Case T-258/01: Action brought on 15 October 2001 by Pierre Eveillard against Commission of the European Communities
Date: 2001-12-22
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), administrative sanction, regulations for civil servants

C 369/14

EN

Official Journal of the European Communities

22.12.2001

Decision of the Board of
Appeal:

Grounds of claim:

Dismissal of
duced by Alcon Universal Ltd.

the Appeal

intro-

Failure by the Board of Appeal to
recognise the actions undertaken
by Alcon Universal Ltd. to restrain
the use of the trade mark by other
parties.

— It submits that the Commission has assessed the gravity
of the infringement, as it is required to do so under
Article 12(2) of Council Regulation No 3975/87 (1),
incorrectly and that the categorisation of the infringement
under the Commission Guidelines on Fines (2) as ‘very
serious’
therefore incorrect.
Although the nature of the infringement as ‘market
sharing’ is not disputed the Commission’s assessment of
the actual impact and the geographic scope of that impact
are contested. The Commission’s calculation and use of
the term ‘affected turnover’ is also disputed.

than ‘serious’

rather

is

Action brought on 2 October 2001 by Scandinavia
Airlines System AB against the Commission of the Euro-
pean Communities

(Case T-241/01)

(2001/C 369/23)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 October 2001 by Scandinavian
Airlines System AB, represented by Mr Morten Kofmann of
Kromann Reumert, Copenhagen (Denmark).

The applicant claims that the Court should:

— judicially review the calculation of the fine imposed on

the applicant by the Commission.

Pleas in law and main arguments

The subject of the application is the Commission Decision
C(2001) 1987 final of 18 July 2001, relating to proceedings
pursuant to Article 81 of the EC Treaty ant Article 53 of the
Agreement on the European Economic Area (case COMP.D.2.
37.444 — SAS/Maersk Air and case COMP.D.2 37.386 —
Sun-Air vs. SAS and Maersk Air).
In this Decision the
Commission states that the applicant and Maesk Air A/S have
infringed the competition rules by agreeing to share markets
between them by Maersk Air withdrawing from the Copenha-
gen-Stockholm route and the applicant withdrawing from
the Copenhangen-Venice and Billund-Frankfurt routes, thus
leaving operation exclusively to the other party.

— It argues that the Commission has not proved that the
infringement covered the period from 5 September 1989
until 15 February 2001.

— In relation to co-operation and leniency, it maintains that
a number of factors that should have been taken into
consideration by the Commission have either not been
considered in the Decision or, if they have been con-
sidered, the Commission’s assessment is incorrect.

(1) Council Regulation (EEC) No 3975/87 of 14 December 1987
laying downthe procedure for the application of the rules on
competition to undertaking in the air transport sector (OJ L 374,
p. 1).

(2) Guidelines on the method of setting fines imposed pursuant to
Article 15(2) of Regulation No 17 and Article 65(5) of the ECSC
Treaty (OJ C9 1998, p. 3).

Action brought on 15 October 2001 by Pierre Eveillard
against Commission of the European Communities

(Case T-258/01)

(2001/C 369/24)

(Language of the case: French)

The applicant does not object to the Commission’s finding
that it has infringed the competition rules. It merely exercises
its right to subject the Commission’s calculation of the fine to
judicial review.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 15 October 2001 by Pierre Eveil-
lard, residing in Brussels, represented by Lucas Vogel, lawyer.

22.12.2001

EN

Official Journal of the European Communities

C 369/15

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision adopted by the appointing authority
on 25 June 2001 and notified to the applicant on 3 July
2001 rejecting the complaint lodged by the applicant on
the disciplinary decision of
19 March 2001 against
19 December 2000 imposing on the applicant
the
disciplinary measure of relegation by two steps, pursuant
to Article 86(2)(D) of the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant claims infringement
of Article 21 of the Staff Regulations and manifest error
of assessment. According to the applicant, the documents
attributed to him in the context of the award of a contract for
the security of Commission buildings were issued by a
hierarchical superior who was perfectly well aware of the
situation. Accordingly, those documents cannot be attributed
to the applicant.

Action brought on 19 October 2001 by Léon Rappe
against Commission of the European Communities

(Case T-264/01)

(2001/C 369/25)

(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 19 October 2001 by Léon Rappe,
residing in Orp-Jauche (Belgium), represented by Jean-Noël
Louis and Véronique Peere, lawyers.

The applicant claims that the Court should:

— annul

the decision of

the appointing authority of
18 December 2000 not to promote the applicant to
Grade A in the 1998 promotions procedure;

The applicant contests the decision adopted in compliance
with the judgment of the Court of First Instance in Case
T-202/99 annulling the decision of the Commission not to
promote the applicant in the 1998 promotions procedure.

In support of his application, the applicant pleads infringement
of Article 45 of the Staff Regulations and breach of the
principle of equal treatment, as well as manifest error of
assessment and breach of the principle of legitimate expec-
tations.

Removal from the Register of Case T-313/00 (1)

(2001/C 369/26)

(Language of the case: French)

By order of 13 June 2001, the Court of First Instance of
the European Communities (Single Judge: M. Forwood), has
ordered the removal from the Register of Case T-313/00,
Sjoerd Feenstra v Commission of the European Communities.

(1) OJ C 355 of 9.12.00.

Removal from the Register of Case T-90/01 (1)

(2001/C 369/27)

(Language of the case: German)

By order of 6 July 2001, the President of the Fourth Chamber
of the Court of First Instance of the European Communities
has ordered the removal from the Register of Case T-90/01,
Christine Janush v European Central Bank.

— order the defendant to pay the costs.

(1) OJ C 227 of 11.8.01.