Case T-143/01: Action brought on 22 June 2001 by Raymond Maxwell against Commission of the European Communities
Date: 2001-09-01
Institutions: Court of First Instance
Subjects: EU national, European Commission, action for annulment (EU), competition (EU), equal treatment

1.9.2001

EN

Official Journal of the European Communities

C 245/29

— Lack of legal basis

Pleas in law and main arguments

Commission Regulation (EC) No 142/98 of 21 January
1998 (5), which contains the provisions in force concern-
ing compensatory allowances, does not lay down any
specific rule on which the Commission might base itself
in order to ’revise downwards’ the production averages
for the last three fishing years in the event that one of the
members leaves a producers’ organisation.

The applicant took part in Competition COM/TB/99. He
challenges his not being placed on the reserve list for the
recruitment of Administrative Assistants, Senior Administrat-
ive Assistants and Principal Administrative Assistants.

In support of his application, the applicant claims breach of:

— Breach of the principle of legitimate expectations

— the principle of equal treatment;

According to the legislation in force when the contested
regulations were adopted and entered into force, the
applicant legitimately expected to receive higher com-
pensatory allowances. Such expectations were dashed
when the applicable rules were changed under the
contested provisions.

(1) OJ 2001 L 86, p 4.
(2) OJ 2001 L 86, p. 8.
(3) OJ 2001 L 118, p. 12.
(4) OJ 2001 L 159, p. 10.
(5) Commission Regulation (EC) No 142/98 of 21 January 1998
laying down detailed rules for granting the compensatory allow-
ance for tuna intended for the processing industry (OJ 1998 L 17,
p. 8).

Action brought on 22 June 2001 by Raymond Maxwell
against Commission of the European Communities

(Case T-143/01)

(2001/C 245/46)

(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 June 2001 by Raymond
Maxwell, residing in Lasne (Belgium), represented by Jean-Noël
Louis and Véronique Peere, lawyers.

The applicant claims that the Court should:

— the procedural guarantees afforded by the Community

legal system;

— essential procedural requirements and,

in particular,
infringement of
the rules governing the running of
competitions such as those laid down in Article 3(1) of
Annex II to the Staff Regulations and in the ’Guide for
selection boards and committees’;

— the legal framework of the competition notice; and

— the obligation to provide a statement of reasons.

Action brought on 20 June 2001 by Benito Latino against
Commission of the European Communities

(Case T-145/01)

(2001/C 245/47)

(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 20 June 2001 by Benito Latino,
residing in Lauzun (France), represented by George Vander-
sanden and Laure Levi, lawyers.

The applicant claims that the Court should:

— annul

the decision of

the appointing authority of
10 August 2000 not to acknowledge the occupational
origin of his arthritic symptoms;

— annul the decision of the selection board for competition
COM/TB/99 to award to the applicant for the oral test a
mark too low to allow him to be placed on the reserve
list;

— annul

the consequential decisions to charge to the
applicant the fees and incidental expenses of the doctor
appointed by the applicant to the Medical Committee
and half of the fees and incidental expenses of the third
doctor;

— order the defendant to pay the costs.

— order the defendant to pay all the costs.