Case C-251/01 P: Appeal brought on 2 July 2001 by Mario Costacurta against the order delivered on 7 June 2001 by the Second Chamber of the Court of First Instance of the European Communities in Case T-328/00 between Mr Costacurta and the Commission of the European Communities
Date: 2001-09-01
Institutions: Court of Justice
Subjects: European official, General Court (EU), action for annulment (EU), third country, workplace

C 245/10

EN

Official Journal of the European Communities

1.9.2001

Appeal brought on 2 July 2001 by Mario Costacurta
against the order delivered on 7 June 2001 by the Second
Chamber of the Court of First Instance of the European
Communities in Case T-328/00 between Mr Costacurta
and the Commission of the European Communities

(Case C-251/01 P)

(2001/C 245/18)

An appeal against the order delivered on 7 June 2001 by the
Second Chamber of the Court of First Instance of the European
Communities in Case T-328/00 between Mr Costacurta and
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on
2 July 2001 by Mario Costacurta, represented by Mr Petit,
of
the Luxembourg Bar, with an address for service in
Luxembourg.

The appellant claims that the Court should:

— find the present appeal admissible;

— find the appeal well founded as to the substance;

— order, if the Rules of Procedure of the Court of Justice
allow it, the present appeal to be joined to the appeal
against the order of the Court of First Instance (Second
Chamber) of 7 June 2001 in Case T-328/00 concerning
the same dispute and lodged this day;

— set aside the order delivered by the Court of First Instance
(Second Chamber) of 7 June 2001 in Case T-328/00
Costacurta v Commission;

— make a decision as to how Case T-328/00 Costacurta v
Commission is to proceed in accordance with Article 54
of the Rules of Procedure of the Court of Justice;

— order the Commission of the European Communities
already to pay the costs of the interlocutory proceedings
and of the present appeal;

— reserve the costs as to the substance; find, none the less,
that Article 88, rather than Article 87(2), of the Rules of
Procedure of the Court of First Instance are applicable;

— reserve to the appellant all other rights, dues, pleas and

actions.

Pleas in law an main arguments

The pleas and main arguments are the same as those in Case
C-250/01 P.

Action brought on 29 June 2001 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-252/01)

(2001/C 245/19)

An action against the Kingdom of Belgium was brought before
the Court of Justice of the European Communities on 29 June
2001 by the Commission of the European Communities,
represented by H. van Lier, acting as Agent, assisted by
J. Stuyck, advocaat.

The applicant claims that the Court should:

1.

Pursuant to the first paragraph of Article 226 EC, declare
that:

— by failing,

in respect of a contract to perform
services involving coastal surveillance by means of
aerial photography, to place a notice in the Official
Journal of the European Communities, as required under
Directive 92/50/EEC (1) relating to the coordination
of procedures for the award of public service
contracts; and

— by unjustifiably awarding the contract in question
through application of a negotiated procedure with-
out prior publication of a notice,

the Kingdom of Belgium has failed to fulfil its obligations
under that directive, in particular Articles 11(3) and 15(2)
thereof;

2.

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

According to the Commission, the Belgian Government has
failed to demonstrate that performance of the services in
question involves special security measures, since undertakings
holding the required military security certificate may perform
the contract without thereby taking any such special security
measures into account.

Although the contract in question involves services relating to
aerial photography which, considered in se, ought to come
under the [United Nations Central Product Classification] CPC
Category No 87504.1 as ‘specialty photography services’, it
covers a much wider remit, closely connected to the monitor-
ing programme established by the administration for the
coastal zone and which, with a view to guaranteeing the