CELEX: C2002/323/56
Language: en
Date: 2002-12-21 00:00:00
Title: Order of the Court of First Instance of 30 September 2002 in Case T-25/01: Francisco Miguel França v Commission of the European Communities (Officials — Special leave for voting — Travelling time — Supporting evidence — Lack of jurisdiction — Duty of cooperation and fairness — Principle of proportionality — Action manifestly devoid of any basis in law)

C 323/34                 EN                      Official Journal of the European Communities                                         21.12.2002
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                     JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 3 October 2002
                         of 9 October 2002
                                                                            in Case T-6/02: Michael Gerhard Franz Platte v Com-
                                                                                       mission of the European Communities (1)
in Case T-134/01: Hans Fuchs Versandschlachterei KG v
        Commission of the European Communities ( 1)                         (Officials — Appointment — Classification in grade —
                                                                                         Article 31(2) of the Staff Regulations)
(Regulation (EC) No 111/1999 — Regulation (EC) No 1135/                                               (2002/C 323/55)
1999 — Food-aid to Russia — Invitation to tender for
mobilisation — Invitation to tender for transport — Contrac-                                    (Language of the case: French)
tual relationship — Arbitration clause — Claim for perform-
ance of a contract — Admissibility — Provision of certifi-
     cates for each means of transport — Default interest)
                                                                            In Case T-6/02: Michael Gerhard Franz Platte, an official of the
                                                                            Commission of the European Communities, residing in Tielt-
                                                                            Winge, Belgium, represented by X. De Kesel and S. Peeters,
                           (2002/C 323/54)
                                                                            lawyers, against Commission of the European Communities
                                                                            (Agent: V. Joris and C. Berardis-Kayser) — application for
                                                                            annulment of the Commission’s decision of 31 January 2001
                     (Language of the case: German)                         definitively classifying the applicant in grade C 5, step 3 — the
                                                                            Court of First Instance (Single Judge); B. Pastor, Deputy
                                                                            Registrar, gave a judgment on 3 October 2002, in which it:
                                                                            1.     Dismissed the application;
In Case T-134/01, Hans Fuchs Versandschlachterei KG, estab-                 2.     Ordered each of the parties to bear its own costs.
lished in Duisburg (Germany), represented by U. Schrömbges,
L. Harings and C. Hütter, lawyers, v Commission of the
European Communities (Agent: M. Niejahr): Application for                   (1 ) OJ C 84 of 6.4.02.
an order that, primarily, the Commission or, alternatively, the
Bundesanstalt für Landwirtschaft und Ernährung, pay a sum of
DEM 13 130,04 (EUR 6 713,28), plus interest at an annual
rate of 8 % from 1 March 2000, the Court of First Instance
(Second Chamber), composed of: R. M. Moura Ramos, Presi-
dent, J. Pirrung and A. W. H. Meij, Judges; H. Jung, Registrar,
has given a judgment on 9 October 2002, in which it:
                                                                                   ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                  of 30 September 2002
1.     Orders the Commission to pay to the applicant the sum of
       EUR 6 713,28, together with default interest thereon from
       2 May 2000 until full payment. The rate of default interest to       in Case T-25/01: Francisco Miguel França v Commission
       be applied is to be calculated on the basis of the European                          of the European Communities ( 1)
       Central Bank’s rate for its main refinancing operations, in force
       during the period concerned, plus two percentage points;             (Officials — Special leave for voting — Travelling time —
                                                                            Supporting evidence — Lack of jurisdiction — Duty of
                                                                            cooperation and fairness — Principle of proportionality —
2.     For the rest, dismisses the application;                                       Action manifestly devoid of any basis in law)
3.     Orders the Commission to pay the costs.                                                        (2002/C 323/56)
                                                                                              (Language of the case: Portuguese)
( 1) OJ C 245 of 1.9.2001.
                                                                            In Case T-25/01: Franciso Miguel Viana França, an official of
                                                                            the Commission of the European Communities, residing in
                                                                            Brussels, represented by G. Gentil Anastácio, lawyer, against
 ---pagebreak--- 21.12.2002             EN                        Official Journal of the European Communities                                          C 323/35
Commission of the European Communities (Agents: R. de                       1.    Dismissed the action as manifestly inadmissible;
Avelar Santos and F-Clotuche-Duvieusart) — application for
annulment of the Commission’s decision of 31 March 2000                     2.    Ordered each party to bear its own costs.
refusing to allow the applicant travelling time in connection
with special leave for the purpose of voting — the Court of
First Instance (Fifth Chamber), composed of J. D. Cooke,
                                                                            (1 ) OJ C 3 of 5.1.02.
President, and R. García-Valdecasas and P. Lindh, Judges;
H. Jung, Registrar, made an order on 30 September 2002, in
which it:
1.    Dismissed the action as manifestly unfounded;
2.    Ordered the applicant to bear the whole of the costs.                        ORDER OF THE COURT OF FIRST INSTANCE
                                                                                                   of 10 September 2002
( 1) OJ C 108 of 7.4.01.
                                                                            in Case T-287/01: Bioelettrica SpA v Commission of the
                                                                                                European Communities ( 1)
                                                                            (Article 238 EC — Arbitration clause — Thermie pro-
                                                                            gramme — Unilateral termination of the contract by the
                                                                            Commission — Request that the case not proceed to judg-
                                                                                                            ment)
       ORDER OF THE COURT OF FIRST INSTANCE                                                           (2002/C 323/58)
                                                                                                (Language of the case: Italian)
                      of 27 September 2002
in Case T-254/01: Giuseppe Di Pietro v Court of Auditors                    In Case T-287/01: Bioelettrica SpA, established in Pisa (Italy),
               of the European Communities ( 1)                             represented by O. Fabe Dal Negro, lawyer, against Commission
                                                                            of the European Communities (Agents: H. Støvlbaek, R. Amo-
                                                                            rosi and M. Moretto) — application seeking, first, a declaration
(Officials — Appointment — Preliminary administrative                       that the termination notified by the Commission on 6 Septem-
  procedure — Procedural error — Manifest inadmissibility)                  ber 2001 of contract BM 1007/94 IT/DE/UK/PO, of 12 Decem-
                                                                            ber 1994 on the implementation of the project entitled ‘Energy
                                                                            Farm: an IGCC plant for the production of electricity and heat
                                                                            through gasification of SRF biomass (Phase 1)’ is null and
                         (2002/C 323/57)                                    unlawful and, secondly, an order requiring the Commission to
                                                                            make good the damage allegedly suffered by the applicant as a
                                                                            result of the Commission’s conduct — the Court of First
                    (Language of the case: Italian)                         Instance (Third Chamber), composed of M. Jaeger, President,
                                                                            K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar, made an
                                                                            order on 10 September 2002, the operative part of which is
                                                                            as follows:
In Case T-254/01: Giuseppe Di Pietro, residing in Messina,                  1.    The request that the case not proceed to judgment is rejected.
Italy, represented by G. Monforte, lawyer, against Court of
Auditors of the European Communities (Agents: J.-M. Stenier,                2.    Costs are reserved.
P. Giusta and B. Schäfer) — application for annulment of the
Court of Auditors’ decision of 22 February 2001 appointing
the Secretary-General of that institution — the Court of First              (1 ) OJ 2002 C 31.
Instance (Third Chamber), composed of M. Jaeger, President,
and K. Lenaerts and J. Azizi, Judges; H. Jung, Registrar, made
an order on 27 September 2002, in which it: