Case T-191/02: Action brought on 19 June 2002 by Giorgio Lebedef against the Commission of the European Communities
Date: 2002-09-28
Institutions: Court of First Instance
Subjects: EU programme, accession to an agreement, action for annulment (EU), social dialogue (EU), trade union, trade union election

C 233/24

EN

Official Journal of the European Communities

28.9.2002

The applicant considers that the Commission acted wrongfully
in so far as it failed to observe the procedure laid down in
Directive 92/59. (1) In that regard, the applicant submits that
the Commission did not establish that the apples tested had
originated from the applicant. In addition, there was no serious
and immediate risk. The applicant states that the checks carried
out established only that there was an impermissible level of
dicofol. The applicant also claims that, by failing to consult
the parties concerned as quickly as possible, the Commission
acted in breach of Article 7(2) of Directive 92/59.

The damage suffered by the applicant consists of loss sustained
in the English market, loss of profit, and harm to its reputation.
The applicant states that in the preceding year it had worked
hard to break into the English market and build up a
reputation. Its efforts have now been rendered useless. The
damage was evidently caused by the Commission’s wrongful
conduct since, following the notifications under the rapid alert
system,
the applicant’s sales in the English market were
brought to an end.

— annul Mr Neil Kinnock’s letter of 22 November 2001
addressed to the presidents of all
the trade unions
informing them of his decision to ask the Commission to
terminate the 1974 framework agreement on 5 December
2001;

— annul Mr Erik Halskov’s decision No 47623 of 6 Decem-
ber 2001 refusing to grant the applicant leave to attend,
on a mission basis, the meeting of 7 December 2001 on
the ‘Comprehensive Package of Proposed Amendments
to the Statute’;

— rule on costs, expenses and fees and order the European

Commission to pay them.

( 1) Council Directive 92/59/EEC of 29 June 1992 on general product

safety (OJ L 228, 11.8.1992, p. 24).

Pleas in law and main arguments

Action brought on 19 June 2002 by Giorgio Lebedef
against the Commission of the European Communities

(Case T-191/02)

(2002/C 233/45)

(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 June 2002 by Giorgio Lebedef,
residing at Senningerberg (Luxembourg), represented by Gilles
Bounéou, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the College of Commissioners of
5 December 2001 by which the agreement of 20 Septem-
ber 1974 on relations between the Commission and trade
unions/staff organisations is terminated with effect from
5 December 2001;

trade union is deprived of all or some of

By the present action, the applicant is contesting, in particular,
the Commission’s decision of 5 December 2001 whereby,
according to the applicant and in so far as the A&D (Action &
its
Défense)
rights arising from its adhesion to the framework agreement
governing relations between the Commission and trade
unions/staff organisations,
in particular recognition of its
representativity, participation in meetings at all levels and the
distribution of resources:

— the agreement on relations between the Commission and
trade unions/staff organisations of 20 September 1974 is
terminated with effect from 5 December 2001;

— the Operational Rules on levels of consultation, the
consultation body and related procedures (SEC (2000)
2086/3) agreed between the Commission and the
majority of the trade unions/staff organisations on 19 Jan-
uary 2000 are re-adopted;

— the agreement of 4 April 2001 on the resources to be
made available to the Central Committee and local staff
committees and the trade unions/staff organisations
(SEC(2001)955/5) is ratified;

— the provisions on strikes laid down in Annex 1 to the

1974 framework agreement are ratified;

28.9.2002

EN

Official Journal of the European Communities

C 233/25

— Vice-President Kinnock is asked to enter into negotiations
with the trade unions/staff organisations and to propose
for adoption by the Commission, before the end of March
2002, a new framework agreement and to include in the
series of amendments on which the trade unions and
staff organisations are to be consulted an amendment
providing for the opportunity to adopt electoral rules by
way of a vote by the staff of the institution.

In support of its claims, the applicant pleads:

— clear intent to circumvent the judgment of the Court of
First Instance of 22 November 2001 delivered in Case
T-349/00 Lebedef v Commission;

— infringement of the 1974 framework agreement and of

the principle ‘patere legem quam ipse fecisti’;

— absence of any objective examination of the representativ-
ity of the trade unions/staff organisations and manifest
error
rep-
resentativity;

in the comparative assessment of

that

The applicant claims that the Court should:

— allow the application;

— annul the contested measure;

— order the defendant to pay EUR 12 500 in respect of the
material and non-material harm suffered by the applicant;

— order the defendant to pay the applicant’s costs irrespec-

tive of the outcome of the case.

Pleas in law and main arguments

(1)

Failure on the part of the defendant to comply with the
judgment of the Court of First Instance in Case T-182/99
by which the decision not to promote the applicant was
annulled.

(2) Misuse of procedure.

— infringement of the principle of non-discrimination;

(3) Misuse of powers.

— infringement of the rights of the defence;

(4) Unreasonable exercise by the defendant of its discretion

in relation to promotions.

— breach of the principle of protection of legitimate expec-

tations;

(5)

Incorrect exercise of that discretion.

— failure to comply with the obligation to state reasons;

— failure to comply with the duty to have regard for the

welfare and interests of officials;

— infringement of Article 24a of the Statute and of the

principle of the freedom of trade union activity.

(6)

(7)

(8)

Sham re-examination of the applicant’s candidature for
promotion.

Superiority of the mark of the applicant, who was not
promoted, vis-à-vis the marks of those promoted.

Liability for a wrongful act on the part of the defendant,
causing the applicant material and non-material harm.

Action brought on 2 July 2002 by Georgios Karavelis
against the European Parliament

Action brought on 28 June 2002 by ‘N’ against Com-
mission of the European Communities

(Case T-197/02)

(2002/C 233/46)

(Language of the Case: Greek)

(Case T-198/02)

(2002/C 233/47)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
2 July 2002 by Georgios Karavelis, resident in Brussels,
represented by K. Tagaras, Lawyer, with an address for service
in Luxembourg.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 June 2002 by ‘N’, represented
by Nicola Lhoëst, lawyer.