CELEX: C2001/259/10
Language: en
Date: 2001-09-15 00:00:00
Title: Judgment of the Court of First Instance of 14 June 2001 in Case T-230/99: Hans McAuley v Council of the European Union (Officials — Appointment by way of promotion — Annulment — Examination of the comparative merits — Manifest error of assessment)

15.9.2001               EN                     Official Journal of the European Communities                                          C 259/7
4.    Orders the applicant to pay the Commission the sum of                   JUDGMENT OF THE COURT OF FIRST INSTANCE
      EUR 49 844, plus interest at an annual rate of 7 % as from
      31 January 1999.                                                                              of 7 June 2001
5.    Orders the applicant to bear its own costs and to pay half of       in Case T-187/99 Agrana Zucker und Stärke AG v
      the costs incurred by the Commission.                                       Commission of the European Communities (1)
6.    Orders the Commission to bear half of its own costs.                (Action for annulment — State aid — Aid incompatible
                                                                          with the common market — Time-limit for investigation —
                                                                          Act of Accession — Declaration No 31 — Statement of
(1) OJ C 160 of 5.6.99.
                                                                                                        reasons)
                                                                                                   (2001/C 259/09)
                                                                                            (Language of the case: German)
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               In Case T-187/99, Agrana Zucker und Stärke AG, established
                                                                          in Vienna (Austria), represented by W. Barfuß and
                                                                          H. Wollmann, lawyers, with an address for service in Luxem-
                          of 14 June 2001                                 bourg, against Commission of the European Communities
                                                                          (Agents: M. Erhart and D. Triantafyllou) — application for
                                                                          annulment of Commission Decision 1999/342/EC of 30 Sep-
in Case T-143/99 Hortiplant SAT v Commission of the
                                                                          tember 1998 concerning aid which Austria plans to grant to
                    European Communities (1)
                                                                          Agrana Stärke- GmbH to build and convert starch production
                                                                          facilities (OJ 1999 L 131, p. 61) — the Court of First Instance
(EAGGF — Cancellation of financial assistance —                           (Fifth Chamber, Extended Composition), composed of P. Lindh,
          Article 24 of Regulation (EEC) No 4253/88)                      President, R. Garcı́a-Valdecasas, J.D. Cooke, M. Vilaras and
                                                                          N. Forwood, Judges; G. Hertzig, Administrator, for the Regis-
                                                                          trar, has given a judgment on 7 June 2001, in which it:
                          (2001/C 259/08)
                                                                          1.    Dismisses the application;
                    (Language of the case: Spanish)                       2.    Orders the applicant to bear its own costs and pay those of the
                                                                                Commission.
In Case T-143/99, Hortiplant SAT, established in Amposta
(Spain), represented by C. Fernández Vicién and Iglesias Roa,            (1) OJ C 314 of 30.10.99.
lawyers, against Commission of the European Communities
(Agents: L. Visaggio and J. Guerra Fernández) — application
for the annulment of the Commission decision of 4 March
1999 to cancel the financial assistance granted to Hortiplant
SAT by Commission Decision C(92) 3125 of 3 December
1992 concerning the granting of aid from the EAGGF
Guidance Section pursuant to Council Regulation (EEC)                         JUDGMENT OF THE COURT OF FIRST INSTANCE
No 4256/88 in the context of a project entitled ‘Initiative in
the form of a pilot project to demonstrate a new and                                               of 14 June 2001
highly efficient method of producing seedlings, as applied to
ornamental and woodland species’ — the Court of First                     in Case T-230/99: Hans McAuley v Council of the Euro-
Instance (Fourth Chamber), composed of P. Mengozzi, Presi-                                          pean Union (1)
dent, V. Tiili and R.M. Moura Ramos, Judges; H. Jung, Registrar,
has given a judgment on 14 June 2001, in which it:                        (Officials — Appointment by way of promotion — Annul-
                                                                          ment — Examination of the comparative merits — Manifest
1.    Dismisses the application.                                                                 error of assessment)
2.    Orders the applicant to bear its own costs and those of the                                  (2001/C 259/10)
      Commission, including those in the proceedings for interim
      relief.
                                                                                             (Language of the case: French)
(1) OJ C 226 of 7.8.99.
