Case T-43/01: Action brought on 23 February 2001 by Jean-Jacques Rateau against the Commission of the European Communities
Date: 2001-04-21
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, appointment of staff, regulations for civil servants

C 118/42

EN

Official Journal of the European Communities

21.4.2001

Grounds submitted:

— Infringement of Article 7(1)b

of Regulation n. 40/94.

— Infringement of Article 7(3) of

Regulation n. 40/94.

— Infringement of

the appli-

cant’s right of defence.

The applicant states that, nearly four years after its complaint,
the Commission has not taken any provisional measure or
adopted a definitive decision, and that the contested system is
therefore still being applied, even though it was accepted by
the Commission from the start of the procedure that it was
not consistent with Community law.

Action brought on 22 February 2001 by Syndicat des
employés, techniciens et cadres de la F.G.T.B. against
Commission of the European Communities

(Case T-42/01)

(2001/C 118/113)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 February 2001 by Syndicat des
employés, techniciens et cadres de la F.G.T.B., established in
Brussels, represented by Luc Misson, Laurent Denis and
Patrick Mbaya Kapita, Avocats, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— Declare that the Commission failed to adopt the necessary
measures within a reasonable time following the appli-
cant’s complaint on the basis of Article 3 of Regulation
No 17;

— Declare that the Commission is obliged to take the
necessary measures within one month against the parties
complained against in the applicant’s complaint pursuant
to Regulation No 17;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant states that on 1 July 1997 it lodged a complaint
on the basis of Articles 48 and 85 of the EC Treaty (now
Articles 39 EC and 81 EC) concerning the transfer system for
professional football players applied by organisations such as
FIFA, URBSFA and the Ligue professionelle de Football de
under
Belgique.
No IV/36.583-SETCA-FGTB/FIFA, URBSFA, the Commission
initiated a procedure against FIFA.

complaint,

Following

registered

that

Action brought on 23 February 2001 by Jean-Jacques
Rateau against the Commission of the European Com-
munities

(Case T-43/01)

(2001/C 118/114)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 February 2001 by Jean-Jacques
Rateau, residing in Beersel
(Belgium), represented by Eric
Boigelot, avocat, address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the appointing authority to assign
the applicant, with effect from 1 July 2000, to the post
of adviser on consumer information working to the Head
of Unit Health and Consumer Protection SANCO.D.4
‘Food law and biotechnology’, as it emerges from the
organisational chart for DG SANCO of 15 June 2000 and
the explicit decision adopted on 1 August 2000 by
Mr Robert Coleman, Director General of the Directorate-
General ‘Consumer policy and consumer health protec-
tion’, brought to the applicant’s notice on 28 August
2000;

— order the defendant to pay to the applicant, as compen-
sation for non-material damage, BEF 1 as provisional
damages in respect of injury assessed at BEF 10 000,
subject to increase or decrease in the course of proceed-
ings;

— in any event, order the defendant to pay the costs.

21.4.2001

EN

Official Journal of the European Communities

C 118/43

Pleas in law and main arguments

InformationRemoval from the Register of Case
T-116/98 (1)

The defendant, an official in Grade A 3, contests the decision
of the appointing authority, taken in the context of the
reorganisation of DG SANCO, to reassign him to the post of
Adviser to the Head of Unit of Directorate D (Unit D4) ‘Food
law and biotechnology’, despite the fact that until then he had
carried out those duties for the Director General.

He explains in that regard that his appointment to the post of
adviser to the Director General was the result of an agreement
signed on 6 July 1993 between the applicant himself and the
Director General of DG Administration (formerly DG IX).

In support of his arguments, the applicant alleges the following
infringements:

(2001/C 118/116)

(Language of the case: Spanish)

By order of 14 December 2000, the President of the Second
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Case T-116/98, Compan˜ ı´a Trasmediterra´nea, S.A. v Com-
mission of the European Communities.

(1) OJ C 340 of 7.11.98.

— infringement of

the Staff Regulations,

in particular
Article 7(1), and the second and third paragraphs of
Article 25, as well as failure to observe a number of
general principles of
law, such as the protection of
legitimate expectations, legal certainty, the duty to have
regard for the welfare of officials, the principle pacta sunt
observanda and those which require the appointing
authority to adopt decisions only on the basis of relevant
factors which are not vitiated by errors of fact or law.

— infringement of rules common to the Member States with

regard to performance of contracts.

Removal from the Register of Case T-244/99 (1)

(2001/C 118/117)

(Language of the case: Italian)

By order of 12 December 2000, the President of the Fifth
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Case T-244/99, Sadam Abruzzo SpA v Commission of the
European Communities.

(1) OJ C 20 of 22.10.2000.

Removal from the Register of Case T-205/96 (1)

(2001/C 118/115)

Removal from the Register of Case T-245/99 (1)

(Language of the case: French)

By order of 15 January 2001, the Court of First Instance of the
European Communities (Single Judge: J. Azizi), has ordered the
removal from the Register of Case T-205/96, Roland Bieber
v European Parliament.

(1) OJ C 54 of 22.2.1997.

(2001/C 118/118)

(Language of the case: Italian)

By order of 12 December 2000, the President of the Fifth
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Case T-245/99, Sadam Castiglionese SpA v Commission of
the European Communities.

(1) OJ C 20 of 22.01.2000.