Case T-114/01: Action brought on 23 May 2001 by Stefano Cocchi and Evi Hainz against the Commission of the European Communities
Date: 2001-08-11
Institutions: Court of First Instance
Subjects: European Commission, Joint Research Centre, action for annulment (EU), appointment of staff, equal treatment, servant (EU)

11.8.2001

EN

Official Journal of the European Communities

C 227/27

Pleas in law and main arguments

Action brought on 22 May 2001 by Vero´ nica Sabbag
against the Commission of the European Communities

In 1995 the Federal Republic of Germany gave notice of aid
for the privatisation of eight subsidiaries of
the holding
company EFBE Verwaltungs GmbH, now Lintra Beteiligungs-
holding GmbH. By decision of 13 March 1996, communicated
by letter of 23 April 1996 (1), the Commission informed
Germany of its approval of aid for restructuring measures in
connection with the privatisation of Lintra Beteiligungsholding
GmbH.

required

Germany

reclaim aid

By the contested decision of 28 March 2001, the defendant
totalling
to
has
DEM 34 978 000 from Lintra Beteiligungsholding GmbH and
the Lintra subsidiaries. Aid amounting to DEM 3 195 559 is
to be reclaimed from the applicant. The defendant asserts that
that aid has been used improperly and in breach of the
statements in the approved restructuring plan. According to
the defendant, the aid granted has reportedly been used to pay
for services provided by Lintra Beteiligungsholding GmbH.

The applicant submits that the contested decision is unlawful
and void in relation to it if only because it was not granted any
aid whatsoever in breach of the decision of 13 March 1996.

According to the applicant, it is significant that the defendant
has not asserted that the applicant misused the restructuring
aid. The defendant has relied solely on presumptions in its
request for recovery. The applicant states that all the aid which
was received by it was used exclusively for restructuring
measures. Moreover, the amount to be reclaimed from it was
set totally arbitrarily.

Furthermore, all aid from the defendant or from Germany
went to Lintra Beteiligungsholding GmbH and was passed on
to its subsidiaries only indirectly. For that reason a notice for
recovery can be issued solely to the parent company.

(Case T-113/01)

(2001/C 227/52)

(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 May 2001 by Vero´ nica Sabbag,
residing in Brussels, represented by Jean-Noël Louis and
Véronique Peere, avocats, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— annul the decision of the Selection Committee in compe-
tition COM/R/A/01/1999 to award the applicant a mark
insufficient for her to be included on the reserve list;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant took part in competition COM/R/A/01/1999.
She is contesting her non-inclusion in the reserve list for the
selection of temporary agents responsible for the management
of technological research and development programmes.

In support of her claim, the applicant alleges:

— infringement of the selection notice, of essential pro-
cedural requirements and of the rules governing the
functioning of selection boards, as well as a manifest
error of assessment;

— breach of the obligation to provide a statement of reasons;

— infringement of the principle of equal treatment;

— non-compliance with the obligation to have regard to the
interests and welfare of officials and violation of the
principle of sound administration.

The applicant is also of the view that no basis is apparent for
claiming that there is joint and several liability between Lintra
Beteiligungsholding GmbH and the subsidiaries. Such liability
is presumably asserted by the defendant solely because the
parent company itself is insolvent.

Action brought on 23 May 2001 by Stefano Cocchi and
Evi Hainz against the Commission of the European
Communities

(1) A summary was published at OJ No C 168, 12.6.1996, p. 10.

(Case T-114/01)

(2001/C 227/53)

(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

C 227/28

EN

Official Journal of the European Communities

11.8.2001

European Communities on 23 May 2001 by Stefano Cocchi,
residing at Varano Borghi
(Italy), and Evi Hainz, residing
at Besozzo (Italy), represented by Laure Levi and Georges
Vandersanden, avocats.

The applicants claim that the Court should:

— annul the decisions of the Authority Empowered to
Conclude Contracts (AECC), of unknown date, appointing
persons to fill the posts declared vacant by, respectively,
vacancy notices COM/R/5530/00 of 24 February 2000
(in the case of Mr Cocchi) and COM/R/5500/00 of
24 February 2000 (in the case of Ms Hainz) and, in so far
as may be necessary, annul the implicit decision rejecting
the applicants’ complaints;

— order the defendant to pay one euro by way of damages
for the prejudice suffered as a result of that decision, that
sum being fixed on an equitable and provisional basis;

— order the defendant to pay all the costs.

Pleas in law and main arguments

The applicants claim that the Court should:

— annul

the decision of

the Authority Empowered to
Conclude Contracts (AECC) to cancel the recruitment
procedures initiated by the publication of the following
vacancy notices: COM/R/5638/00 and COM/R/5639/00
(in the case of Francesca Bertolo), COM/R/5526/00 (in
the case of Laurence Bories), COM/R/5645/00 (in the
case of Lionello Brovelli), COM/R/5889/99 (in the case of
Philippe Chemin), COM/R/5520/00 (in the case of Laura
Copes), COM/R/5646/00 (in the case of Maria Gabriella
D’Elia), COM/R/5863/99 (in the case of Emanuele Mondi-
ni) and COM/R/5521/00 (in the case of Helen Preissler);

— in the case of Philippe Chemin and Emanuele Mondini,
annul, respectively, vacancy notices COM/R/5734/00
(Philippe Chemin) and COM/R/5735/00 (Emanuele Mon-
dini), published on 23 June 2000, and annul the decisions
taken in the context of those new recruitment procedures;

— order the defendant to pay one euro by way of damages
for the prejudice suffered as a result of the contested
decisions, that sum being fixed on an equitable and
provisional basis;

— order the defendant to pay the costs.

The pleas in law and main arguments advanced in this
application are analogous to those put
forward in Case
T-330/00 (1).

Pleas in law and main arguments

(1) OJ 2000 C 372, p. 15.

The present action reproduces the facts and legal arguments
put forward in support of the application of certain applicants
in Case T-331/00 Bories and Others v Commission (1).

(1) OJ C 372 of 23.12.2000, p. 16.

Action brought on 29 May 2001 by Francesca Bertolo
and Others against the Commission of the European
Communities

(Case T-115/01)

(2001/C 227/54)

(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 29 May 2001 by Francesca Bertolo,
residing at Varese (Italy), Laurence Bories, residing at Vallon
Pont d’Arc (France), Lionello Brovelli, residing at Angera (Italy),
Philippe Chemin, residing at Gif sur Yvette (France), Laura
Copes, residing at Ispra (Italy), Maria Gabriella d’Elia, residing
at Taino (Italy), Emanuele Mondini, residing at Gavirate
(Italy) and Helen Preissler, residing at Siegsdorf (Germany),
represented by Georges Vandersanden and Laure Levi, avocats.

Action brought on 28 May 2001 by Marcos Roman Parra
against the Commission of the European Communities

(Case T-117/01)

(2001/C 227/55)

(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 28 May 2001 by Marcos Roman
Parra, residing at Zaventem (Belgium), represented by Jean-
Noël Louis and Véronique Peere, avocats, with an address for
service in Luxembourg.