CELEX: C1999/160/37
Language: en
Date: 1999-06-05 00:00:00
Title: Judgment of the Court of First Instance of 25 February 1999 in Joined Cases T-282/97 and T-57/98: Antonio Giannini v. Commission of the European Communities (Officials - Notice of vacancy - Appointment - Compliance with a judgment of the Court of First Instance - Misuse of powers)

5.6.1999                EN                     Official Journal of the European Communities                                           C 160/19
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                   JUDGMENT OF THE COURT OF FIRST INSTANCE
                         of 25 March 1999                                                        of 25 February 1999
in Case T-37/97: Forges de Clabecq SA v. Commission of                     in Joined Cases T-282/97 and T-57/98: Antonio Giannini
                  the European Communities (1)                                   v. Commission of the European Communities (1)
(ECSC — State aid — Action for annulment — Plea of                        (Officials — Notice of vacancy — Appointment — Com-
                illegality — Fifth Steel Aid Code)                        pliance with a judgment of the Court of First Instance —
                                                                                                   Misuse of powers)
                          (1999/C 160/36)
                                                                                                    (1999/C 160/37)
                    (Language of the case: French)
                                                                                              (Language of the case: French)
In case T-37/97: Forges de Clabecq SA, established at Clabecq
(Belgium), in the person of Alain Zenner, Dominique Jossart,              In Joined Cases T-282/97 and T-57/98: Antonio Giannini, an
Gérard Leplat and Gilbert Demez, receivers, represented in the            official of the Commission of the European Communities,
present proceedings by Pierre-Paul van Gehuchten, of the                  residing in Brussels, represented by Marc Dallemagne and
Brussels Bar, with an address for service in Luxembourg at the            Carlo Locchi, of the Brussels Bar, 85, rue du Prince royal,
Chambers of Louis Schiltz, 2, rue du Fort Rheinsheim,                     Brussels, v. Commission of the European Communities
supported by the Kingdom of Belgium, represented by Jan                   (Agents: Gianluigi Valsesia and Julian Currall) — application,
Devadder, General Adviser in the Legal Service of the Ministry            first, for annulment of the decisions taken by the Commission
of Foreign Affairs, acting as Agent, assisted by Jean-Marie de            in compliance with the judgment of the Court of First Instance
Backer, Georges Vandersanden, Olivier Ralet and Laure Levi,               of 19 March 1997 in Case T-21/96 Giannini v. Commission
of the Brussels Bar, with an address for service in Luxembourg            [1997] ECR-SC II-211 and, second, for compensation for the
at the Belgian Embassy, 4, rue des Girondins, Walloon Region,             material and non-material damage suffered by the applicant
represented by Jean-Marie de Backer, Georges Vandersanden                 on account of those decisions — the Court of First Instance
and Olivier Ralet, of the Brussels Bar, with an address for               (Fourth Chamber), composed of: R. M. Moura Ramos, Presi-
service in Luxembourg at the offices of Fiduciaire Myson SARL,            dent, and V. Tiili and P. Mengozzi, Judges: J. Palacio González,
30, rue de Cessange, and Société wallonne pour la sidérurgie              Administrator, for the Registrar, has given a judgment on
SA (SWS), established in Liège (Belgium), represented by                  25 February 1999, in which it:
Jean-Marie de Backer, Georges Vandersanden and Olivier Ralet,
of the Brussels Bar, with an address for service in Luxembourg
at the offices of Fiduciaire Myson SARL, 30, rue de Cessange,             1. annuls the Commission’s decision of 10 April 1997 cancelling
v. Commission of the European Communities (Agent: Gérard                       vacancy notice COM/151/94, issued with a view to filling the
Rozet) — application for annulment of the Commission                           post of ‘Head of Unit responsible for the negotiation and
Decision of 18 December 1996 declaring certain financial                       management of textile agreements; footwear’, and vacancy notice
assistance granted to the applicant to be incompatible with the                COM/062/97, issued with a view to filling the post of ‘Head of
common market — the Court of First Instance (Fourth                            Unit responsible for the negotiation and management of textile
Chamber, extended composition), composed of: R. M. Moura                       agreements; footwear and other industries’,
Ramos, President, and R. Garcı́a-Valdecasas, V. Tiili, P. Lindh
and P. Mengozzi, Judges: J. Palacio González, Administrator,
for the Registrar, has given a judgment on 25 March 1999, in              2. annuls the Commission’s decision of 30 May 1997 appointing
which it:                                                                      Mr X to the post of ‘Head of Unit responsible for the negotiation
                                                                               and management of textile agreements; footwear and other
                                                                               industries’,
1. dismisses the action,
                                                                          3. dismisses the remainder of the actions,
2. orders the applicant to bear its own costs and to pay the costs of
     the defendant,
                                                                          4. orders the Commission to pay all the costs.
3. orders the interveners to bear their own costs.
                                                                          (1) OJ C 387, 20.12.1997 and OJ C 184, 13.6.1998.
(1) OJ C 131, 26.4.1997.