CELEX: C1999/020/44
Language: en
Date: 1999-01-23 00:00:00
Title: Appeal brought on 3 December 1998 (received at the Registry of the Court of First Instance on 30 November 1998) by Sari Jouhki against the judgment delivered on 16 September 1998 by the Fourth Chamber of the Court of First Instance of the European Communities in Case T-215/97 between Sari Jouhki and the Commission of the European Communities (Case C-435/98 P)

C 20/26              EN                 Official Journal of the European Communities                                23.1.1999
European Investment       Bank,  100    Boulevard     Konrad       Appeal brought on 3 December 1998 (received at the
Adenauer.                                                          Registry of the Court of First Instance on 30 November
                                                                   1998) by Sari Jouhki against the judgment delivered on
                                                                   16 September 1998 by the Fourth Chamber of the Court
The appellant claims that the Court should:
                                                                   of First Instance of the European Communities in Case
                                                                   T-215/97 between Sari Jouhki and the Commission of the
Ð set aside the judgment of the Court    of First Instance of                        European Communities
    30 September 1998 in Case            T-13/97 between
                                                                                        (Case C-435/98 P)
    Antoinette Losch and the Court       of Justice of the
    European Communities, supported      by the Council of                                (1999/C 20/44)
    the European Union and the           Kingdom of the
    Netherlands;
                                                                   An appeal against the judgment delivered on 16 September
Ð in its discretion, make the appropriate order as to the          1998 by the Fourth Chamber of the Court of First
    costs of the proceedings before the Court of Justice.          Instance of the European Communities in Case T-215/97
                                                                   between Sari Jouhki and the Commission of the European
The pleas in law and main arguments are the same as in             Communities was brought before the Court of Justice of
Case C-432/98 P.                                                   the European Communities on 3 December 1998 (received
                                                                   at the Registry of the Court of First Instance on
                                                                   30 November 1998) by Sari Jouhki, represented by Harri
                                                                   Ojala, lawyer, of Ojala & Urpelainen, Isokatu 16 B 16,
                                                                   90100 Oulu, Finland.
Appeal brought on 1 December 1998 by the Council of
                                                                   The appellant claims that the Court should:
the European Union against the judgment delivered on
30 September 1998 by the Fifth Chamber of the Court of
First Instance of the European Communities in Case
T-164/97 between S. Busacca and Others and the Court               Ð set aside the judgment of the Court of First Instance in
         of Auditors of the European Communities                       so far as it dismissed Ms Jouhki's action against the
                                                                       Commission;
                     (Case C-434/98 P)
                       (1999/C 20/43)
                                                                   Ð annul the decision of the selection board for
                                                                       Commission competition COM/B/973 of 5 September
An appeal against the judgment delivered on 30 September
                                                                       1996 not to admit Ms Jouhki to the competition; and
1998 by the Fifth Chamber of the Court of First Instance
of the European Communities in Case T-164/97 between
S. Busacca and Others and the Court of Auditors of the
European Communities was brought before the Court of               Ð declare that Ms Jouhki was entitled to take part in
Justice of the European Communities on 1 December                      competition COM/B/973.
1998 by the Council of the European Union, represented
by Jean-Paul JacqueÂ, Director in its Legal Service, and
Diego Canga Fano and TheÂreÁse Blanchet, of its Legal              The appellant also asks the Court of Justice to rule on
Service, with an address for service in Luxembourg at the          costs in accordance with its Rules of Procedure.
Office of Alessandro Morbilli, Director-General of the
Legal Affairs Directorate of the European Investment
Bank, 100 Boulevard Konrad Adenauer.                               Pleas in law and main arguments adduced in support:
The appellant claims that the Court should:
                                                                   The selection board for the competition was bound by the
Ð set aside the judgment of the Court of First Instance of         wording of the competition notice as published.
    30 September 1998 in Case T-164/97 between Silvio
    Busacca and Others and the Court of Auditors of the
    European Communities;                                          The decision of the Court of First Instance breaches
                                                                   Community law, in that the selection board for the
                                                                   competition was bound by the wording of the competition
Ð in its discretion, make the appropriate order as to the
                                                                   notice as published.
    costs of the proceedings before the Court of Justice.
