CELEX: C1999/265/22
Language: en
Date: 1999-09-18 00:00:00
Title: Judgment of the Court of First Instance of 9 March 1999 in Case T-273/97: Pierre Richard v European Parliament (Officials - Recruitment procedure - Application of Article 29(1) of the Staff Regulations - Recruitment of a person from the reserve list of an open competition reserved for nationals of the new Member States - Rejection of candidature)

C 265/12                EN                      Official Journal of the European Communities                                     18.9.1999
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    of 15 June 1999
                          of 9 March 1999                                  in Case T-277/97: Ismeri Europa Srl v Court of Auditors
                                                                                          of the European Communities (1)
in Case T-273/97: Pierre Richard v European Parliament (1)                 (Non-contractual liability — MED programmes — Report
                                                                           of the Court of Auditors — Criticisms concerning the
                                                                                                       applicant)
(Officials — Recruitment procedure — Application of                                                 (1999/C 265/23)
Article 29(1) of the Staff Regulations — Recruitment of a
person from the reserve list of an open competition reserved
for nationals of the new Member States — Rejection of                                         (Language of the case: Italian)
                            candidature)
                                                                           In Case T-277/97: Ismeri Europa Srl, whose registered office is
                                                                           in Rome, represented by Sergio Ristuccia and Gian Luigi
                                                                           Tosato, of the Rome Bar, with an address for service in
                          (1999/C 265/22)                                  Luxembourg at the Chambers of Alex Schmitt, 7 Val Sainte-
                                                                           Croix v Court of Auditors of the European Communities
                                                                           (Agents: Jean-Maria Stenier, Jan Inghelram and Paola Giusta)
                                                                           — application under Articles 235 EC and 288, second para-
                                                                           graph, EC (ex Articles 178 and 215) for compensation for
                                                                           damage purportedly suffered by the applicant following criti-
                     (Language of the case: French)                        cisms directed at it by the Court of Auditors in Special
                                                                           Report No 1/96 on the MED programmes (submitted under
                                                                           Article 188C(4), second paragraph, of the EC Treaty) together
                                                                           with the Commission’s replies (OJ 1996 C 240, p. 1) — the
In Case T-273/97, Pierre Richard, official of the European                 Court of First Instance (Third Chamber), composed of M. Jae-
Parliament, residing in Luxembourg, represented by André                   ger, President, K. Lenaerts and J. Azizi Judges; A. Mair, Admin-
Lutgen, and, for the oral procedure, by Jeanne Feltgen, of the             istrator, for the Registrar, gave a judgment on 15 June 1999,
Luxembourg Bar, with an address for service in Luxembourg at               the operative part of which is as follows:
their Chambers, 1, Rue Jean-Pierre Brasseur, against European
Parliament (Agent: João Sant’Anna) — application, first, for              1. The action is dismissed.
annulment of the decision of the European Parliament rejecting
the applicant’s candidature for the post advertised by Notice              2. The applicant is ordered to pay the costs.
of Vacancy No 8011 and, second, for annulment of the
appointment of Mrs S. to that post and of the procedure
leading to that appointment — the Court of First Instance                  (1) OJ C 7 of 10.1.1998.
(Fifth Chamber), composed of J.D. Cooke, President, and
R. Garcia-Valdecasas and P. Lindh, Judges; A. Mair, Adminis-
trator, for the Registrar, has given a judgment on 9 March
1999, in which it:
1. Annuls the procedure for the appointment of Mrs S. to the post              JUDGMENT OF THE COURT OF FIRST INSTANCE
     of Head of Division A 3 and the Decision of 9 January 1997.
                                                                                                   of 27 April 1999
2. Annuls the Decisions of 11 February and 23 July 1997 rejecting          in Case T-283/97: Germain Thinus v Commission of the
     the applicant’s candidature and his complaint respectively.                              European Communities (1)
                                                                           (Officials — Refusal of promotion — Consideration of
3. Orders the Parliament to pay the costs.                                 comparative merits — Other factors to be taken into
                                                                                consideration — Provision of a statement of reasons)
                                                                                                    (1999/C 265/24)
(1) OJ C 387 of 20.12.1997.
                                                                                              (Language of the case: French)
                                                                           In Case T-283/97: Germain Thinus, an official of the Com-
                                                                           mission of the European Communities, represented by Jean-
                                                                           Noël Louis, Thierry Demaseure, Françoise Parmentier and,