Case T-321/01: Action brought on 15 December 2001 by Internationaler Hilfsfonds e.V. against the Commission of the European Communities
Date: 2002-03-02
Institutions: Court of First Instance
Subjects: action for annulment (EU), co-financing, development aid, non-governmental organisation

C 56/18

EN

Official Journal of the European Communities

2.3.2002

Decision of the Board of
Appeal:

Grounds of claim:

rescission of the decision of the
Opposition Division and referral
of the case back to the Opposition
Division as regards the goods and
services not
covered by the
decision of the Board of Appeal.

— order the defendant to pay damages provisionally asses-
sed, on a fair and equitable basis,
in the sum of
10 000 euros and to pay interest at 7 % per annum on
the balance of the pension due from 24 September 2000
to 1 April 2001;

— order the defendant to pay all the costs.

— infringement

Ar-
ticle 8(1)(b) of Regulation
(EC) No 40/94 (1);

of

Pleas in law and main arguments

— no risk of confusion;

— no similarity between the
allegedly conflicting services.

The pleas in law and arguments advanced are broadly similar
to those put forward in Case T-124/01 Del Vaglio v Com-
mission (OJ 2001 C 227, p. 31).

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 17 December 2001 by Pietro del Vaglio
against the Commission of the European Communities

(Case T-320/01)

(2002/C 56/32)

(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 December 2001 by Pietro del
Vaglio, residing in London, represented by Georges Vander-
sanden and Laure Levi, lawyers.

The applicant claims that the Court should:

— annul the defendant’s decision of 6 September 2001
rejecting the applicant’s complaint concerning the appli-
cation to his pension of the weighting for the United
Kingdom;

— order the defendant to apply the weighting for the United
from 24 September

Kingdom with retroactive effect
2000;

Action brought on 15 December 2001 by Internationaler
Hilfsfonds e.V. against the Commission of the European
Communities

(Case T-321/01)

(2002/C 56/33)

(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 15 December 2001 by Interna-
tionaler Hilfsfonds e.V., established at Rosbach (Federal Repub-
lic of Germany), represented by Hans Kaltenecker, lawyer.

The applicant claims that the Court should:

— annul

the decision of

the European Commission of
16 October 2001 by which it refused the applicant’s
1996 and 1997 requests for co-financing;

— order the Commission, pursuant to the principle of
reimbursement, to pay the costs, including those resulting
from the procedures before the Ombudsman which the
applicant was constrained to incur in order to obtain its
entitlement.

Pleas in law and main arguments

The applicant is challenging the Commission’s decision of
16 October 2001 rejecting three requests for co-financing
which it had made under budget heading B7-6000, concerning
the co-financing of actions with European non-governmental
development organisations (NGDOs)
in fields relating to
developing countries.

2.3.2002

EN

Official Journal of the European Communities

C 56/19

In that decision, the Commission explains that, in 1993, when
examining previous requests by the applicant for co-financing,
it concluded that the applicant was not eligible for such co-
financing inasmuch as it did not meet the applicable criteria,
and that once the competent departments declare an NGO
to be ineligible for Community co-financing that decision
automatically results in the rejection of any projects sub-
sequently submitted, until such time as the NGO meets the
eligibility criteria. In the applicant’s view, that approach is not
in conformity either with European Union law or with the
principles of sound administration.

Pleas in law and main arguments

In support of his arguments, the applicant alleges infringement
of the general provisions implementing Article 43 of the Staff
Regulations, breach of the principle of sound administration
and of the duty to have regard for the welfare of officials. In
particular, the procedure for drawing up the staff report was
considerably delayed and was followed without consulting the
ad hoc group, which was essential in view of the union duties
undertaken by the applicant.

The applicant also states that the Commission has constantly
maintained, both in the contested decision and in the course
of
the procedure which took place before the European
Ombudsman following the complaints lodged by the appli-
cant,
the applicant had acted fraudulently in order
to obtain financing funds. The applicant asserts that that
assessment is unfounded and that the contested decision is
therefore unjustified.

that

Action brought on 21 December 2001 by Luciano Lavag-
noli against Commission of the European Communities

(Case T-327/01)

(2002/C 56/34)

(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 21 December 2001 by Luciano
Lavagnoli, residing in Berchem (Grand Duchy of Luxembourg),
represented by Gilles Bounéou, lawyer.

The applicant claims that the Court should:

— grant the applicant BEF 500 000 (EUR 12 396,49) by
way of damages in compensation for non-material dam-
age caused as a result of the failure, to date, to draw up a
definitive staff report for the period 1 July 1997 to
30 June 1999;

— make an appropriate order as to costs ordering the

defendant to pay the costs and fees.

Action brought on 21 December 2001 by Tony Robinson
against Commission of the European Communities

(Case T-328/01)

(2002/C 56/35)

(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 21 December 2001 by Tony
Robinson, residing in Brussels, represented by Eric Boigelot,
lawyer.

The applicant claims that the Court should:

— annul the decision taken at the meeting of the Bureau of
the ESP Parliamentary Group on 6 and 7 March 2001 in
Brussels to the effect
the
Secretary-General, the Bureau decided to promote two
persons other than the applicant to Grade A 3 with effect
from 1 March 2001;

that, on the proposal of

— compensate the applicant to the tune of EUR 10 000;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his arguments, the applicant alleges infringement
of Article 45 of the Staff Regulations and infringement of the
rules of procedure of the secretariat of the socialist group, as
well as breach of general principles of
law such as the
principles of sound administration, the protection of legitimate
expectations, legal certainty and equal treatment. Furthermore,
the applicant alleges error of assessment, misuse of powers
and ultra vires. According to the applicant, consideration of his
merits should have necessarily resulted in his promotion rather
than in that of the persons promoted by way of the contested
decision.