CELEX: C2001/289/59
Language: en
Date: 2001-10-13 00:00:00
Title: Judgment of the Court of First Instance of 27 June 2001 in Joined Cases T-164/99, T-37/00 and T-38/00 Alain Leroy and Others v Council of the European Union (Decision 1999/307/EC — Integration of the Schengen Secretariat into the General Secretariat of the Council — Action for annulment)

C 289/24                EN                     Official Journal of the European Communities                                       13.10.2001
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                     ORDER OF THE COURT OF FIRST INSTANCE
                          of 27 June 2001                                                             of 7 June 2001
                                                                          in Case T-328/00: Mario Costacurta v Commission of the
in Joined Cases T-164/99, T-37/00 and T-38/00 Alain                                           European Communities (1)
   Leroy and Others v Council of the European Union (1)
                                                                          (Officials — Assignment of the applicant to a third country
(Decision 1999/307/EC — Integration of the Schengen                       in 1993 — Reintegration of the official in the Publications
Secretariat into the General Secretariat of the Council —                 Office in 1996 — Loss of entitlement to the derogating
                       Action for annulment)                              provisions of Annex X to the Staff Regulations — Request
                                                                          to be reassigned to a third State submitted in 2000 on the
                                                                          basis of Annex X — Inadmissibility of the action directed
                          (2001/C 289/59)                                           against the Commission’s implied decisions)
                                                                                                    (2001/C 289/60)
                    (Language of the case: French)
                                                                                               (Language of the case: French)
In Joined Cases T-164/99, T-37/00 and T-38/00 Alain Leroy,
former employee of the Economic Union of Belgium, the                     In Case T-328/00: Mario Costacurta, an official of the Com-
Netherlands and Luxembourg (Benelux) seconded to the                      mission of the European Communities, residing in Luxem-
Schengen Secretariat, residing in Grimbergen, Belgium, Yan-               bourg, represented by M. Petit, lawyer, with an address for
nick Chevalier-Delanoue, official of the Council of the Euro-             service in Luxembourg, against Commission of the European
pean Union, residing in Brussels, Belgium, Virginia Joaquim               Communities (Agent: J. Currall) — application for annulment
Matos, residing in Montijo, Portugal, represented by G. Vander-           directed, first, against a supposed implied rejection of the
sanden and L. Levi, lawyers, with an address for service in               request to be reassigned to a third State, dated 6 June 2000,
Luxembourg, supported by Union syndicale-Bruxelles, estab-                and, secondly, against a supposed implied rejection of the
lished in Brussels, represented by S. Parmesan, lawyer, with an           applicant’s complaint of 24 October 2000 — the Court of
address for service in Luxembourg, intervener in Case T-                  First Instance (Second Chamber), composed of A.W.H. Meij,
164/99, against Council of the European Union (Agents:                    President, A. Potocki and J. Pirrung, Judges; H. Jung, Registrar,
M. Bauer, F. Anton, and A. Bentley) — application — in Case               made an order on 7 June 2001, the operative part of which is
T-164/99 — for annulment of Council Decision 1999/307/EC                  as follows:
of 1 May 1999 laying down the detailed arrangements for the
integration of the Schengen Secretariat into the General
Secretariat of the Council (OJ 1999 L 119, p. 49) and — in                1.    The application is dismissed as inadmissible.
Cases T-37/00 and T-38/00 — for annulment of Decision
1999/307, of various decisions of the Council appointing                  2.    The applicant shall bear all the costs, including those relating
other persons to posts within that institution, and of the                      to the interlocutory proceedings.
implied decisions of the Council not to appoint the applicants
to any of those posts, and for damages — the Court of
                                                                          (1) OJ C 372 of 23.12.00.
First Instance (Second Chamber), composed of A.W.H. Meij,
President, A. Potocki and J. Pirrung, Judges; D. Christensen,
Administrator, for the Registrar, has given a judgment on
27 June 2001, in which it:
1.    Dismisses the actions;
                                                                          Action brought on 20 June 2001 by Entorn, Sociedat
2.    In Case T-164/99, orders the applicant to bear his own costs        Limitada Enginyeria i Serveis against Commission of the
      and pay those incurred by the Council, and orders the intervener                          European Communities
      to bear its own costs;
                                                                                                     (Case T-141/01)
3.    In Cases T-37/00 and T-38/00, orders the parties to bear
      their own costs.
                                                                                                    (2001/C 289/61)
                                                                                              (Language of the case: Spanish)
(1) OJ C 281 of 2.10.99.
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the