Case T-238/01: Action brought on 28 September 2001 by the Centre Européen pour la statistique et le développement A.s.b.l. (CESD — Communautaire, Asbl) against the Commission of the European Communities
Date: 2001-11-24
Institutions: Court of First Instance
Subjects: EU aid, European Commission, appeal to the Court (EU), audit, non-profit organisation, redemption

24.11.2001

EN

Official Journal of the European Communities

C 331/33

Action brought on 21 September 2001 by Georgios
Karavelis against the European Parliament

Action brought on 28 September 2001 by the Centre
Européen pour la statistique et le développement A.s.b.l.
(CESD — Communautaire, Asbl) against the Commission
of the European Communities

(Case T-235/01)

(2001/C 331/54)

(Language of the case: Greek)

(Case T-238/01)

(2001/C 331/55)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
21 September 2001 by Georgios Karavelis, an official of the
European Parliament, resident
in Brussels, represented by
K. Tagaras.

The applicant claims that the Court should:

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 September 2001 by the Centre
Européen pour la statistique et le développement Asbl (CESD
— Communautaire, Asbl) established in Luxembourg, rep-
resented by Dominique Grisay and Barbara Koops, lawyers,
with an address for service in Luxembourg.

— allow the application in its entirety and in respect of all

the forms of order sought,

The applicant claims that the Court should:

— annul the notification concerning the filling of vacancy
No 9186 and the implied rejection by the defendant of
the applicant’s administrative complaint of 11 May 2001,

— appoint a legal expert,

— order the defendant to bear the entire legal costs of both

parties irrespective of the outcome of the case.

Pleas in law and main arguments

The applicant, an official of the European Parliament promoted
to Grade A 4 from 1 January 2000, challenges the decisions
by which the defendant rejected his candidature for vacancy
No 9186 (the post of director of the Information Office in
Athens, at Grade A 3) on the ground that, at the time of
submission of his candidature, he had not completed the
required two years’ service at the Grade of A 4. The applicant
submits that, since an application by him contesting the
decision not to promote him to Grade A 4 during the 1998
promotion procedure was pending before the Court of First
Instance, which, by judgment of 8 May 2001, found in his
favour and annulled the relevant decision by the defendant,
the latter was obliged to demonstrate reasonable care and
extend the period for submission of candidatures and thus
take account of his candidature.

— state, on the basis of the legal expert’s report, which
expenses incurred by the applicant should be considered
ineligible, and accordingly what amount, if any, should
be repaid to the Commission by the applicant,

— alternatively, authorise the applicant to determine, on the
basis of the audit carried out by its auditor, which
amounts could properly be considered as ineligible by
the Commission’s internal audit services and, after hearing
the parties, to revise the debit note sent by the Com-
mission’s services on 16 August 2001, determining which
ineligible amounts should be repaid to the Commission
by the applicant,

— order the Commission to pay the costs, including the

costs of the expert’s report.

Pleas in law and main arguments

The applicant is a non-profit-making organisation the object
of which is to implement technical cooperation projects in the
field of statistics for the benefit of third countries. To that end,
the applicant receives subsidies on the basis of an agreement
concluded with the Commission.

C 331/34

EN

Official Journal of the European Communities

24.11.2001

During an audit of the subsidies granted to the applicant, the
Eurostat internal audit unit found that subsidies had been paid
but not used and some expenditure that was not eligible. The
Commission subsequently decided to take steps to recover the
amount in question.

the audit carried out by the
The applicant claims that
Commission does not correctly evaluate certain information
and data and does not apply the principles in force concerning
internal Commission audits. The applicant also alleges that the
audit was one-sided and carried out by a service dependent on
one of the Contracting Parties. The applicant finally submits
that not all of the documents available were taken into
consideration in the audit.

Action brought on 2 October 2001 by Jean-Louis Cou-
gnon against the Court of Justice of the European Com-
munities

(Case T-240/01)

(2001/C 331/56)

Pleas in law and main arguments

In support of his action, the applicant invokes an infringement
of the terms of the vacancy notice, an error in the assessment
of those terms, and infringement of the principle of the
protection of legitimate expectations. The applicant further
pleads infringement of the principle of equal treatment as
between internal candidates and candidates external to the
institution inasmuch as the internal candidates had the benefit
of being known by the appointing authority.

Removal from the register of Case T-53/01 (1)

(2001/C 331/57)

(Language of the case: Italian)

By order of 11 September 2001, the President of the Fifth
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
the
Case T-53/01, Poste Italiane SpA v Commission of
European Communities.

(Language of the case: French)

(1) OJ C 134 of 5.5.2001.

Justice of

the Court of

An action against
the European
Communities was brought before the Court of First Instance
of the European Communities on 2 October 2001 by Jean-
Louis Cougnon, residing in Capellen, Luxembourg, represented
by Joëlle Choucron, avocat, with an address for service in
Luxembourg.

Removal from the register of Case T-98/01 (1)

(2001/C 331/58)

(Language of the case: French)

The applicant claims that the Court should:

— annul the procedure for filling the post of Director of
Personnel and Finances — career bracket A 2 — referred
to in Vacancy Notice CJ 78/00 received and published on
17 October 2000,

By order of 30 July 2001, the President of the Fifth Chamber
of the Court of First Instance of the European Communities
has ordered the removal from the Register of Case T-98/01,
Filippos Pierros v Commission of the European Communities.

— order the defendant to pay the costs.

(1) OJ C 186 of 30.6.2001.