The pleas in law and main arguments are the same as in             The selection board was obliged to take account of all the
Case C-432/98 P.                                                   certificates which Ms Jouhki produced before the
                                                                   time-limit fixed in the notice of competition for making
                                                                   applications.
 ---pagebreak--- 23.1.1999           EN                  Official Journal of the European Communities                                    C 20/27
Ms Jouhki acted in accordance with the competition rules               (a) annul Commission Decision 95/119/EC of 7 April
contained in the notice of competition in producing the                      1995 concerning certain protective measures with
required evidence of her basic training and her                              regard to fishery products originating in Japan
professional training by means of a nurse's diploma. She                     (OJ L 80, 8.4.1995, p. 56) in so far as it affects
was therefore entitled to be admitted to competition                         fisheries products in transit to the Community at
COM/B/973.                                                                   the time of publication of the decision,
The notice of competition was drawn up by the                          (b) order the European Community to pay
Commission alone and the candidates had no opportunity                       compensation in respect of the damage incurred
to influence its content or the expressions and wording                      by the appellant as detailed in the second indent
used in it.                                                                  of the application for annulment and
                                                                             compensation before the Court of First
                                                                             Instance (1),
As a Finnish candidate, Ms Jouhki should have been able
to be confident that the Finnish language notice would be
expressed and interpreted in accordance with the Finnish               (c)   order the Commission to pay the costs incurred
language. That confidence must be protected.                                 by the appellant in the proceedings before both
                                                                             Court of First Instance and the Court of Justice,
In accordance with a general principle of law, the notice
must be interpreted against its author, the Commission.            Ð in the alternative: in the event that final judgment is
                                                                       not given in the terms requested under the second
                                                                       indent owing to the status of the proceedings:
                                                                       (a) annul the contested decision in the terms set out
                                                                             under letter a) of the preceding indent,
Appeal brought on 3 December 1998 by Industria del Frío
Auxiliar Conservera SA against the order made on
15 September 1998 by the Second Chamber of the Court                   (b) refer the case back to the Court of First Instance
of First Instance of the European Communities in Case                        for it to deal with the application for
T-136/95 Industria del Frío Auxiliar Conservera SA v.                        compensation;
        Commission of the European Communities
                    (Case C-437/98 P)
                                                                       (c)   order the Commission to pay the costs incurred
                      (1999/C 20/45)                                         by the appellant in the proceedings before both
                                                                             the Court of First Instance and the Court of
                                                                             Justice to the extent to which they relate to the
                                                                             application for annulment, and direct that the
An appeal against the order made on 15 September 1998
                                                                             decision on the costs of the application for
by the Second Chamber of the Court of First Instance of
                                                                             compensation is a matter for the Court of First
the European Communities in Case T-136/95 Industria del
                                                                             Instance.
Frío Auxiliar Conservera SA v. Commission of the
European Communities was brought before the Court of
Justice of the European Communities on 3 December
1998 by Industria del Frío Auxiliar Conservera SA,
                                                                   Ð In the further alternative: in the event that final
a     Spanish    company,      represented     by    Ignacio
                                                                       judgment is not given in the terms requested in the
SaÂenz-Cortabarría FernaÂndez and Marta Morales Isasi, of
                                                                       second indent owing to the status of the proceedings,
the Vizcaya Bar, with an address for service in
                                                                       refer the matter back to the Court of First Instance for
Luxembourg at the Chambers of Guy Harles, 8-10 Rue
                                                                       it to deal with both the application for annulment and
Mathias Hardt.
                                                                       the application for compensation.
The appellant claims that the Court should:
                                                                   Pleas in law and main arguments adduced in support:
Ð set aside the decision of the Court of First Instance of
    15 September 1998 in Case T-136/95;
                                                                   Ð Error in law in holding that a preliminary ruling by
                                                                       the Court of Justice rejecting the grounds of alleged
                                                                       invalidity     justifies  dismissing    the    applicant's
Ð give final judgment in the case and:                                 applications and discontinuing the proceedings. A