Case T-323/01: Action brought on 19 December 2001 by Mercedes Alvarez Moreno against Commission of the European Communities
Date: 2002-04-06
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), age discrimination, information profession, population of working age, servant (EU)

6.4.2002

EN

Official Journal of the European Communities

C 84/61

In view of the inactivity of the Community institution, the
applicant, by letter of 26 July 2001, received by the Com-
mission on 30 July 2001, more than 53 months after
the complaint was lodged, called on the Commission,
in
accordance with Article 232 of the EC Treaty, to adopt a
position on the complaint and initiate the procedure under
Article 88(2) of the EC Treaty.

The Commission replied, after the two-month time-limit
prescribed by Article 232, in a letter of 24 October 2001, in
which it does not define its position, but merely states that it
is completing the internal preparatory work with regard to the
complaints.

It was stated in the application that the Community Ship-
owners should hold 60 % of the shares of the joint enterprise,
while the partner in the relevant third Country, Namibia,
should hold 40 % of the shares. After the withdrawal of the
project of
the Spanish company E. Vieira S.A. and the
replacement of two of the four vessels involved with two other
vessels, the applicant and the Namibian partner concluded an
agreement, according to which the applicant owned 28,51 %
of the share capital, but only 13,68 % of the voting rights.
Finally, with effect from 1 May 1995, the applicant transferred
part of its shareholding in the joint entreprise to the Namibian
partner under an agreement providing that the applicant’s
the share capital.
shareholding was reduced to 1 % of
According to the contested Decision, the basis for providing
financial aid has ceased to exist because of this reduction to
1 % of the applicant’s shareholding in the joint undertaking,
which is not be considered sufficient for a joint enterprise, as
defined by Community Regulations.

Action brought on 17 December 2001 by Norway Sea-
foods Denmark A/S against the Commission of the
European Communities

The contested Decision infringes Article 44(1) of the above
mentioned Council Regulation (EEC) No. 4028/86.

(Case T-319/01)

(2002/C 84/112)

(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 17 December 2001 by Norway
Seafoods Denmark A/S, represented by Mr Jacob Ørndrup of
Gorrissen Federspiel Kierkegaard, Copenhagen (Denmark).

The applicant claims that the Court should:

— annul Commission Decision K(2001)3079 of 16 October

2001

— order the Commission to pay the costs.

Pleas in law and main arguments

financial aid pursuant

The present application has been lodged against Commission
Decision K(2001)3079 of 16 October 2001, regarding the
reduction and repayment of financial aid to Foodmark A/S
under Commission Decision K(93)1823 of 5 July 1993, as
amended by Decision K(94)119 of 27 January 1994, for
Project SM/DNK/02/93, the object of which was an application
for
to Council Regulation (EEC)
No. 4028/88 of 18 December 1986, on Community measures
to improve and adapt structures in the fisheries and aquacul-
ture
sector as amended by Council Regulation (EEC)
No. 3944/90 of 20 December 1990 (1). The applicant’s name
at the time of this application was Foodmark A/S; this name
was later changed to Foodmark Holding A/S and later still to
Norway Seafoods Denmark A/S.

— The reduction of the applicant’s shareholding in the joint
enterprise to 1 % did not mean that a joint enterprise
within the meaning of the Regulation no longer existed.

— The applicant had a legitimate expectation that

the
reduction of the Applicant’s shareholding in the joint
enterprise to 1 % would not result in any demand for
repayment of aid from the Commission.

(1) OJ L 380 of 31.12.1990, p. 1.

Action brought on 19 December 2001 by Mercedes
Alvarez Moreno against Commission of the European
Communities

(Case T-323/01)

(2002/C 84/113)

(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 December 2001 by Mercedes
Alvarez Moreno, residing in Berlin, represented by Georges
Vandersanden and Laura Levi, avocats.

C 84/62

EN

Official Journal of the European Communities

6.4.2002

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision taken by the defendant, as communi-
cated to her by letters of 13 February 2001 and 23 Febru-
ary 2001, to apply an age limit set at 65 years to freelance
interpreters and therefore to apply that age limit to her;

— annul,

in so far as necessary,

the
applicant’s complaint by the Commission on 7 September
2001, received on 10 September 2001;

the rejection of

— find that the applicant may continue to work as freelance
interpreter, for the Community institutions, beyond the
age of 65;

— make good the damage caused to the applicant provision-

ally assessed at 1 euro;

— order the defendant to pay all the costs.

Pleas in law and main arguments

In support of her arguments, the applicant relies on the same
pleas in law as those put forward in T-153/01 Mercedes
Alvarez Moreno v Commission (OJ 2001 C 275, p. 11).

— annul the applicant’s staff report for 1995-1997 inas-
much as it does not take account of the opinion of the ad
hoc working party, the ad hoc appeals joint working party
and the staff reports Joint Committee, in that it does not
assess his duties as a trade union representative and his
status as an elected member as being part of the duties
which he is required to undertake in his institution;

— make an order as to costs requiring the defendant to pay

the costs and fees incurred.

Pleas in law and main arguments

The applicant, an official of the Commission, contests the
rejection of his complaint seeking the annulment of his staff
report for 1995-1997.

In support of his arguments, he claims that certain assessments
are not justified and that his professional situation and his
career development were adversely affected following his
election to a local staff committee and as a result of his union
activities. He alleges psychological harassment or mobbing
intended to restrict his freedom of association, infringement of
the general provisions implementing Article 43 of the Staff
Regulations and breach of the principle of sound adminis-
tration.

Action brought on 21 December 2001 by Giorgio Lebedef
against Commission of the European Communities

Action brought on 21 December 2001 by Archer Daniels
Midland Company against the Commission of the Euro-
pean Communities

(Case T-326/01)

(2002/C 84/114)

(Language of the case: French)

(Case T-329/01)

(2002/C 84/115)

(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 21 December 2001 by Giorgio
Lebedef, residing in Senningerberg (Grand Duchy of Luxem-
bourg), represented by Gilles Bounéou, lawyer.

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 Archer
Daniels Midland Company, represented by Professor Carl Otto
Lenz, Ms Lynda Martin Alegi, Mr Edward William Batchelor
and Ms Marta Garcia of Baker & McKenzie, London (United
Kingdom).