CELEX: C1995/101/18
Language: en
Date: 1995-04-22 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 March 1995 in Case T-514/93: Cobrecaf SA and Others v. Commission of the European Communities (Fisheries - Community financial assistance for the construction of fishing vessels - Regulation (EEC) No 4028/86 - Admissibility - Confirmatory decision - Action for damages)

No C 101 /6           EN                 Official Journal of the European Communities                                  22 . 4 . 95
                                                   COURT OF FIRST INSTANCE
JUDGMENT OF THE COURT OF FIRST INSTANCE                             JUDGMENT OF THE COURT OF FIRST INSTANCE
                      (Fourth Chamber)                                                    (Fourth Chamber)
                     of 21 February 1995                                                of 23 February 1995
in Case T-506/93 : Andrew Macrae Moat v. Commission of              in Case T-535/93 : F. v. Council of the European
                the European Communities (*)                                                    Union i 1 )
(Officials — Promotion — Consultation of staffreports —             (Officials — Recruitment — Refusal of employment on
Complaint — Failure to give a reasoned reply — Action for           account ofphysical unfitness — Right to a fair hearing —
annulment — Admissibility — Compensation for                                        Manifest error of assessment)
                             damage)                                                         ( 95/C 101 /17
                         ( 95/C 101/16 )
                                                                                   (Language of tbe case: French)
                                                                    (Provisional translation; the definitive translation will be
               (Language of the case: Englisb)                               published in thé European Court Reports)
                                                                    In Case T-535/93 : F, residing at Esbjerg ( Denmark ),
                                                                    represented by Jean-Noël Louis, of the Brussels Bar, with an
                                                                    address for service in Luxembourg at the office of Fiduciaire
In Case T-506/93 : Andrew Macrae Moat, an official of the
                                                                    Myson Sàrl, 1 Rue Glesener, v. Council of the European
Commission of the European Communities, represented by              Union (Agent: O. Petersen) — application for the annulment
Luc Govaert, of the Brussels Bar, with an address for service       of the decision of the Council of 6 November 1992 not to
in Luxembourg at the Chambers of Lucy Dupong, 14a Rue               recruit the applicant on account of a lack of physical fitness
des Bains, v. Commission of the European Communities                to perform typing duties, adopted in consequence of the
(Agent: T. F. Cusack) — application for the annulment of            medical officer's opinion, confirmed by the medical
various decisions of the Commission appointing and
                                                                    committee, declaring the applicant physically unfit, and for
promoting officials and for compensation for the damage
                                                                    the annulment, in so far as may be necessary, of the decision
allegedly suffered by the applicant on account of the failure       rejecting the applicant's complaint — the Court of First
to give a reasoned reply to his two complaints and of his not
                                                                    Instance (Fourth Chamber ), composed of: C. P. Briët,
having been appointed or promoted — the Court of First              President, and A. Saggio and C. W. Bellamy, Judges; J.
Instance ( Fourth Chamber), composed of: K. Lenaerts,               Palacio Gonzalez, Registrar, has given a judgment on
President, R. Schintgen and R. Garcia-Valdecasas, Judges,
                                                                    23 February 1995 , in which it:
B. Pastor, Administrator, for the Registrar, has given a
judgment on 21 February 1 995 , in which it:                        1 , dismisses the application;
                                                                    2 , orders the defendant to bear its own costs and to pay
                                                                        those of the applicant and half of the costs of the
1 , dismisses the application as inadmissible in so far as it           intervener;
    seeks, first, the annulment of the decisions of the
    Commission making promotions to grade A3 for 1991               3 , orders the intervener to bear half of its own costs.
    and 1992 and making an appointment to the post of
                                                                    (M OJ No C 325 , 9 . 12 . 1993 .
    head of unit which was the subject of Vacancy Notice
    COM/22/92, and secondly, the award of damages for
    the unlawful acts allegedly committed in the course of
    those procedures;                                                JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                          of 15 March 1995
                                                                    in Case T-514/93 : Cobrecaf SA and Others v. Commission
2 , dismisses the remainder of the application as                                 of the European Communities (*)
    unfounded;                                                      (Fisheries — Community financial assistance for the
                                                                    construction of fishing vessels — Regulation (EEC)
                                                                    No 4028/86 — Admissibility — Confirmatory decision —
3 , orders the parties to bear their own costs.                                          Action for damages)
                                                                                             ( 95/C 101/18 )
                                                                                   (Language of the case: French)
(!) OJ No C 277, 15 . 10 . 1993 .
                                                                    (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
                                                                    In Case T-514/93 : Cobrecaf SA, whose registered office is in
                                                                    Concarneau ( France), Pêche et Froid SA, whose registered
 ---pagebreak--- 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