Case T-74/01: Action brought on 29 March 2001 by Albano Ferrer de Moncada against the Commission of the European Communities
Date: 2001-06-02
Institutions: Court of First Instance
Subjects: EAEC, European Commission, European official, action for annulment (EU), defamation, professional ethics

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.

2.6.2001

EN

Official Journal of the European Communities

C 161/25

The applicant considered that the facts justified the bringing
of proceedings against ‘X’ before the Luxembourg court of
competent jurisdiction.

The appointing authority rejected the applicant’s request that
he be allowed to produce in the Luxembourg Criminal Court
all the documents listed in an annex to that request, and any
other relevant document which had not been disclosed to him.
That is the decision at issue in these proceedings.

In support of his claims, the applicant alleges:

— infringement of Articles 19 and 24 of the Staff Regu-

lations;

— infringement of Articles 6 and 13 of the European
Convention for the Protection of Human Rights and
Fundamental Freedoms.

Action brought on 29 March 2001 by Systems-Europe SA
against the Commission of the European Communities

(Case T-75/01)

(2001/C 161/49)

(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 Systems-Europe SA, established in Brussels,
represented by Bernard Jamoulle, Frédéric Louis and Anne
Vallery, Lawyers.

The applicant claims that the Court of First Instance should:

— order the European Community, represented by the
Commission, to pay to Systems-Europe SA the sum of
EUR 921 750 ;

— order the Commission to pay the costs.

Contentions and principal arguments adduced in support

The applicant, which at the material time was a medium sized
independent engineering consultancy company incorporated
under Belgian law, specialising in particular in data processing
in the electricity sector, seeks compensation for the loss
allegedly suffered by it as a result of the alleged misconduct of
the Commission in the context of a programme of financial
support for modernisation of the production and distribution
of electricity in Syria (ESSP Programme).

After completion of tasks by a consultant, who determined,
inter alia, the broad outline for modernisation of the sector
concerned, the applicant was instructed by the Commission,
at an initial stage, to assist in drawing up the proposal for
financing various elements of
the ESSP Programme. The
financing proposal was accepted and the applicant was
instructed, in the second stage, to draw up terms of reference
for the various elements of the ESSP Programme, and to assist
the Syrian beneficiaries in evaluating the pre-qualification
tender files. The final responsibility for adoption of the terms
of references, evaluation of the tenders and drafting of the
contracts attached to the Syrian authorities, under Commission
supervision. Following the further preparation of the detailed
specifications for a system appropriate to Syrian conditions, a
call for tenders was issued by the Syrian authorities for the
installation of an OPS (Operation Planning System). Two
tenders were submitted in response to that call, one of which
considerably undercut the competing tender, being submitted
by the applicant itself. The applicant was finally successful.

The applicant adds, however, that, more than one month after
signature of the contract, it was advised that the Commission
was no longer able to approve the contract, but no reasons for
this were given. Indeed,
it did not become aware of the
Commission’s alleged reasons until proceedings were brought
before the Ombudsman.

its claims,

the applicant submits that

In support of
the
Commission’s improper conduct in this case is apparent from
various acts, courses of conduct and failure to act occurring
throughout the procedure for award of the contract at issue,
and subsequently after signature of that contract by the Syrian
authorities.

Removal from the Register of Case T-349/99 (1)

(2001/C 161/50)

(Language of the case: English)

By order of 6 March 2001, the President of the First Chamber
of the Court of First Instance of the European Communities
has ordered the removal from the Register of Case T-349/99,
Miroslav Miskovic v Council of the European Union.

(1) OJ C 79 of 18.3.2000.