25.2.2006   

EN

Official Journal of the European Union

C 48/9


JUDGMENT OF THE COURT

(Second Chamber)

of 10 January 2006

in Case C-373/04 P: Commission of the European Communities v Mercedes Alvarez Moreno (1)

(Appeal - Officials - Member of the auxiliary staff - Conference interpreter - Action - Request pursuant to Article 90(1) of the Staff Regulations - Measure adversely affecting a person - Definition)

(2006/C 48/17)

Language of the case: French

In Case C-373/04 P, appeal pursuant to Article 56 of the Statute of the Court of Justice lodged on 27 August 2004 by the Commission of the European Communities (Agents: D. Martin and F. Clotuche-Duvieusart), the other party to the proceedings being Mercedes Alvarez Moreno residing in Berlin (Germany) (Lawyers: G. Vandersanden and L. Levi) — the Court (Second Chamber), composed of C. W. A. Timmermans, President of the Chamber, J. Makarczyk, C. Gulmann, G. Arestis (Rapporteur) and J. Klučka, Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar, has given a judgment on 10 January 2006, in which it:

1.

Sets aside the judgment of the Court of First Instance of the European Communities of 10 June 2004 in Joined Cases T-153/01 and T-323/01 Alvarez Moreno v Commission in so far as it declared that the action for annulment of the letter of Mr Walker of 23 February 2001 was admissible and ordered the Commission of the European Communities to pay the whole of the costs relating to the action in Case T-323/01;

2.

In Case T-323/01, dismisses the action for annulment of, first, the letter of Mr Walker of 23 February 2001 and, second, the decision of the Commission of the European Communities of 7 September 2001, rejecting Mrs Alvarez Moreno's complaint;

3.

Orders each of the parties to bear its or her own costs relating to the present proceedings and to those brought before the Court of First Instance of the European Communities.


(1)  OJ C 251, 9.10.2004.