T-278/00

— in the alternative, annul the abovementioned decision in so far as it requires recovery of the relief granted; In Case T-202/99: Léon Rappe, an official of the Commission of the European Communities, residing in Orp-Jauche — order the Commission to pay the costs. (Belgium), represented by J.-N. Louis, G.-F. Parmentier and V. Peere, of the Brussels Bar, with an address for service in Luxembourg at the offices of Société de Gestion Fiduciaire Pleas in law and main arguments SARL, 13 Avenue du Bois, against Commission of the European Communities (Agents: F. Duvieusart-Clotuche and B. Wägenbaur) — application, first, for annulment of the The pleas in law and main arguments are those relied upon in Commission’s decision not to promote the applicant to grade Cases T-234/00 Fondazione Opera S. Maria della Carità v A 6 in the course of the 1998 promotion procedure and, Commission and T-235/00 Codess Sociale and Others (1). second, for damages — the Court of First Instance (Third Chamber), composed of: K. Lenaerts, President, J. Azizi and M. Jaeger, Judges; J. Palacio González, Administrator, for the (1) Not yet published. Registrar, has given a judgment on 5 October 2000, the operative part of which is as follows:

1. The Commission’s decision not to promote the applicant to grade A 6 in the course of the 1998 promotion procedure is annulled; Action brought on 22 September 2000 by Manuel Francis- co Caballero Montoya against Commission of the Euro- pean Communities 2. The remainder of the application is dismissed; (Case T-303/00) 3. The Commission shall bear the costs. (2000/C 372/24)