CELEX: C1996/095/29
Language: en
Date: 1996-03-30 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 15 February 1996 in Case T-125/95: Hassan Belhanbel v. Commission of the European Communities (Official - Competition - Decision of the selection board that a candidate has failed the oral test - Scope of the obligation to state reasons)

30 . 3 . 96          | EN                   Official Journal of the European Communities                                 No C 95/ 15
2 . orders the parties to bear their own costs, including              Hoskins, Barrister, of the Bar of England and Wales, with an
      those incurred in the procedure for interim measures.            address for service at Brick Court Chambers, 8 Avenue de la
                                                                       Joyeuse Entree, Brussels, against Council of the European
(M OJ No C 43 , 12 . 2 . 1994 .                                        Union ( Agents: Jürgen Huber and Guus Houttuin ) and
                                                                       Commission of the European Communities ( Agents: Frank
                                                                       Benyon and Lucio Gussetti ) — application for suspension of
                                                                       the operation of Council Regulation ( EEC ) No 3254/91 of
                                                                       4 November 1991 prohibiting the use of leghold traps in the
                                                                       Community and the introduction into the Community of
                                                                       pelts and manufactured goods of certain wild animal species
 JUDGMENT OF THE COURT OF FIRST INSTANCE                               originating in countries which catch them by means of
                      of 15 February 1996                              leghold traps or trapping methods which do not meet
                                                                       international humane trapping standards ( OJ No L 308 ,
in Case T-125/95 : Hassan Belhanbel v. Commission of the
                                                                       p. 1 ) — the President of the Court of First Instance made an
                   European Communities ( 1 )                          order on 12 February 1996 , the operative part of which is as
(Official — Competition — Decision of the selection board              follows :
that a candidate has failed the oral test — Scope of the
                  obligation to state reasons)
                                                                       1 . the application for interim measures is dismissed;
                             ( 96/C 95/29 )
                                                                       2.   costs are reserved.
                (Language of the case: French)
In Case T-125/95 , Hassan Belhanbel, a former member of
the temporary staff of the Commission of the European
Communities, residing at Namur ( Belgium ), represented by
Jean-Noel Louis, Thierry Demaseure and Ariane Tornel, of               Action brought on 21 December 1995 by 'T' against the
the Brussels Bar, with an address for service in Luxembourg                                 European Parliament
at the offices of Fiduciaire Myson Sari, 1 Rue Glesener, v.
Commission of the European Communities ( Agent: Ana                                           Case T-233/95 )
Maria Alves Vieira ) — application for the annulment of the                                     ( 96/C 95/31 )
decision of the selection board in competition COM/B/765
awarding the applicant, in the oral test, a lower mark than
the minimum required and refusing to enter his name on the                             (Language of the case: Greek)
reserve list — the Court of First Instance ( Third Chamber ),
composed of: C.P. Briët, President, and B. Vesterdorf and              An action against the European Parliament was brought
A. Potocki, Judges; H. Jung, Registrar, has given a judgment           before the Court of First Instance on 21 December 1995 by
on 15 February 1996, in which it:                                      'T', represented by Harisios Tagaras, of the Thessaloniki
                                                                       Bar, with an address for service in Luxembourg at the
1 . dismisses the action;                                              Chambers of Evelyne Korn, 21 Rue de Nassau.
2 . orders the parties to bear their own costs.                        The applicant claims that the Court should :
( ! ) OJ No C 208 , 12 . 8 . 1995 .                                    — annul the staff report on the applicant for the period
                                                                           1 January 1993 to 1 January 1995 , in particular heading
                                                                           10 . 1 ,
                                                                       — annul the decision of the Secretary-General of the
                                                                           Parliament of 19 September 1995 confirming the above
                                                                           staff report,
               ORDER OF THE PRESIDENT
          OF THE COURT OF FIRST INSTANCE                               — order the Parliament to pay the costs .
                      of 12 February 1996
in Case T-228/95 R: S. Lehrfreund Ltd v. Council of the                Pleas in law and main arguments adduced in support:
European Union and Commission of the European
                             Communities
                                                                       The applicant, an official of the Parliament in Grade A 5
                             ( 96/C 95/30 )                            serving in the Legal Service, states that, for the purpose of
                                                                       promoting another candidate, the detailed part of his staff
                                                                       report for the period 1 January 1993 to 1 January 1995 was
               (Language of the case: English)                         decided in advance and did not correspond to reality . In
                                                                       support of that claim he relies on the lack of consistency
In Case T-228/95 R: S. Lehrfreund Ltd, established in                  between the detailed report and the general assessment
London, represented by Nicholas Forwood QC and Mark                    contained in the report. In his view the huge improvement