Case T-73/01: Action brought on 22 March 2001 by Spyridon de Athanassios Pappas against the Committee of the Regions of the European Union
Date: 2001-06-02
Institutions: Court of First Instance
Subjects: European Committee of the Regions, action for annulment (EU), appointment of staff, recruitment, servant (EU)

2.6.2001

EN

Official Journal of the European Communities

C 161/23

The applicant claims that the Court of First Instance should:

— find that the action taken against it was time-barred;

— in any event, annul

the Commission Decision of
13 December 2000 relating to a procedure under
Article 81 of the Treaty (COMP/33.133-B: Soda-ash —
Solvay, CFK);

— find that the power to impose fines is time-barred;

— in any event, annul Article 2 of the contested decision, in
so far as it imposes a fine of EUR 3 million on the
applicant;

— declare that no fine should be imposed on the applicant
or, at the very least, that the fine should be substantially
reduced;

— order the Commission to pay the costs.

Contentions and principal arguments adduced in support

The applicant is a company incorporated under Belgian law,
which operates in the soda-ash sector through marketing
outlets in nine countries in Europe.

On 19 December 1990, the Commission adopted Decision
91/298/EEC (1) finding that the applicant had participated in a
market-sharing agreement under which it guaranteed CFK a
minimum annual tonnage of soda-ash sales in Germany and
compensated CFK for any shortfall by purchasing from it the
tonnages necessary to bring its sales up to the guaranteed
minimum, and imposed on the applicant a fine of ECU 3 milli-
on. Proceedings for the annulment of that initial decision were
brought before the Court of First Instance. By judgment of
29 June 1995,
Instance annulled the
decision (2). The Commission’s appeal against that judgment
was dismissed by the Court of Justice. (3)

the Court of First

On the 13 December 2000, the Commission adopted a
decision (4), in which the infringements already referred to in
the initial decision were imputed to the applicant. In that
decision, the Commission imposed a fine on the applicant of
EUR 3 million.

As regards the alleged infringement which, according to the
Commission extended from 1987 to at least the end of 1990,
the applicant contends that the Commission did not give
reasons to show, and did not show, that the alleged agreement
was capable of appreciably affecting trade between the Member
States and that the infringement of Article 81 EC was not
established.

(1) Commission Decision 91/298/EEC of 19.12.1990 (IV/33.133-B:

Soda-ash — Solvay, CFK), OJ L 152, 1991, p. 16.
(2) Case T-31/91 Solvay v Commission [1995] II-1821.
(3) Joined Cases C-287/95 P and C-288/95 P Commission v Solvay

[2000] ECR I-2391.

(4) Commission Decision of 13.12.2000 relating to a procedure
under Article 81 EC (COMP/33.133-B: Soda-ash — Solvay, CFK).

Action brought on 22 March 2001 by Spyridon de
Athanassios Pappas against the Committee of the Regions
of the European Union

(Case T-73/01)

(2001/C 161/47)

(Language of the case: French)

An action against the Committee of the Regions of the
European Union was brought before the Court of First Instance
of the European Communities on 22 March 2001 by Spyridon
de Athanassios Pappas, residing in Brussels, represented by
Marc-Albert Lucas, Lawyer.

The applicant claims that the Court of First Instance should:

— annul the decision of 13 June 2000 of the Bureau of the
Committee of the Regions of the European Union to
appoint a third party as Secretary-General of the Com-
mittee of the Regions;

— annul the relevant decision of 13 June 2000 of the Bureau
of the Committee of the Regions of the European Union
to reject the applicant’s application for that post, which
was notified to him by letter of 22 June 2000 from the
President of the Bureau;

The applicant seeks annulment of that decision relying, for the
most part, on the arguments put forward in Case T-57/01.

— order the Committee of the Regions to pay the costs.

C 161/24

EN

Official Journal of the European Communities

2.6.2001

Contentions and principal arguments adduced in support

The applicant, who was a candidate for the post of Secretary-
General of the Committee of the Regions, opposes the decision
of the defendant institution to reject his application.

In support of his claims, the applicant alleges:

— infringement

of

the

recruitment

under
Article 12(2)(e) of the Conditions of Employment of
Other Servants, since the successful candidate did not
meet the conditions concerning knowledge of languages
laid down in that provision.

notice

— infringement of the first sentence of the first paragraph
of Article 11 of the Conditions of Employment of Other
Servants and Article 25 of the Staff Regulations, in that
the contested decisions do not contain an adequate
statement of the reasons on which they are based;

Action brought on 29 March 2001 by Albano Ferrer
de Moncada against the Commission of the European
Communities

— breach of the principles of objectivity of recruitment
procedure and equal treatment of candidates,
in that
the acting Secretary-General was responsible for the
recruitment procedure at issue;

— breach of the principles of objectivity and equal treatment
in the selection procedure and in the decision setting up
that procedure, since;

— the applicant’s application was not forwarded in full
to the ad hoc committee responsible for examining
the recruitment procedure or to the Bureau;

— the administration forwarded to the Bureau a docu-
ment indicating that the applicant did not satisfy the
conditions for preferential treatment laid down in
the notice;

(Case T-74/01)

(2001/C 161/48)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on 29 March
2001 by Albano Ferrer de Moncada, residing in Luxembourg,
represented by Luc Misson and Laurent Wysen, Lawyers, with
an address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

— annul the implied decision rejecting the applicant’s com-
plaint, dated 19 September 2000, on the basis of
Article 90(2) of the Staff Regulations;

— order the defendant to pay LUF 5 million to the applicant

as compensation for non-material damage;

— two of the four candidates had a meeting with
certain members of the Bureau the day before its
meeting of 19 May;

— order the defendant to pay the costs.

— the agenda of the meeting of the Bureau included
submission to the Bureau by the acting Secretary-
General,
in agreement with the President, of the
Annual Operational Programme for the Committee;

— the ad hoc committee did not draw up a reasoned
list of successful candidates, or did not give an
opinion to the Bureau after interviewing the candi-
dates;

Contentions and principal arguments adduced in support

The applicant states that one or more persons, whose identity
at this stage is unknown to him, have been making,
in
particular within the EURATOM departments of the Com-
mission, calumnious,
insulting and defamatory allegations
against him, calling in question his professional integrity and
stating, among other things, that he disclosed confidential
information to third parties. A case-file has been opened on
the subject.