Case T-159/01: Action brought on 12 July 2001 by Christopher Wilkinson against Commission of the European Communities
Date: 2001-09-29
Institutions: Court of First Instance
Subjects: European Commission, European official, Internet, action for annulment (EU), appointment of staff, regulations for civil servants

C 275/14

EN

Official Journal of the European Communities

29.9.2001

The applicant goes on to argue that the Commission erred in
applying Regulation (EEC) No 1191/69 of the Council (1) to
It submits that Combus has neither
the situation in this case.
a ‘tariff obligation’ nor an ‘obligation to operate’, and that the
company does not provide a public service. The regulation is
not applicable to Combus and the State aid granted to Combus
does not come with the scope of that regulation.

In the contested decision, the Commission proceeded on the
basis that the aid for Combus is restructuring aid. Against this,
the applicant argues that the aid granted is not restructuring
aid, but rather an operating subsidy, and that at no time was a
restructuring plan submitted for any of the three subsidies
granted in total. Further, it is a condition of the framework
provisions that aid recipients must contribute significantly to
the restructuring programme using their own means from
external financing, and it is, according to the applicant, obvious
that Combus did not itself make any contribution.

So far as Article 73 EC is concerned, the applicant submits
inter alia that neither the Member States nor the Commission
can invoke Article 73 EC in order to legitimise aid for the
transport industry or transport objectives which cannot be
regarded as being compatible with Article 87 EC.

The applicant concludes by arguing that the Commission has
infringed the principles of equal treatment and proportionality,
has failed to meet its obligation to provide reasons, and has
committed essential procedural errors, for instance through its
use of fundamentally flawed facts in support of the decision.

(1) Regulation (EEC) No 1191/69 of the Council of 26 June 1969 on
action by Member States concerning the obligations inherent in
the concept of a public service in transport by rail, road and
inland waterway (OJ, English Special Edition 1969(I), p. 276).

Action brought on 12 July 2001 by Christopher Wilkin-
son against Commission of the European Communities

(Case T-159/01)

(2001/C 275/28)

(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 12 July 2001 by Christopher
Wilkinson, residing in Brussels, represented by Marc-Albert
Lucas, lawyer.

— to assign to the unit in Directorate A of DG INFSO
responsible for telecommunications the duties of
organising and managing the internet infrastructures
which the applicant carried out in his capacity as
advisor;

— to abolish his duties as advisor;

— to transfer him in due course to another Directorate

General by way of redeployment; and

— to transfer him in the interim as advisor ad personam

at Directorate A of DG INFSO.

— annul the implied decision rejecting a number of adminis-
trative complaints lodged by the applicant on 4 and
19 December 2000, and on 19 January 2001, against the
decisions of 1 December.

— order the defendant to pay the costs.

Pleas in law and main arguments

— the existence in the present case of a manifest error of

assessment;

— manifestly inadequate reasons for the contested acts;

— infringement of

the decision of 26 July 2000
implementing ‘peer review’, as set out in the memor-
andum of 13 September 2000 from the Secretary General
to the Directors General and Heads of Service;

— breach of the duty to have regard for the welfare of

officials;

— infringement of Article 7(1) of the Staff Regulations.

Action brought on 17 July 2001 by Juan Pedro Pérez
Escanilla against the Commission of the European Com-
munities

(Case T-163/01)

(2001/C 275/29)

(Language of the case: French)

The applicant claims that the Court should:

— annul the decisions of 1 December 2000 of the Director

General of DG INFSO:

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 July 2001 by Juan Pedro Pérez
Escanilla, residing in Brussels, represented by Jean-Noël Louis
and Véronique Peere, lawyers.