Case T-254/01: Action brought on 9 October 2001 by Giuseppe Di Pietro against Court of Auditors of the European Communities
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Court of Auditors, access to EU information, action for annulment (EU), appointment of staff, professional qualifications

5.1.2002

EN

Official Journal of the European Communities

C 3/37

The applicant claims that the Court should:

In support of his claim, he relies on the following pleas:

concerning a proceeding pursuant

— annul the decision of the Commission of 16 August
2001 refusing to grant the applicant access to certain
documents
to
Article 81 of the EC Treaty (COMP/E-1/37.919) relating
to bank charges for currency exchange within the Euro
zone: Germany (Dresdner Bank AG) — on the wider
application of access to files under Article 8 of Com-
mission Decision 2001/462/EC, ECSC of 23 May 2001
on the terms of reference of hearing officers in certain
competition proceedings;

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those put
forward in T-216/01 Reisebank AG v Commission.

— the vacancy notice was drawn up in vague terms,
inasmuch as it does not make it possible to discern with
any certainty the conditions for taking part
in the
appointment procedure.

— the candidate who was finally appointed does not meet,
according to his curriculum vitae published on the
internet, the minimum requirements for selection and for
being considered a suitable candidate.

— the defendant, according to its own interpretation of the
rules of
the Court adopted by Decision No 18/97,
refused him access to certain document regarding the
appointment procedure.

Action brought on 9 October 2001 by Giuseppe Di Pietro
against Court of Auditors of the European Communities

Action brought on 11 October 2001 by Changzhou
Hailong Electronics & Light Fixtures Co., Ltd. & Zhejiang
Yankon Group Co., Ltd. against the Council of the
European Union

(Case T-254/01)

(2002/C 3/64)

(Language of the case: Italian)

(Case T-255/01)

(2002/C 3/65)

(Language of the case: English)

An action against the Court of Auditors of the European
Communities was brought before the Court of First Instance
of the European Communities on 9 October 2001 by Giuseppe
Di Pietro, represented by Giovanni Monforte, lawyer.

The applicant claims that the Court should:

— annul the decision of the Court of Auditors of the
European Communities of 22 February 2001 whereby it
decided to ‘appoint’ Michel Hervé to the post of Secretary
General of the Court;

— order the defendant to pay the costs incurred by the
applicant and to make good the damage suffered by him.

Pleas in law and main arguments

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 11 October 2001 by Changzhou Hailong
Electronics & Light Fixtures Co., Ltd. & Zhejiang Yankon
Group Co., Ltd., represented by Mr Philip Bentley QC and
Mr Filip Ragolle of Stanbrook Hooper, Brussels (Belgium).

The applicants claim that the Court should:

— annul Council Regulation (EC) No 1470/2001 of 16 July
2001 imposing a definitive anti-dumping duty and
collecting definitively the provisional duty imposed on
imports of
fluorescent
integrated electronic compact
lamps (CFL-i) originating in the People’s Republic of
China in so far as it applies to the applicants;

The applicant opposes the appointment of a Secretary General
of the Court of Auditors.

— order the Council to pay the costs.