CELEX: C1997/131/35
Language: en
Date: 1997-04-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 18 March 1997 in Joined Cases T-178/95 and T-179/95: Santo Picciolo and Giuseppe Caló v. Committee of the Regions of the European Union (Officials - New post with the Committee of the Regions - Vacancy Notice - Rejection of candidatures - Application for annulment - Delay in communicating the rejection decisions - Failure to state reasons - Equality of treatment - Manifest error of assessment)

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