CELEX: C2001/134/47
Language: en
Date: 2001-05-05 00:00:00
Title: Order of the Court of First Instance of 9 January 2001 in Case T-149/00: Innova, Centro Euromediterraneo per lo Sviluppo Sostenibile v Commission of the European Communities (Action for annulment — Action concerning what is in fact a dispute of a contractual nature — Lack of jurisdiction of the Court of First Instance)

5.5.2001                EN                     Official Journal of the European Communities                                          C 134/21
1.    Dismissed the application;                                               ORDER OF THE COURT OF FIRST INSTANCE
2.    Ordered the applicant to pay the costs.                                                    of 17 January 2001
                                                                          in Case T-124/99: Autosalone Ispra dei Fretelli Rossi Snc
(1) OJ C 79 of 18.3.00.                                                   v European Atomic Energy Authority, represented by the
                                                                                  Commission of the European Communities (1)
                                                                          (Action for compensation — Non-contractual liability —
                                                                          Flood — Obstruction of a drain — Time-limit — No effect
                                                                                                  on running of time)
                                                                                                    (2001/C 134/46)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                              (Language of the case: Italian)
                        of 18 January 2001
                                                                          In Case T-124/99: Autosalone Ispra dei Fratelli Rossi Snc,
                                                                          established in Ispra (Italy), represented by F. Venuti, of the
in Case T-65/00: Angeliki Ioannou v Council of the                        Busto Arsizio Bar, with an address for service in Luxembourg
                        European Union (1)                                at the Chambers of A. Kronshagen, 22 Rue Marie-Adelaïde,
                                                                          against European Atomic Energy Community, represented
(Officials — Refusal of recruitment — Physical unfitness                  by the Commission of the European Communities (Agents:
— Opinion of the medical board — Judicial review —                        H. Speyart and P. Stancanelli) — application for a declaration
Comprehensible link between the medical findings and the                  that the European Atomic Energy Community is liable for the
                      conclusion of unfitness)                            harm sustained by the applicant following a flood in Ispra
                                                                          during the night of 1-2 June 1992 and, accordingly, for an
                                                                          order that that Community is to make good that damage —
                         (2001/C 134/45)                                  the Court of First Instance (Second Chamber), composed of
                                                                          A.W.H. Meij, President, and A. Potocki and J. Pirrung, Judges;
                                                                          H. Jung, Registrar, has made an order on 17 January 2001, the
                    (Language of the case: French)                        operative part of which is as follows:
                                                                          1.    The application is dismissed as manifestly inadmissible;
In Case T-65/00: Angeliki Ioannou, a former employee of the
Economic Union between Belgium, the Netherlands and                       2.    The applicant is ordered to bear its own costs and to pay those
Luxembourg (Benelux) assigned to the Schengen Secretariat,                      incurred by the Commission.
residing in Brussels, represented by J. van Rossum, of the
Brussels Bar, with an address for service in Luxembourg at the            (1) OJ C 226, 7.8.1999, p. 39.
offices of Société de Gestion Fiduciaire, 13 Avenue du Bois, v
Council of the European Union (Agents: F. Anton and M. Bauer)
— application for annulment of the Council’s decision of
21 May 1999 refusing to appoint the applicant a probationary
official upon the integration of the Schengen Secretariat into
the General Secretariat of the Council on the ground of
physical unfitness to perform the duties envisaged — the Court                  ORDER OF THE COURT OF FIRST INSTANCE
of First Instance (Third Chamber), composed of: J. Azizi,
President, and K. Lenaerts and M. Jaeger, Judges; J. Palacio                                      of 9 January 2001
González, Administrator, for the Registrar, has given a judg-
ment on 18 January 2001, in which it:                                     in Case T-149/00: Innova, Centro Euromediterraneo per
                                                                          lo Sviluppo Sostenibile v Commission of the European
1.    Annuls the decision of the Council of 21 May 1999 refusing                                    Communities (1)
      to appoint the applicant a probationary official upon the
      integration of the Schengen Secretariat into the Secretariat of     (Action for annulment — Action concerning what is in fact
      the Council on the ground of physical unfitness to perform the      a dispute of a contractual nature — Lack of jurisdiction of
      duties envisaged;                                                                      the Court of First Instance)
2.    Orders the Council to pay the costs.                                                         (2001/C 134/47)
(1) OJ C 135 of 13.5.2000.                                                                    (Language of the case: French)
                                                                          In Case T-149/00: Innova, Centro Euromediterraneo per lo
                                                                          Sviluppo Sostenibile, established at Calatafimi (Italy), represent-
 ---pagebreak--- C 134/22                EN                       Official Journal of the European Communities                                      5.5.2001
ed by D. Fosselard, of the Brussels Bar, with an address for                ORDER OF THE PRESIDENT OF THE COURT OF FIRST
service in Luxembourg at the Chambers of Messrs Arendt &                                                 INSTANCE
Medernach, 8-10 Rue Mathias Hardt, v Commission of the
European Communities (Agents: M.-J. Jonczy and E. Paasivirta)
– application for annulment of the Commission’s decision of                                         of 15 January 2001
23 March 2000 terminating the contract concluded with the
applicant relating to the Dionysos project — the Court of
First Instance (Fourth Chamber), composed of: P. Mengozzi,                  in Case T-236/00 R: Gabriele Stauner and Others
President, and V. Tiili and R.M. Moura Ramos, Judges; H. Jung,              v. European Parliament and Commission of the European
Registrar, made an order on 9 January 2001, the operative                                              Communities
part of which is as follows:
1.    The application is dismissed as inadmissible.                         (Interim relief proceedings — Framework agreement on
                                                                            Relations between the European Parliament and the Com-
2.    The applicant is to pay the costs, including those relating to the             mission — Article 197 CE — Admissibility)
      proceedings for interim measures.
