CELEX: C1998/113/28
Language: en
Date: 1998-04-11 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 17 February 1998 in Case T-105/96: Pharos SA v. Commission of the European Communities (Regulation (EEC) No 2377/90 - Inclusion of somatosalm in the list of substances not subject to maximum residue limits - Action for failure to act - Action for damages)

11.4.98               EN                Official Journal of the European Communities                                    C 113/11
2. orders the Commission to pay the costs.                           JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                        of 17 February 1998
( ) OJ C 180, 22.6.1996.
 1
                                                                        in Case T-105/96: Pharos SA v. Commission of the
                                                                                     European Communities (1)
                                                                   (Regulation (EEC) No 2377/90 Ð Inclusion of
                                                                   somatosalm in the list of substances not subject to
                                                                   maximum residue limits Ð Action for failure to act Ð
                                                                                        Action for damages)
                                                                                           (98/C 113/28)
   JUDGMENT OF THE COURT OF FIRST INSTANCE
                     of 17 February 1998
                                                                                  (Language of the case: French)
in Case T-91/96: Nicole Hankart v. Council of the
                      European Union (1)
(Officials Ð Open competition Ð Detailed practical                 In Case T-105/96: Pharos SA, having its registered office
organisational arrangements Ð Loss of a written test Ð             in Seraing (Belgium), represented by Alexandre
                Non-admission to the next test)                    Vandencasteele, of the Brussels Bar, with an address for
                                                                   service in Luxembourg at the Chambers of Ernest Arendt,
                         (98/C 113/27)                             8Ð10 rue Mathias Hardt, against Commission of the
                                                                   European Communities (Agents: Fernando Castillo de la
                                                                   Torre and Michel Nolin) Ð application, first, pursuant to
                                                                   Article 175 of the EC Treaty, for a declaration that the
                                                                   Commission unlawfully failed to pursue the procedure for
                (Language of the case: French)
                                                                   including somatosalm produced by the applicant in the list
                                                                   of substances not subject to maximum residue levels in
                                                                   Annex II to Council Regulation (EEC) No 2377/90 of
                                                                   26 June 1990 laying down a Community procedure for
In Case T-91/96: Nicole Hankart, an official of the                the establishment of maximum residue limits of veterinary
Commission of the European Communities, residing at                medicinal products in foodstuffs of animal origin (2), and,
Rhode-Saint-GeneÁse (Belgium), represented by Jean-NoeÈl           second, within the meaning of Articles 178 and 215
Louis, Thierry Demaseure, Ariane Tornel and VeÂronique             (second paragraph) of the Treaty for an order that the
Leclercq, of the Brussels Bar, with an address for service in      Commission make good the damage which the applicant
Luxembourg at the offices of Fiduciaire Myson SARL, 30             considers itself to have suffered through such inaction Ð
rue de Cessange, v. Council of the European Union                  the Court of First Instance (Third Chamber), composed of:
(Agent: TheÂreÁse Blanchet) Ð application for annulment of         B. Vesterdorf, President, C. P. BrieÈt and A. Potocki,
the decision of 13 March 1996 of the selection board in            Judges; B. Pastor, Principal Administrator, for the
open competition Council/C/360 not to admit the                    Registrar, has given a judgment on 17 February 1998, in
applicant to the second part of the written tests in that          which it:
competition Ð the Court of First Instance (First
Chamber), composed of: V. Tiili, President, and C. P. BrieÈt
and A. Potocki, Judges; B. Pastor, Principal Administrator,
for the Registrar, has given a judgment on 17 February             1. declares that there is no need to grant                the
1998, in which it:                                                     Commission's request for evidence to be heard,
                                                                   2. declares that there is no need to adjudicate on the
1. annuls the decision of 13 March 1996 of the selection               application for a declaration of failure to act,
     board in open competition Council/C/360 not to
     admit Ms Hankart to the second part of the written
     tests in that competition,
                                                                   3. dismisses the claim for damages as unfounded,
2. orders the Council to pay the costs.                            4. orders the applicant to pay the costs.
(1) OJ C 233, 10.8.1996.                                           (1) OJ C 269, 14.9.1996.
                                                                   (2) OJ L 224, 18.8.1990, p. 1.