Case T-160/01: Action brought on 17 July 2001 by Léon Rappe against the Commission of the European Communities
Date: 2001-10-13
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), equal treatment, regulations for civil servants, staff assessment

13.10.2001

EN

Official Journal of the European Communities

C 289/27

The applicant contends that the decision means that in future
almost all sales packaging in Germany will bear its mark, with
the result that, together with its disposal partners, the applicant
will bear the costs of the disposal of packaging for which it
will receive no licence fee. Indiscriminate designation of almost
all packaging in Germany with the mark ‘Der Grüne Punkt’
would, it argues, destroy both the indication-of-origin function
and the appeal function of that mark and thereby jeopardise
the efficacy of the applicant’s system. At almost the same time
it would lead to a total dilution of the mark, and the recognised
signal effect of the mark would be destroyed in a very short
time. The applicant submits that the total dilution of the mark
would imperil the authorisation of its system and claims
protection against revocation of that authorisation.

The applicant argues that there is no infringement of Article 82
inasmuch as the conditions for the legal exemption under
Article 86(2) EC are satisfied. The applicant submits that it is
entrusted with the operation of a service of general economic
interest and that accordingly the rules governing competition,
including those of Article 82 EC, apply to it only in so far as
their application does not obstruct the performance, under
commercially acceptable conditions, of the particular tasks
assigned to it. By destroying, in particular, the signal effect of
the mark ‘Der Grüne Punkt’, the decision has the effect of
endangering in such a way the functional efficacy of the
applicant’s system.

kamp, residing in Overijse (Belgium), represented by Eric
Boigelot, avocat, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the appointing authority of 13 Sep-
tember 2000 filling at Grade A 1 the post of Deputy
Director General responsible for coordination of Director-
ates C, D and E of the Directorate-General for Agriculture
(COM/094/00);

— set aside the appointment of another person to the post
of Deputy Director General responsible for coordination
of Directorates C, D and E of the Directorate-General for
Agriculture (COM/094/00), which involved in particular
the rejection of the application which the applicant had
submitted for the vacant post;

— annul the implied decision rejecting the applicant’s com-

plaint;

— in any event, order the defendant to pay the costs,
together with the expenses and fees of counsel consulted
by the applicant for the purpose of bringing the present
action.

The applicant concludes by arguing that there has been a
breach of Article 3 of Regulation No 17, contending inter alia
that an obligation such as that laid down in Articles 3 and 4
of the contested decision to grant a temporally unlimited
compulsory licence to use the mark ‘Der Grüne Punkt’ without
payment of a licence fee is disproportionate and at variance
with the case-law of the Court of Justice.

Pleas in law and main arguments

The applicant claims that the Commission took account of the
nationality of applicants in making the appointment to the
post of Deputy Director General, thereby infringing Articles 7,
25, 27, 29 and 45(1) of the Staff Regulations.

Action brought on 12 July 2001 by Alexandre Tilgenkamp
against the Commission of the European Communities

Action brought on 17 July 2001 by Léon Rappe against
the Commission of the European Communities

(Case T-158/01)

(2001/C 289/64)

(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 Alexandre Tilgen-

(Case T-160/01)

(2001/C 289/65)

(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 17 July 2001 by Léon Rappe,
residing in Orp-Jauche, Belgium, represented by Jean-Noël
Louis and Véronique Peere, Lawyers, with an address for
service in Luxembourg.

C 289/28

EN

Official Journal of the European Communities

13.10.2001

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision approving the applicant’s staff report

for the period 1995-1997;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant pleads:

— infringement of Article 6 of the general implementing
provisions relating to Article 43 of the Staff Regulations;

— breach of the principle of equal treatment and non-
discrimination and infringement of the rights of the
defence;

— breach of the principle of legitimate expectations;

— manifest error of assessment and incoherence.

Action brought on 12 July 2001 by Liam O’Bradaigh
against the Commission of the European Communities

(Case T-161/01)

(2001/C 289/66)

In support of his action, the applicant pleads breach of
essential procedural requirements, breach of the principle of
equal treatment and breach of the rules governing the work of
the jury. The applicant argues that neither the composition of
the jury nor the conduct of the oral tests for competition
COM/TB/99 complied with procedural requirements as defined
in case-law. He also maintains that the reasons given for the
contested decision do not meet the requisite legal standard.

Action brought on 17 July 2001 by Hans Mc Auley against
Council of the European Union

(Case T-165/01)

(2001/C 289/67)

(Language of the case: French)

An action against Council of the European Union was brought
before the Court of First Instance of the European Communities
on 17 July 2001 by Hans Mc Auley, residing in Wezembeek-
Oppem (Belgium), represented by Jean-Noël Louis et Véronique
Peere, lawyers.

The applicant claims that the Court should:

— annul the decision of the Commission of 15 September
2000 on the drawing up the final staff report for the
period 1 July 1997 to 30 June 1999;

(Language of the case: French)

— order the Commission to pay the costs.

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 Liam O’Bradaigh,
residing in Mechelen, Belgium, represented by Jean-Noël Louis
and Véronique Peere, Lawyers, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— annul the decision of the jury in competition COM-
T/OB/99 to award him in the oral tests a mark lower than
the pass mark and to exclude him from the reserve list;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant takes the view that the final staff report was
drawn up in breach of the obligation to provide a statement of
reasons and of the rights of the defence, inasmuch as it:

— awards standardised, harmonised marks;

— contains serious accusations which are neither substan-

tiated, objective nor specific;

— refers to conduct which has not been proven.