                                                                                                      (2001/C 134/49)
(1) OJ C 233 of 12.8.2000.
                                                                                               (Language of the case: German)
                                                                            In Case T-236/00 R: Gabriele Stauner, residing in Wolfrats-
                                                                            hausen (Germany), Freddy Blak, residing in Næstved (Den-
       ORDER OF THE COURT OF FIRST INSTANCE                                 mark), Jens-Peter Bonde, residing in Bagsværd (Denmark),
                                                                            Theodorus Bouwman, residing in Eindhoven (Netherlands),
                        of 10 January 2001                                  Kathalijne Maria Buitenweg, residing in Amsterdam (Nether-
                                                                            lands), Mogens Camre, residing in Copenhagen, Rijk van Dam,
                                                                            residing in Rotterdam (Netherlands), Michl Ebner, residing
in Case T-153/00: Spain Pharma S.A. v Commission of the                     in Bolzano (Italy), Christopher Heaton-Harris, residing in
                   European Communities (1)                                 Kettering, Northamptonshire (United Kingdom), Lousewies
                                                                            van der Laan, residing in Brussels, Joost Lagendijk, residing in
(Action for a declaration of failure to act — Case not                      Rotterdam, Nelly Maes, residing in Sinaai (Belgium), Franz-
                     proceeding to judgment)                                Xaver Mayer, residing in Landau-sur-l’Isar (Germany), Franzis-
                                                                            ka Emilia Müller, residing in Bruck (Upper Palatinate) (Germ-
                          (2001/C 134/48)                                   any), Alexander Radwan, residing in Rottach-Egern (Germany),
                                                                            Alexander de Roo, residing in Amsterdam, Heide Rühle,
                                                                            residing in Stuttgart (Germany), Ursula Schleicher, residing in
                   (Language of the case: Spanish)                          Munich (Germany), Inger Schöring, residing in Gävle (Sweden),
                                                                            Esko Olavi Seppänen, residing in Helsinki, Bart Staes, residing
                                                                            in Antwerp (Belgium), Claude Turmes, residing in Esch-sur-
In Case T-153/00: Spain Pharma S.A., established in Madrid,                 Alzette (Luxembourg), Members of the European Parliament,
represented by R. Gutiérrez Sánchez, of the Madrid Bar, with               represented by J. Sedemund et T. Lübbig, Rechtsanwälte,
an address for service in Luxembourg at the Chambers of                     Berlin, with an address for service in Luxembourg at the
Messrs Molitor, Feltgen & Harpes, 55 Boulevard de la Pétrusse,              Chambers of M. di Stefano, 49 Avenue de la Gare, against
v Commission of the European Communities (Agent: E. Gip-                    European Parliament (Agents: C. Pennera et M. Berger) and
pini Fournier) — application for a declaration that the                     Commission of the European Communities (Agents: U. Wölker
Commission has improperly failed, in breach of the Treaty, to               et X. Lewis) — application for suspension of application, first,
take a decision on a complaint concerning alleged infringe-                 of paragraphs 17 and 19 of the Framework Agreement of
ments of Articles 81 and 82 EC — the Court of First Instance                5 July 2000 on Relations between the European Parliament
(Second Chamber), composed of: A.W.H. Meij, President, and                  and the Commission and, second, Annex 3 to that Framework
A. Potocki and J. Pirrung, Judges; H. Jung, Registrar, made an              Agreement, the President of the Court of First Instance has
order on 10 January 2001, the operative part of which is as                 made an order on 15 January 2001, the operative part of
follows:                                                                    which is as follows:
1.    There is no need to adjudicate on the present action.
                                                                            1.    The application for interim relief is dismissed;
2.    The parties are to bear their own costs.
                                                                            2.    The decision as to costs is reserved.
( 1) OJ C 247 of 26.8.2000.