Traduction de «fase scritta » (Italien → Anglais) :

In that regard, the Civil Service Tribunal took the view that while the examiners marking the written tests, in contrast to the members of the selection board sitting in the oral phase, may admittedly not be known to the persons concerned, and are thereby protected from interference and pressures to which the judgment in Parliament v Innamorati, paragraph 16 above, refers, that circumstance does not objectively justify the existence of significant differences between the requirements concerning the statement of reasons in the case of failure in the written phase, as those requirements are formulated in the case-law cited in paragraph 39 ...[+++]of the judgment under appeal, and those advocated by the Commission in the case of failure in the oral test, which, in particular in the instant case, would consist in giving the applicant only his eliminatory individual mark.

That is a different criterion from the one which emerges from the General Court’s case-law, according to which the purpose of measures of organisation of procedure (covered by Article 64 of the Rules of Procedure of the General Court) is to ensure efficient conduct of the written and oral procedure and to facilitate the taking of evidence, and also to determine the points on which the parties must present further argument or which call for measures of inquiry, whereas measures of inquiry (covered by Articles 65 to 67 of those Rules) are intended to prove the veracity of the facts alleged by one of the parties in support of its pleas in law (Case T‑141/01 Entorn v C ...[+++]ommission [2005] ECR II‑95, paragraphs 129 and 130).

2. Where an appeal is brought against a decision of the Civil Service Tribunal, the procedure before the General Court shall consist of a written part and an oral part.

Where an appeal is brought against a decision of the General Court, the procedure before the Court of Justice shall consist of a written part and an oral part.

In addition, it is stated that the Member States and the institutions may, in either case, submit observations subject to the conditions in Article 23 of the Statute which lays down, inter alia, the rules for the written procedure in references for a preliminary ruling.

The text is not the text that could have been debated in the plenary if the groups had wanted it to be: it is the text of a written statement on the need to make the second phase of the Summit an opportunity to promote freedom and democracy, a statement signed by Mr Cohn-Bendit and myself, and I invite every Member to sign it.