg Bar, with an address               Judges; J. Palacio Gonzalez, Administrator, for the
for service in Luxembourg at the Chambers of the latter,              Registrar, has given a judgment on 19 March 1997, in
180 Route de Longwy, against Commission of the                        which it :
European Communities ( Agents: Ana Maria Alves Vieira,
Julian Currall and Alberto dal Ferro) — application, first,           1 . dismisses the application;
for annulment of the Commission's decision cancelling the
procedure under vacancy notice COM/116/94, and, in so
far as may be necessary, of its decision to reserve the post          2 . orders the Commission to pay the costs in their
forming the subject-matter of that vacancy notice for                       entirety.
nationals of new Member States and to publish notice of
open competition COM/A/929 ( Head of Unit V.F.3 ) and                 (') OJ No C 119 , 13 . 5 . 1995 .
of its decision of 14 December 1995 rejecting the
applicant's complaint of 14 July 1995 , and, secondly, for
an order requiring the Commission to pay compensation
for the non-material harm suffered — the Court of First
Instance ( Fifth Chamber), composed of R. García-
Valdecasas, President, and J. Azizi and M. Jaeger, Judges;               JUDGMENT OF THE COURT OF FIRST INSTANCE
J. Palacio Gonzalez, Administrator, for the Registrar, has
given a judgment on 18 March 1997, in which it:                                                  ( First Chamber)
                                                                                              of 19 March 1997
 1 . dismisses the action as inadmissible in so far as it             in Case T-21/96 : Antonio Giannmi v. Commission of the
     seeks annulment of the decision of the Commission to                                 European Communities (')
     publish notice of open competition COM/A/929 (Head
     of Unit V.F.3);                                                   (Officials — Appointment — Vacancy Notice — Interests
                                                                                                   of the service)
2 . dismisses the remainder of the action as unfounded;                                            ( 97/C 131 /38 )
 3 . orders the parties to bear their own costs.                                        (Language of the case: French)
 H OJ No C 145 , 18 . 5 . 1996 .                                       In Case T-21 /96 : Antonio Giannini, an official of the
                                                                       Commission of the European Communities, residing in
                                                                       Brussels, represented by Marc Dallemagne and Carlo
                                                                       Locchi, both of the Brussels Bar, with an address for
                                                                       service in Luxembourg at the Chambers of Jeannot Biver,
                                                                       3 Rue de la Loge, against the Commission of the
                                                                       European Communities ( Agents : Gianluigi Valsesia and
   JUDGMENT OF THE COURT OF FIRST INSTANCE                             Julian Currall ) — application for, first, annulment of the
                       of 19 March 1997                                decisions appointing Mr X as head of the Unit
                                                                       'Negotiations and Management of Agreements on Textiles;
 in Case T-73/95 : Estabelecimentos Isidoro M. Oliveira,               footwear; various' and rejecting the applicant's
     SA v. Commission of the European Communities ( ] )                candidature for that post, and, secondly, damages in
  (Social policy — European Social Fund — Assistance in                respect of the material and non-material loss which the
  the financing of vocational training measures — New                  applicant claims to have suffered as a result of those
 decision following a judgment of the Court of Justice —               decisions — the Court of First Instance ( First Chamber),
 Legal certainty — Legitimate expectations — Prohibition               composed of A. Saggio, President, V. Tiili and R. M.
           of reformatio in pejus — Reasonable time)                   Moura Ramos, Judges; A. Mair, Administrator, for the
                                                                       Registrar, has given a judgment on 19 March 1997, in
                           ( 97/C 131 /37)                             which it :
                (Language of the case: Portuguese)                      1 . annuls the Commission 's decisions appointing Mr X as
                                                                             head of the Unit 'Negotiations and Management of
  In Case T-73/95 : Estabelecimentos Isidoro M. Oliveira,                    Agreements on Textiles; footwear; various ' following
  SA, established at Montijo, Portugal, represented by Dr                    the publication of Vacancy Notice COM/151 /94, and
 Joaquim Marques de Ascensão, of the Lisbon Bar, with an                     rejecting the applicant's candidature for that post;
  address for service at the office of Alberto de Sousa, União
  de Bancos Portugueses SA, 12 Rue de la Grève, against                 2 . dismisses the remainder of the application;
  Commission of the European Communities (Agents: Ana
  Maria Alves Vieira and Günter Wilms ) — application for
  the partial annulment of Commission Decision C(94)1410/               3 . orders the Commission to pay the costs.
  9 of 12 July 1994, notified to the applicant on
  28 December 1994, concerning financial assistance from                (') OJ No C 133,4 . 5 . 1996 .
  the European Social Fund for vocational training measures
  — the Court of First Instance ( First Chamber ), composed