                                                                          In Case T-230/99: Hans McAuley, an official of the Council
                                                                          of the European Union, residing in Wezembeek-Oppem
                                                                          (Belgium), represented by J-N. Louis, G-F. Parmentier and
 ---pagebreak--- C 259/8                 EN                     Official Journal of the European Communities                                        15.9.2001
V. Peere, lawyers, with an address for service in Luxembourg,             regard — the Court of First Instance (Second Chamber),
against Council of the European Union (Agents: F. Anton and               composed of A.W.H. Meij, President, A. Potocki and J. Pirrung,
M. Bauer) — application for annulment of the decisions of the             Judges; H. Jung, Registrar, has given a judgment on 20 June
Secretary General of the Council of 15 December 1998                      2001, in which it:
rejecting the applicant’s applications for the posts of Head of
the English Language Division of Language Service of the                  1.    Dismisses as inadmissible the claim for an order requiring the
‘Translation and Production of Documents’ Directorate of the                    Commission to adopt certain measures and the claim for other
‘Administration — Protocol’ Directorate-General and Language                    or further relief;
Adviser in that division and appointing B and K to those two
posts respectively — the Court of First Instance (Fourth                  2.    Orders the Commission to pay to the applicant the sum of EUR
Chamber), composed of P. Mengozzi, President, R.M. Moura                        1 in compensation for the non-material damage;
Ramos and J.D. Cooke, Judges; H. Jung, Registrar, gave a
judgment on 14 June 2001, in which it:                                    3.    Dismisses the remainder of the application;
1.    annulled the decisions of the Council of 15 December 1998           4.    Orders the Commission to pay, in addition to its own costs,
      appointing K to the post of language adviser in the English               half of the applicant’s costs.
      Language Division and rejecting the applicant’s application for
      that post.                                                          (1) OJ C 6 of 8.1.00.
2.    dismissed the application as inadmissible.
3.    ordered the Council to bear its own costs and to pay 50 % of
      those incurred by the applicant.
4.    ordered the applicant to bear 50 % of his own costs.                    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                     of 7 June 2001
(1) OJ No C 6 of 8.1.00.
                                                                          in Case T-330/99 Spedition Wilhelm Rotermund GmbH v
                                                                                  Commission of the European Communities (1)
                                                                          (Community Customs Code — Remission of import duties
                                                                          — Special situation — Fraud in connection with an external
                                                                                             Community transit operation)
    JUDGMENT OF THE COURT OF FIRST INSTANCE
                                                                                                    (2001/C 259/12)
                          of 20 June 2001
                                                                                              (Language of the case: German)
in Case T-243/99 Marie-Laurence Buisson v Commission
               of the European Communities (1)                            In Case T-330/99, Spedition Wilhelm Rotermund GmbH, a
                                                                          company in judicial liquidation, established in Flensburg
(Officials — Open competition — Refusal to admit to the                   (Germany), represented by A. Suhr, lawyer, against Com-
written tests — Admissibility — Act adversely affecting                   mission of the European Communities (Agents: J.-C. Schieferer
a candidate — Time-limit — Legitimate expectation —                       and M. Núñez-Müller) — application for annulment of the
                           Compensation)                                  Commission decision of 22 July 1999 (reference: REM 22/98)
                                                                          which stated that the remission of import duties sought was
                                                                          not justified — the Court of First Instance (Second Chamber),
                          (2001/C 259/11)                                 composed of A.W.H. Meij, President, A. Potocki and J. Pirrung,
                                                                          Judges; J. Palacio González, Administrator, for the Registrar,
                                                                          has given a judgment on 7 June 2001, in which it:
                   (Language of the case: English)
                                                                          1.    Annuls the Commission decision of 22 July 1999 (reference:
                                                                                REM 22/98) which found that the remission of import duties
In Case T-243/99 Marie-Laurence Buisson, residing in Ankara
                                                                                sought was not justified;
(Turkey), represented by I. Forrester QC, E. Wright, Barrister,
and F.M. Murray, Barrister, with an address for service in                2.    Orders the Commission to bear its own costs and to pay nine
Luxembourg, against Commission of the European Communi-                         tenths of the costs incurred by the applicant, which shall bear
ties (Agent: J. Currall) — application for annulment of the                     one tenth of its own costs.
decision of 13 July 1999 rejecting the applicant’s request for
reconsideration of the decision of the selection board not to
admit her to the written tests forming part of the selection              (1) OJ C 63 of 4.3.00.
procedure in Open Competition COM/A/10/98, and for
compensation for the non-material damage incurred in that