CELEX: C2000/316/41
Language: en
Date: 2000-11-04 00:00:00
Title: Judgment of the Court of First Instance of 19 September 2000 in Joined Cases T-101/98 and T-200/98 Gisela Stodtmeister v Council of the European Union (Officials — Refusal of promotion — Action for annulment — Absence of staff report — Action for compensation)

C 316/22               EN                       Official Journal of the European Communities                                        4.11.2000
Institute of the Environment at the Joint Research Centre                  owing to the absence of a staff report for the period 1993-
in Ispra (Italy), residing in Bodio-Lomnago, Varese (Italy),               1995 during the 1996 promotion procedure — the Court of
represented by G. Marchesini, a lawyer practising before the               First Instance, composed of B. Vesterdorf, President, and
Court of Cassation of the Italian Republic, with an address for            M. Vilaras and N. Forwood, Judges: H. Jung, Registrar, has
service in Luxembourg at the Chambers of E. Arendt, 8-10                   delivered a judgment on 19 September 2000 in which it:
Rue Mathias Hardt, against Commission of the European
Communities (Agents: G. Valsesia and A. dal Ferro) — appli-
                                                                           1.    Dismisses as inadmissible the claim for damages for pecuniary
cation for annulment of the Commission decision rejecting the
                                                                                 harm in Case T-200/98;
applicant’s candidature for a Grade A post with the Institute of
the Environment at the Joint Research Centre, Ispra, the
annulment of the procedure calling for a show of interest used             2.    Orders the Council, in Case T-200/98, to pay the applicant
by the Commission to fill a temporary post at that Institute                     the sum of BEF 70 000 by way of compensation for the non-
and, in the alternative, annulment of the appointment of the                     pecuniary harm sustained by her;
candidate accepted chosen that procedure — the Court of First
Instance (Fourth Chamber), composed of V. Tiili, President,
and R.M. Moura Ramos and P. Mengozzi, Judges; G. Herzig,                   3.    Dismisses the application for annulment in Case T-101/98;
Administrator, for the Registrar, has given a judgment on
20 September 2000 in which it:                                             4.    Orders the Council to bear its own costs and to pay one half of
                                                                                 those incurred by the applicant in Case T-200/98. The parties
1.    Dismisses the appeal;                                                      are to bear their own costs in Case T-101/98.
2.    Orders the parties to bear their own costs.
                                                                           (1) OJ C 278, 5.9.98 and C 86, 27.3.99.
(1) OJ C 370, 6.12.1997.
                                                                               JUDGMENT OF THE COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                                      of 13 September 2000
                     of 19 September 2000                                  in Case T-20/99: Denkavit Nederland BV v Commission
                                                                                           of the European Communities (1)
in Joined Cases T-101/98 and T-200/98 Gisela Stodtmei-
          ster v Council of the European Union (1)                         (Decision 94/90/ECSC, EC, Euratom — Public access to
                                                                           Commission documents — Inspection report — Exceptions
                                                                           relating to protection of the public interest (inspections and
(Officials — Refusal of promotion — Action for annulment                              investigations) and of commercial secrecy)
   — Absence of staff report — Action for compensation)
                                                                                                     (2000/C 316/42)
                          (2000/C 316/41)
                                                                                               (Language of the case: Dutch)
                   (Language of the case: French)
                                                                           In Case T-20/99: Denkavit Nederland BV, established at
In Joined Cases T-101/98 and T-200/98: Gisela Stodtmeister,                Voorthuizen, Netherlands, represented by E.A. Buys, of the
an official of the Council of the European Union, residing in              Arnhem Bar, v Commission of the European Communities
Tervuren (Belgium), represented by G. Vandersanden and                     (Agents: P. van Nuffel, U. Wölker and W. Wils) — application
L. Levi, of the Brussels Bar, with an address for service in               for annulment of the Commission decision of 17 November
Luxembourg at Société de Gestion Fiduciaire SARL, 2-4 Rue                  1998 refusing to grant the applicant access to a report
Beck, against Council of the European Union (Agents: M. Bauer              concerning measures taken to combat swine fever in the
and M.-G. Lalande) — application for annulment of the                      Netherlands — the Court of First Instance (First Chamber),
decision of the Council not to promote the applicant to                    composed of B. Vesterdorf, President, M. Vilaras and
Grade A 3 during the 1997 promotion procedure and, second,                 N. Forwood, Judges; H. Jung, Registrar, gave a judgment on
damages for the harm allegedly sustained by the applicant                  13 September 2000, in which it: