Case T-192/01: Action brought on 14 August 2001 by the Groupement européen d'intérêt économique Lior against the Commission of the European Communities
Date: 2001-10-27
Institutions: Court of First Instance
Subjects: Economic Interest Grouping, European Commission, appeal to the Court (EU), contract, financing, telecommunications

27.10.2001

EN

Official Journal of the European Communities

C 303/21

— consequently annul the 1999 A 4 promotions procedure

with regard to the applicant;

— order the defendant to pay all the costs of the action.

Pleas in law and main arguments

— Managium, relating to the Biogaz, Solaire Bioclima-
tique and Biogaz contracts is unlawful, since those
invoices cover the services actually provided by the
applicant’s Managing Director in accordance with
the work programme;

and consequently declare that the fees charged by Deira
and Managium must be accepted;

In support of his action, the applicant puts forward the same
pleas in law as in Case T-188/01. In addition the applicant
alleges non-compliance with the promotions procedure.

— declare that the decision terminating the Photovoltaic

SME/1883/98-EU contract is unlawful;

Action brought on 14 August 2001 by the Groupement
européen d’intérêt économique Lior against the Com-
mission of the European Communities

(Case T-192/01)

(2001/C 303/35)

(Language of the case: French)

and consequently declare that the Commission has no
legal
the advance of
to claim repayment of
36 000 Euros paid by way of financial contribution;

right

— declare that

the Commission’s decision retroactively
terminating the Transport DIS/1178/1997-BE Agreement
is unlawful;

and consequently declare that the Commission has no
legal right to claim repayment of the initial advance of
36 000 Euros paid by way of financial contribution, and
that the contract should run its term;

r e g a r d s

A s
4 1 0 3 0 / Z / 9 9 - 0 8 5 c o n t r a c t

t h e A l t e n e r A g o r e s

X V I I /

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 14 August 2001 by the Groupe-
ment européen d’intérêt économique Lior, established in
Brussels, represented by Véronique Marien and Joëlle Chou-
croun, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

I n t h e c o n t e x t o f p e r f o r m a n c e o f T h e r m i e
c o n t r a c t s

— order the European Commission to pay the final instal-

ment of its financial contribution, namely:

— order the Commission to pay the sum of 68 070 Euros,
representing the final instalment of its financial contri-
bution, together with interest at the statutory rate from
the date of the letter of 23 July 2001 giving formal notice
to pay;

r e g a r d s

A s
t r a c t s

t h e T h e r m i e a n d A l t e n e r c o n -

— order the Commission to compensate the applicant for
the damage suffered in the context of the performance of
all of the Thermie and Altener contracts, initially esti-
mated, on a fair and equitable basis, to amount to the
sum of 1 million Euros, subject to increase or decrease in
the course of proceedings;

— for

the
40 500 Euros

Biomasse

SME/1539/97

contract:

— order the Commission to pay all the costs.

— for

the Windenergy

SME/792/96

contract:

36 000 Euros,

together with interest at the statutory rate from the date
of the letter of 6 July 2001 giving formal notice to pay
until payment in full;

— declare that

the Commission’s decision rejecting the

invoices of its members

Pleas in law and main arguments

The applicant in the present case, a European economic
interest grouping with 10 members representing 4 countries
of the European Union, concluded several contracts with the
Commission under the Thermie Programme, Section B, with
the aim of creating CD-ROMs concerning:

— Deira, relating to all of the Thermie contracts, is
unlawful, in that it is based on a non-contractual
audit of its accounts;

— the management of biogas obtained from waste and
waste-water treatment (Biogaz SME/003/95-BE contract);

C 303/22

EN

Official Journal of the European Communities

27.10.2001

— bioclimatic

architecture
DIS/0161/95-BE contract);

(Solaire

Bioclimatique

— Biomasse combustion (Biomasse SME/1539/97-BE con-

tract);

European Communities on 11 August 2001 by Alain-Pierre
Allo, resident
in Brussels, represented by Nicolas Lhoëst,
lawyer, with an address for service in Luxembourg.

— wind energy technology (Windenergy SME-0792-96/BE

contract);

The applicant claims that the Court should:

— energy saving in respect of road transport (Transport

DIS/1178/97-BE contract); and

— photovoltaic

solar

technology

(Photovoltaic

SME/1883/198-EU contract).

— annul the Commission decision of 26 October 2000 in
that it deprived the applicant of a middle-management
post and reassigned him to the post of Adviser ad
personam in the RELEX G1 ‘Horizontal matters’ unit;

Furthermore, in the context of the Altener II Programme for
the dissemination of information on renewable energy, the
Commission entrusted to the applicant the task of creating
an Agores Internet site containing information about, and
promoting the use of renewable forms of energy, and a ‘link’
to all sites providing information concerning renewable forms
of energy.

The present application is founded on:

— the suspension of the final payments under the Biomasse
and Windenergy contracts, following an audit carried out
by the Commission;

— the unilateral termination of the Photovoltic contract,
after two years and five months’ performance of the
contract and the demand for reimbursement of
the
advance of 36 000 Euros;

— the termination of the Transport contract and the demand
for reimbursement of the advance of 36 000 Euros;

— the suspension of payment of the balance of 68 070 Euros

allegedly owed in respect of the Agores contract.

its claims,

In support of
the
Commission’s decisions giving rise to the present action have
no legislative, legal or contractual basis.

the applicant submits that

Action brought on 11 August 2001 by Alain-Pierre Allo
against the Commission of the European Communities

(Case T-193/01)

(2001/C 303/36)

(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

— annul the Commission decision of 31 January 2001 and
any similar decision refusing to transfer the applicant to
another service or another DG in accordance with
Article 7 of the Staff Regulations;

— in so far as necessary, annul the Commission decision of
3 May 2001, expressly rejecting the complaint submitted
by the applicant on 23 January 2001, and the Com-
mission decision of 19 June 2001, expressly rejecting the
complaint submitted by the applicant on 30 April 2001;

— order the defendant to pay a sum of 25 000 Euros as

compensation for the damage suffered;

— order the defendant to pay all the costs of the action.

Pleas in law and main arguments

In the course of reorganizing the Commission’s directorates-
general, the unit of which the applicant was, until then, head
of unit was abolished, and the applicant was reassigned as
Adviser ad personam in another unit. That reassignment,
resulted inter alia in putting the applicant in a situation where
he was subordinate to an official in a lower grade than his.

The applicant submits that the Commission should have
examined the comparative merits of each of the three heads of
unit affected by the reorganisation. The Commission’s decision
concerning the reassignment of the applicant did not contain
any explanation of the reasons behind the Commission’s
choice to bring to an end his duties as head of unit. The
Commission therefore infringed Article 25(2) of the Staff
in breach of
Regulations. The applicant also submits that,
Article 7 of the Staff Regulations, the decision clearly failed to
have regard to the needs of the service.