Case T-94/03: Action brought on 10 March 2003 by Ferriere Nord S.p.A. against the Commission of the European Communities
Date: 2003-05-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), building industry, fine, restriction on competition

C 112/42

EN

Official Journal of the European Union

10.5.2003

Action brought on 5 March 2003 by Luis Escobar Guer-
rero against the Commission of the European Communi-
ties

(Case T-92/03)

(2003/C 112/78)

The applicant claims that the Court should:

— annul the decision of

the Commission rejecting the
applicant’s candidacy for the post of Grade A 2 as
Director of DG INFSO/A: ‘Information Services: policy
and regulation’;

— annul the decision of the Commission of 29 March 2002;

(Language of the case: French)

— order the defendant to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 March 2003 by Luis Escobar
Guerrero, residing in Luxembourg, represented by Albert
Coolen, Jean-Noël Louis, Étienne Marchal and Sébastien Orlan-
di, lawyers, with an address for service in Luxembourg.

Pleas in law and main arguments

The applicant, an official of the Commission, objects to the
Commission’s decision to reject his candidacy for the post of
Grade A 2 as Director of DG INFSO/A: ‘Information Services:
policy and regulation’.

The applicant claims that the Court should:

In support of his application, the applicant alleges:

— annul the Commission’s decision not to include the
applicant’s name on the list of officials promoted to
Grade A5 for promotions round 2002, a decision which
results from the publication in ‘Informations administrat-
ives’ No 40-2002 of 17 May 2002;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant alleges breach of
the obligation to state reasons. He also alleges breach of
Article 45 of the Staff Regulations and of the principle of equal
is entitled to
the principle that an official
treatment, of
reasonable career prospects and of the principles of proper
administration and sound management.

— breach of the obligation to provides reasons;

— infringement of Article 4, Article 7, the third paragraph
of Article 27, Article 26(1)(a) and Article 45 of the Staff
Regulations;

— breach of the principle of equal treatment and non-

discrimination;

— manifest error of assessment;

— infringement of the rules of conduct adopted by the
Commission for filling of posts at grades A 1 and A 2.

Furthermore, he claims that the professional requirements for
the post, as set down in the notice of vacancy, are unlawful
inasmuch as they are not directed at securing the services of
officials of the highest standard of ability, efficiency and
integrity in relation to the duties to be performed.

Action brought on 4 March 2003 by Spyros Konidaris
against the Commission of the European Communities

Action brought on 10 March 2003 by Ferriere Nord S.p.A.
against the Commission of the European Communities

(Case T-93/03)

(2003/C 112/79)

(Case T-94/03)

(2003/C 112/80)

(Language of the case: French)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 4 March 2003 by Spyros Konidaris,
residing in Overijse (Belgium), represented by Albert Coolen,
Jean-Noël Louis and Étienne Marchal, lawyers.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 10 March 2003 by Ferriere Nord
S.p.A., represented by Wilma Viscardini, Gabriele Donà and
Elena Perricone, lawyers.

10.5.2003

EN

Official Journal of the European Union

C 112/43

The applicant claims that the Court should:

The applicant claims that the Court should:

— principally, annul pursuant to Article 230 EC the decision
of the Commission of the European Communities of
17 December 2002 C(2002) 5087 final, by which the
applicant was ordered to pay a fine of EUR 3 750 000,00
at the end of a proceeding pursuant to Article 65 of the
ECSC Treaty (Case COMP/37.956 — Round bar steel for
reinforced concrete);

— failing that, annul in part Decision C(2002) 5087 final,

with a consequential reduction of the fine,

— in any event, order the Commission of the European

Communities to pay the costs.

— annul the Commission Decision of 13 November 2002
in which it was decided not to raise any objections to
the Disposición Transitoria Primera (First Transitional
Provision) of Real Decreto Ley 6/2000 de Medidas
Urgentes de Intensificación de la Competencia en Merca-
dos de Bienes y Servicios (Royal Decree Law on Emer-
gency Measures to Promote Competition in Markets for
Goods and Services);

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

This action is directed against the same decision as that
challenged in Case T-27/03 (S.P. v Commission). The pleas in
law and main arguments are similar to those put forward in
that case. In addition to breach of rights of the defence, in that
the communication of the Commission’s complaints did not
take into consideration whether there was any effect on intra-
Community trade, the applicant alleges that the Commission
made an incorrect assessment of the length of its participation
in the agreement, decision or concerted practice, and of the
base prices, the prices of the ‘extra’ in terms of dimension and
the limitation of production and/or sales.

Action brought on 8 March 2003 by the Asociación de
Empresarios de Estaciones de Servicio de la Comunidad
Autónoma de Madrid and the Federación Catalana de
Estaciones de Servicio against the Commission of the
European Communities

(Case T-95/03)

(2003/C 112/81)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 8 March 2003 by the Asociación
de Empresarios de Estaciones de Servicio de la Comunidad
Autónoma de Madrid and the Federación Catalana de Estacion-
es de Servicio, both established in Madrid, represented by José
María Jiménez Laiglesia and Marta Delgado Echevarría.

The applicants in the present action, which represent almost
all the existing service stations in Spain, are challenging the
Commission’s failure to take action in respect of the exemption
of certain hypermarkets from the requirement to obtain
permission from the authorities to vary the planning restric-
tions on building and usage, an exemption introduced into
Spanish law by the First Transitional Provision of Royal Decree
Law No 6/2000 of 23 June on Emergency Measures to
Promote Competition in Markets for Goods and Services. The
stated objective of that exemption, which the applicants
consider amounts to aid, was to facilitate the establishment of
service stations on the premises of those hypermarkets, thereby
promoting increased competition in the market for the retail
supply of petroleum products in Spain.

The Decision at issue in this action confirms that the disputed
measure does not amount to State aid, since it does not entail
a transfer of State resources.

In support of their claims, the applicants submit:

— that the measure at issue increases the value of the
beneficiaries’ property is immediately and without their
providing consideration and entails an exceptional
reclassification of the land on which the hypermarkets are
located, abolishes the charges, costs and administrative
procedures which are necessary under normal circum-
stances if a service station is to be opened and also
entails the State’s surrender of its right to receive the
consideration in money or money’s worth which would
normally be applicable.

— Manifest error of assessment on the Commission’s part in
that it carried out an incomplete and incorrect analysis of
the national planning legislation, which vitiates the
Decision as regards the transfer of State resources and the
ensuing interpretation of Article 87(1) EC.