Case T-52/01: Action brought on 6 March 2001 by Juergen Schaefer against the Commission of the European Communities
Date: 2001-05-05
Institutions: Court of First Instance
Subjects: Commission Delegation, European Commission, European official, action for annulment (EU), professional experience, regulations for civil servants

C 134/28

EN

Official Journal of the European Communities

5.5.2001

The pleas in law and main arguments are similar to those relied
on in Case T-93/00 Alessandrini and Others v Commission (2).

(1) OJ 1998 L 293, p. 32.
(2) OJ 2000 C 176, p. 25.

Action brought on 6 March 2001 by Juergen Schaefer
against the Commission of the European Communities

(Case T-52/01)

(2001/C 134/59)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 6 March 2001 by Juergen Schaefer,
represented by Juan Ramo´ n Iturriagagoitia, lawyer.

The applicant claims that the Court should:

— annul the Commission’s decision of 12 February 2001
relating to the applicant’s transfer back from Montevideo
(Uruguay) to Brussels;

— annul, if appropriate, the Commission’s note of 30 No-
vember 2000 informing the applicant of the decision to
transfer him back from Montevideo (Uruguay) to Brussels;

The applicant submits that the Commission justifies that
decision by alleging that the Paraguayan authorities have
expressed reservations about him but that it fails to mention
the factual and legal matters of which the applicant should be
aware in order, if necessary, to be able to defend his own
professional conduct.

The applicant considers that the decision at issue infringes
Article 7 of the Staff Regulations since it is contrary to the
interest of the service. In his view, the interest of the service
specifically requires him to remain in his current post and
continue the complex work which has been assigned to him
and of which he has already gained sound experience.

The applicant further submits that the decision is vitiated by a
complete failure to state the grounds and has been adopted
without the Commission at any time taking account of the
views of the party concerned, contrary to the requirements of
case-law.

Action brought on 6 March 2001 by Poste Italiane S.p.A.
against Commission of the European Communities

(Case T-53/01)

(2001/C 134/60)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 6 March 2001 by Poste Italiane
S.p.A., represented by Gian Michele Roberti, Petrus Mathijsen,
Alessandra Perrazzelli, Elisabetta Rubini and Andrea Sandulli,
avvocati.

— order the immediate suspension and, if appropriate, the
subsequent annulment of any procedure initiated with a
view to filling the vacancy arising from the order
transferring the applicant;

The applicant claims that the Court should:

— annul the contested decision

— order the Commission to pay the costs.

— order, if appropriate, the annulment of the corresponding

appointment of an official to fill the post;

Pleas in law and main arguments

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, who is based in the European Commission’s
Delegation in Montevideo (Uruguay), was notified of a decision
dated 12 February 2001 posting him back to Brussels with
effect from 12 March 2001.

By this action, Poste Italiane SpA is seeking the annulment of
the decision of the Commission of 21 December 2000,
adopted on the basis of Article 86(3) of the Treaty, in relation
to the provision of certain new postal services with a
guaranteed day- or time-certain delivery. That decision declares
incompatible with Article 4(4) of the Treaty Legislative Decree
No 261/99 of 22 July 1999 implementing Directive 97/67/EC
of the European Parliament and of the Council of 15 December
1997 on common rules for the development of the internal
market of Community postal services and the improvement of
quality of service.(1);