Case T-96/01: Action brought on 4 May 2001 by Rodolfos Maslias against the European Parliament
Date: 2001-07-14
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), pay, personnel administration, regulations for civil servants

C 200/58

EN

Official Journal of the European Communities

14.7.2001

2001 by INNOVA — Centro Euromediterraneo per lo Svilup-
po Sostenibile, established in Calatafimi, Italy, represented by
Denis Waelbroeck and Jennifer Waldron, Lawyers.

The applicant claims that the Court of First Instance, should:

— In the first place,

— Order the Commission to pay the grant which it
undertook to pay under the contract concluded on
28 January 2000 in relation to the Una Festa per
Aristofane project,

— Order the Commission to pay interest on that sum;

— In the alternative,

— Annul the Commission’s decision to suspend pay-
ments in respect of the second and final phases of
the grant contract in relation to the Una Festa per
Aristofane project, notified to INNOVA by letter
from Mrs Efterpi Verigaki of 25 January 2001,

— Order the Commission to pay the costs in their entirety.

its obligation to pay the grants due in connection with the Una
Festa per Aristofane project by reason of non-performance —
which is not admitted — of obligations relating to another
project. Nor can the suspension of payment be seen as a penalty
within the meaning of Council Regulation (EC, Euratom) No
2988/95 (3).

Finally, neither of the contracts provides for set-off and set-off
is not authorised by any provision governing the programmes
concerned.

In support of its claim for annulment, the applicant claims,
inter alia, that the decision is illegal, in that it is ultra vires,
lacks a proper statement of reasons, infringes the applicant’s
rights of defence and infringes the principle of proportionality.

(1) OJ 1999 C 163, p. 3.
(2) Based on Decision 508/2000/EC of the European Parliament and
of the Council of 14 February 2000 establishing the Culture 2000
Programme (OJ 2000 C 63, p. 1).

(3) Council Regulation (EC, Euratom) No 2988/95 of 18 December
1995 on the protection of the European Communities’ financial
interests (OJ 1995 L 312, p. 1).

Contentions and principal arguments adduced in suppport

Action brought on 4 May 2001 by Rodolfos Maslias
against the European Parliament

In June 1999 the Commission published a call for tenders (1) for
experimental events under the ‘Culture 2000’ programme (2). In
December 1999 the Commission approved a project drawn
up by the applicant which provided for the organisation of an
event entitled Una Festa per Aristofane the purpose of which
was to spread and increase young people’s awareness of their
common European heritage.

After receiving the first part of the grant, the applicant sent the
Commission a request for payment of the second instalment
and, later, for payment of the balance of the financial assistance
granted to the project. In reply the Commission informed the
applicant that the final payment had been blocked because of
an order for recovery of a larger sum from the applicant. That
order relate to another contract between the parties, which
had been terminated by the Commission. The applicant
instituted proceedings before the Belgian courts to have the
Commission’s decision to terminate the contract annulled.

The applicant claims that the Commission is in breach of its
contractual and legislative obligations. The contracts are
separate and non-performance of obligations under one con-
tract cannot justify the suspension of obligations arising from
the other. No provision of either contract or of the regulations
governing those contracts allows the Commission to suspend

(Case T-96/01)

(2001/C 200/109)

(Language of the case: Greek)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
4 May 2001 by Rodolfos Maslias, official of the European
Parliament, represented by Professor Kharis Tagaras, Lawyer,
Sagia Chambers, Likavittou 5, Athens 106 72.

The applicant claims that the Court should:

— annul:

(1)

the decision of the defendant of 20 October 2000
to stop unilaterally (or, in the alternative, not to allow
at all) the exchange of officials of 11 September
2000 with the Greek Ministry of Culture (on the
basis of which the applicant, as an official of the
defendant, was exchanged with an official of the
Ministry of Culture);

(2)

to pay the
the decision of
applicant his rightful remuneration for the period
from 16 September 2000 to 15 November 2000;

the defendant not

14.7.2001

EN

Official Journal of the European Communities

C 200/59

(3)

the implied rejection by the defendant of the admin-
istrative complaint submitted by the applicant on
5 December 2000 against the contested decisions
by the defendant referred to at (1) and (2) above;

(4)

all other
defendant;

related enforceable measures of

the

Grounds for annulment and main arguments

The applicant alleges that the defendant:
— has infringed Article 62 of the Staff Regulations, which
forms the basis of the entitlement of Community officials
to remuneration;

— has infringed the provisions concerning exchanges of

European Parliament and national officials;

— has offended against the principles of good administration

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

and of the protection of legitimate expectations.