CELEX: C2003/070/31
Language: en
Date: 2003-03-22 00:00:00
Title: Judgment of the Court of First Instance of 23 January 2003 in Case T-53/00: Serena Angioli v Commission of the European Communities (Officials — Action for annulment — Internal competition for the establishment of members of the temporary staff — Non-inclusion on the list of suitable candidates — Confidentiality of the work of the selection board)

C 70/20                  EN                         Official Journal of the European Union                                       22.3.2003
                                                         COURT OF FIRST INSTANCE
     JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                   of 15 January 2003
                         of 23 January 2003
                                                                            In Joined Cases T-377/00, T-379/00, T-380/00, T-260/01
in Case T-53/00: Serena Angioli v Commission of the                         and T-272/01: Philip Morris International Inc. and Others
                    European Communities ( 1)                                      v Commission of the European Communities ( 1)
                                                                            (Decision to bring legal proceedings before a court in a non-
(Officials — Action for annulment — Internal competition                    Member State — Action for annulment — Concept of
for the establishment of members of the temporary staff                     decision for the purposes of the fourth paragraph of
— Non-inclusion on the list of suitable candidates —                                        Article 230 EC — Admissibility)
       Confidentiality of the work of the selection board)
                                                                                                     (2003/C 70/32)
                           (2003/C 70/31)
                                                                                               (Language of the case: English)
                     (Language of the case: French)
                                                                            In Joined Cases T-377/00, T-379/00, T-380/00, T-260/01 and
                                                                            T-272/01, Philip Morris International, Inc., established in Rye
                                                                            Brook, New York (United States), represented by É. Morgan de
In Case T-53/00: Serena Angioli, residing in Brussels, represent-           Rivery and J. Derenne, lawyers, with an address for service in
ed by G. Vandersanden and L. Levi, avocats, with an address for             Luxembourg, applicant in Cases T-377/00 and T-272/01,
service in Luxembourg, against Commission of the European                   R. J. Reynolds Tobacco Holdings, Inc., established in Winston-
Communities (Agent: C. Berardis-Kayser) — application for                   Salem, North Carolina (United States), RJR Acquisition Corp.,
annulment of the Commission’s decision of 28 May 1999 not                   established in Wilmington, New Castle, Delaware (United
to include the applicant on the list of suitable candidates in              States), R. J. Reynolds Tobacco Company, established in Jersey
Internal Competition COM/TA/2/98 for the establishment of                   City, New Jersey (United States), R. J. Reynolds Tobacco
members of the temporary staff, and for annulment of all                    International, Inc., established in Dover, Kent, Delaware
subsequent measures taken by the selection board for the                    (United States), represented by P. Lomas, Solicitor, and
competition and by the appointing authority — the Court                     O. Brouwer, Lawyer, with an address for service in Luxem-
of First Instance (Fifth Chamber), composed of: R. García-                  bourg, applicants in Cases T-379/00 and T-260/01, Japan
Valdecasas, President, P. Lindh and J. D. Cooke, Judges;                    Tobacco, Inc., established in Tokyo (Japan), represented by
J. Palacio González, Principal Administrator, for the Registrar,            P. Lomas, Solicitor, and O. Brouwer, Lawyer, with an address
has given a judgment on 23 January 2003, the operative part                 for service in Luxembourg, against in Case T-380/00, v
of which is as follows:                                                     Commission of the European Communities (Agents: initially
                                                                            X. Lewis and C. Ladenburger, and, subsequently, C. Docksey
                                                                            and Ladenburger), supported by European Parliament (Agents:
                                                                            R. Passos and A. Baas), Kingdom of Spain (Agent: R. Silva de
1.     The application is dismissed;                                        Lapuerta), French Republic (Agent: G. de Bergues), Italian
                                                                            Republic (Agent: U. Leanza), Portuguese Republic (Agents:
                                                                            L. Fernandes and Â. Cortesão de Seiça Neves), Republic of
2.     The parties shall bear their own costs.                              Finland (Agents: T. Pynnä and E. Bygglin), in Cases T-377/
                                                                            00, T-379/00, T-380/00, T-260/01 and T-272/01, Federal
                                                                            Republic of Germany (Agents: W.-D. Plessing and M. Lumma),
                                                                            Hellenic Republic (Agent: V. Kontolaimos), in Cases T-260/01
( 1) OJ C 135 of 13.5.00.                                                   and T-272/01, Kingdom of the Netherlands (Agents: in Cases
                                                                            T-260/01 and T-272/01, H. Sevenster and, in Case T-379/00,
                                                                            Sevenster and J. van Bakel): Applications for annulment of two
                                                                            decisions by the Commission to commence legal proceedings
                                                                            against the applicants before a federal court in the United