CELEX: C2002/118/38
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the Court of First Instance of 7 February 2002 in Case T-193/00: Bernard Felix v Commission of the European Communities (Officials — Open competition — Oral test — Non-inclusion in the reserve list — Consistency of the composition of the selection board — Knowledge of languages)

C 118/24               EN                     Official Journal of the European Communities                                         18.5.2002
Article 215 of the EC Treaty (now Article 235 EC and the                 1.    Annuls the decision of the selection board in competition COM/
second paragraph of Article 288 EC) for damage suffered by                     A/12/98 in so far as it concerns the mark awarded to the
the applicant as a result of his having been prevented from                    applicant for the oral test;
marketing milk by virtue of Council Regulation (EEC)
No 857/84 of 31 March 1984 adopting general rules for the
application of the levy referred to in Article 5c of Regulation          2.    Orders the Commission to pay the costs.
(EEC) No 804/68 in the milk and milk products sector, (OJ
1984 L 90, p. 13), as supplemented by Commission Regulation
(EEC) No 1371/84 of 16 May 1984 laying down detailed rules
for the application of the additional levy referred to in                (1) OJ C 273 of 23.9.2000.
Article 5c of Regulation (EEC) No 804/68 (OJ 1984 L 132,
p. 11), Court of First Instance (Fourth Chamber), composed of:
P. Mengozzi, President, V. Tilli and R. M. Moura Ramos,
Judges; D. Christensen, Administrator, for the Registrar, has
given a judgment on 7 February 2002, in which it:
1.    Dismisses the application;
2.    Orders the applicant to pay the costs.
                                                                         ORDER OF THE PRESIDENT OF THE COURT OF FIRST
(1) OJ C 304 of 29.10.1994.                                                                           INSTANCE
                                                                                                 19 December 2001
                                                                         in Joined Cases T-195/01 R and T-207/01 R, Government
    JUDGMENT OF THE COURT OF FIRST INSTANCE                              of Gibraltar v Commission of the European Communities
                       of 7 February 2002
                                                                         (Proceedings for interim relief — State aid — Decision to
                                                                         initiate a formal investigation procedure — Admissibility —
in Case T-193/00: Bernard Felix v Commission of the                      Prima facie case — Urgency — None — Balancing of
                   European Communities (1)                                                             interests)
(Officials — Open competition — Oral test — Non-
inclusion in the reserve list — Consistency of the composition                                     (2002/C 118/39)
      of the selection board — Knowledge of languages)
                         (2002/C 118/38)                                                    (Language of the Case: English)
                   (Language of the case: French)
                                                                         In Joined Cases T-195/01 R and T-207/01 R, Government of
In Case T-193/00: Bernard Felix, an official of the Commission           Gibraltar, represented by A. Sutton, M. Llamas, Barristers, and
of the European Communities, residing at Arlon (Belgium),                W. Schuster, lawyer, with an address for service in Luxem-
represented by J.-N. Louis and V. Peere, lawyers, with an                bourg, against Commission of the European Communities,
address for service in Luxembourg, v Commission of the                   (Agents: V. Di Bucci and R. Lyal): Application for interim
European Communities (Agent: J. Currall) — application for               measures in respect of the decisions of the Commission of
annulment of the decision of the selection board in compe-               11 July 2001, notified to the Government of the United
tition COM/A/12/98 awarding the applicant a lower mark                   Kingdom by letters SG(2001) D/289755 and SG(2001) D/
than the minimum required for the oral test and excluding                289757, to initiate the procedure provided for by
him from the reserve list — the Court of First Instance (Fifth           Article 88(2) EC in respect of alleged State aid granted under
Chamber), composed of: J.D. Cooke, President, and R. Gracı́a-            Gibraltarian legislation to exempt and qualifying companies
Valdecasas and P. Lindh, Judges; J. Plingers, Administrator, for         respectively, the President of the Court of First Instance made
the Registrar, has given a judgment on 7 February 2002, in               the following order on 19 December 2001, the operative part
which it:                                                                of which is as follows: