Case T-373/00: Action brought on 12 December 2000 by Carmine Salvatore Tralli against the European Central Bank
Date: 2001-02-24
Institutions: Court of First Instance
Subjects: European Central Bank, action for annulment (EU), civil servant, dismissal, probationary period, work contract

24.2.2001

EN

Official Journal of the European Communities

C 61/19

Action brought on 12 December 2000 by Carmine
Salvatore Tralli against the European Central Bank

Pleas in law and main arguments

(Case T-373/00)

(2001/C 61/36)

(Language of the case: German)

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 12 December 2000 by Carmine Salvatore Tralli, of
Nidderau (Germany), represented by Norbert Pflüger, Regina
Steiner and Silvia Mittländer, Rechtsanwälte, Frankfurt am
Main (Germany).

The applicant claims that the Court should:

(1)

the notice terminating his employment on

annul
31.12.2000;

(2)

annul the extension of the probationary period;

(3) declare

the

that

relationship existing
between the parties has not been brought to an end by
the notice of termination;

employment

The applicant is an employee of the European Central Bank.
He seeks annulment of the termination of his employment
together with a declaration that the employment relationship
continues to exist and has not been terminated.
In that
connection, the applicant is contesting a unilateral extension
by the ECB of the probationary period, the duration of which
was originally agreed as three month. On the basis of his
personal rights, he seeks the continuation of his employment
on the agreed contractual terms. In addition, he seeks an order
requiring the ECB to continue to pay the contractually
agreed remuneration beyond 31.12.2000, and pleads in that
connection default on the part of the ECB in accepting
performance of the contract.

Action brought on 11 December 2000 by Verband der
freien Rohrwerke e.V., Eisen- und Metallwerke Ferndorf
GmbH and Rudolf Flender GmbH & Co. KG against the
Commission of the European Communities

(Case T-374/00)

(2001/C 61/37)

(4) declare that the unilateral extension of the probationary

period is ineffective in law;

(Language of the case: German)

(5) declare

the

that

relationship existing
between the parties has continued to exist, without being
terminated, after 31.12.2000;

employment

(6) order the European Central Bank to continue, beyond
31.12.2000, to provide the applicant with employment
as a security guard in accordance with the contractual
conditions of employment;

(7) order the European Central Bank to pay to the applicant,
beyond 31.12.2000, the basic remuneration amounting
to EUR 32 304 p.a., together with the allowances and
other items of remuneration provided for in the con-
ditions of employment.

In a series of ancillary claims for relief, the applicant seeks a
declaration that the employment relationship and the legal
consequences flowing therefrom should continue in existence
at least until the expiry of the notice period applying in respect
of the termination of employment relationships in the ECB
which are of an unlimited duration.

Finally, the applicant claims that the Court should: order the
European Central Bank to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 11 December 2000 by Verband
der freien Rohrwerke e.V., of Düsseldorf (Germany), Eisen- und
Metallwerke Ferndorf GmbH, of Kreuztal-Ferndorf (Germany),
and Rudolf Flender GmbH & Co. KG, of Siegen (Germany),
represented by Hans Hellmann, Rechtsanwalt, Cologne (Ger-
many).

The applicants claim that the Court should:

— annul the defendant’s decisions of 5 September and
14
case
No COMP/M.2045 (ECSC 1336) Salzgitter/Mannes-
mannröhren-Werke;

in merger

September

control

2000

— order the defendant to pay the costs.

Pleas in law and main arguments

According to the particulars provided by it, the first applicant
is an association representing the interests of a number of
small and medium-sized undertakings producing welded steel
pipes from hot-rolled wide strips or quarto plates. The other
applicants are members of the first applicant.