Case T-113/01: Action brought on 22 May 2001 by Verónica Sabbag against the Commission of the European Communities
Date: 2001-08-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU), equal treatment, infringement of EU law, 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