CELEX: C1995/101/20
Language: en
Date: 1995-04-22 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 15 February 1995 in Case T-112/94: Andrew Macrae Moat v. Commission of the European Communities (Officials - Action for annulment - Pre-litigation procedure - Interest in bringing proceedings - Action for damages - Summary of the pleas in law on which the application is based - Inadmissibility)

22. 4. 95          l_EN                  Official Journal of the European Communities                                 No C 101 /7
office is in Boulogne-sur-Mer ( France ), Klipper                   order to fill a post declared vacant by notice of vacancy
Investissements Sàrl, whose registered office is in                 No 62/91 , secondly, of the decision of the Economic and
Concarneau, v. Commission of the European Communities               Social Committee to reject the applicant's candidature for
(Agent: G. Rozet) — application for, first, annulment of the        the said post and, thirdly, of the decision appointing Mr B.
Commission's letter of 2 June 1993 refusing to allocate to          as a director in the General Secretariat of the Economic and
the applicants the balance of Community assistance granted          Social Committee, the Court of First Instance ( Second
for the construction of a fishing vessel and, secondly, an          Chamber), composed of: B. Vesterdorf, President, D. P. M.
order pursuant to the second paragraph of Article 215 of the        Barrington and A. Saggio, Judges; H. Jung: Registrar, has
EC Treaty that the Commission make good the harm                    given a judgment on 22 March 1 995 in which it:
allegedly suffered by the applicants, the Court of First
Instance ( Fourth Chamber ), composed of: K. Lenaerts,              1 , orders the Economic and Social Committee to pay the
President, and R. Schintgen and R. Garcia-Valdecasas,                     applicant the sum of ECU 2 000 by way of damages for
Judges; H. Jung, Registrar, gave a judgment on 15 March                   breach of administrative duty;
1995 , the operative part of which is as follows:
1 , the application is dismissed as inadmissible in so far as it    2 , dismisses the remainder of the application;
    seeks annulment of the decision of 2 June 1 993;
                                                                    3,    orders the Economic and Social Committee to bear its
2 , the application is dismissed as inadmissible in so far as it          own costs and halfofthe applicant's costs, the other half
    seeks payment of the balance of the aid sought;                       to be borne by the applicant himself.
3 , the Commission is ordered to pay the applicants interest ,      ( J ) OJ No C 43 , 12 . 2 . 1994 .
    at the rate of 8% per annum of the sum of FF 875 000
    for the period from 10 January to 12 June 1992;
4 , the remainder of the application is dismissed;
5 , the applicants are to bear their own costs and jointly and
    severally one-quarter of the costs of the Commission.                 ORDER OF THE COURT OF FIRST INSTANCE
     The Commission is to bear three-quarters of its own                                   of 15 February 1995
     costs.
                                                                    in Case T-l 12/94 : Andrew Macrae Moat v. Commission of
0 ) OJ No C 293 , 29 . 10 . 1993 .                                                   the European Communities i 1 )
                                                                    (Officials — Action for annulment — Pre-litigation
                                                                    procedure — Interest in bringing proceedings — Action for
                                                                    damages — Summary of the pleas in law on which the
                                                                                application is based — Inadmissibility)
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                ( 95/C 101 /20
                      (Second Chamber)
                      of 22 March 1995                                              (Language of the case: English)
in Case T-586/93 : Petros Kotzonis v. Economic and Social
        Committee of the European Communities (*)                   In Case T-l 12/94 : Andrew Macrae Moat, an official of the
(Officials — Recruitmentprocedure — Stating ofreasons —             Commission of the European Communities, represented by
Misuse ofpowers — Transfer from the Language Service to             Luc Govaert, of the Brussels Bar, with an address for service
 Category A — Articles 7, 25, 27, 29 and 45 of the Staff            in Luxembourg at the Chambers of Lucy Dupong, 14a Rue
                           Regulations)                             des Bains, against the Commission of the European
                         ( 95/C 101/19 )                            Communities (Agent: Thomas F. Cusack ) — application for
                                                                    a judgment ( i ) condemning the Commission for its failure to
               (Language of the case: French)                       tell the applicant what post he occupies and what his duties
                                                                    are and, consequently, its failure to give him work and ( ii )
(Provisional translation; the definitive translation will be        awarding the applicant damages — the Court of First
         published in the European Court Reports)                   Instance (Third Chamber), composed of J. Biancarelli,
                                                                    President, C. P. Briët and C. W. Bellamy, Judges, H. Jung,
In Case T-586/93 : Petros Kotzonis, official of the Economic        Registrar, made an order on 15 February 1995 , the
and Social Committee of the European Communities,                   operative part of which is as follows :
resident in Brussels, represented by Olivier Slusny and
Marcel Slusny, of the Brussels Bar, with an address for             1 , the application is dismissed as inadmissible;
service in Luxembourg at the chambers of Ernest Arendt,
8— 10 Rue Mathias Hardt v . Economic and Social
                                                                    2 , the parties shall bear their own costs. .
Committee of the European Communities (Agent: D.
Lagasse ) — application for annulment, first, of the decision
of the Economic and Social Committee to follow the                  (!) OJ No C 132 , 14 . 5 . 1994 .
procedure laid down in Article 29 ( 2 ) of the Staff
Regulations of Officials of the European Communities in