CELEX: C2004/085/49
Language: en
Date: 2004-04-03 00:00:00
Title: Order of the Court of First Instance of 25 November 2003 in Case T-85/01: IAMA Consulting S.r.l. v Commission of the European Communities (Esprit Programme — Actions in the field of research and technological development — Community financing — Eligible expenditure — Arbitration clause — Action for annulment — Admissibility — Counterclaim — Jurisdiction of the Court of First Instance)

3.4.2004               EN                          Official Journal of the European Union                                            C 85/25
1.    Dismisses the application;                                                 ORDER OF THE COURT OF FIRST INSTANCE
2.    Orders the parties to bear their own costs.
                                                                                                of 25 November 2003
(1) OJ C 131 of 1.6.2002.
                                                                           in Case T-85/01: IAMA Consulting S.r.l. v Commission of
                                                                                           the European Communities (1)
                                                                           (Esprit Programme — Actions in the field of research
                                                                           and technological development — Community financing —
                                                                           Eligible expenditure — Arbitration clause — Action for
                                                                           annulment — Admissibility — Counterclaim — Jurisdiction
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                 of the Court of First Instance)
                       of 20 January 2004
                                                                                                    (2004/C 85/49)
in Case T-195/02: Anselmo Briganti v Commission of the
                  European Communities (1)
                                                                                              (Language of the case: Italian)
(Officials — Open competition — Action for annulment —
Pre-selection procedure — Conduct of the tests — Retro-
active annulment of certain multiple-choice questions —
Principle of equal treatment — Principle of legitimate
                            expectations)                                  In Case T-85/01: IAMA Consulting S.r.l., established in Milan,
                                                                           represented by V. Salvatore, lawyer, against Commission of
                                                                           the European Communities (Agents: E. de March and A. Dal
                           (2004/C 85/48)                                  Ferro) – application for annulment of the provisions adopted
                                                                           by the Commission on 12 and 21 February 2001 relating to
                                                                           expenditure eligible for Community financing in connection
                   (Language of the case: Italian)                         with the REGIS 22337 and REFIAG 23200 Projects, carried
                                                                           out under the European programme for research and develop-
                                                                           ment in information technologies (Esprit) — the Court of First
                                                                           Instance, composed, at the time of its deliberation, of V. Tiili,
                                                                           President, and P. Mengozzi, M. Vilaras, J. Pirrung and
In Case T-195/02: Anselmo Briganti, residing in Tarente (Italy),           A. W. H. Meij, Judges; H. Jung, Registrar, made an order on
represented by G. Sciusco, lawyer, with an address for service             25 November 2003, the operative part of which is as follows:
in Luxembourg, against Commission of the European Com-
munities (Agents: J. Currall and A. Dal Ferro) — application,
principally, for annulment of the decision of the selection
board in open competition Commission of the European                       (1) The forms of order sought as a main claim and in the alternative
Communities/A/11/01 not to admit the applicant to the tests                     by the applicant are dismissed as inadmissible.
subsequent to the pre-selection tests, the Court of First
Instance, composed of J. D. Cooke, Single Judge; H. Jung,
Registrar, gave a judgment on 20 January 2004, in which it:                (2) The counterclaim by the Commission is referred back to the
                                                                                Court.
1.    Dismisses the action;
                                                                           (3) The applicant is ordered to pay the costs.
2.    Orders the parties to bear their own costs.
                                                                           (1) OJ C 186, 30.6.2001.
(1) OJ C 191 of 10.8.2002.