Case C-160/03: Action brought on 8 April 2003 by Kingdom of Spain against Eurojust
Date: 2003-06-21
Institutions: Court of Justice
Subjects: Eurojust, European Commission, European official, Spain, action for annulment (EU), candidate, linguistic discrimination, recruitment

C 146/30

EN

Official Journal of the European Union

21.6.2003

The Court of First Instance’s assessment in the contested
judgment relates exclusively to the Commission decision
of 1996, although this decision is manifestly not the
instrument contested at first instance.

It is clear that Article 12 of Directive 75/319, on which
the 1996 decision is based, and which is examined by the
Court of First Instance, is not the legal basis for the 2000
decision.

Moreover, Article 12 is essentially assessed by way of a
comparison with Article 10(2) of Directive 75/319,
although the latter does not form the legal basis for the
2000 decision either, or of the 1996 decision, examined
by the Court of First Instance.

Thus, the Court of First Instance’s conclusion that the
the 2000
Commission was not competent to adopt
decision is based on an assessment relating to a decision
which was not contested at first instance and is founded
essentially on provisions, namely Articles 10 and 12 of
Directive 75/319, which do not form the legal basis for
the 2000 decision. In the appellant’s view, this assessment
constitutes in itself a failure to define the status of
Article 15a(1) of Directive 75/319 and thus a failure to
take account of it.

In the appellant’s view, the two errors described above
are fundamental and linked to the extent that they vitiate
the entire legal assessment leading the Court of First
Instance to deduce that the Commission was not com-
petent to adopt the 2000 decision.

Lastly, and solely in the alternative, the appellant main-
tains that the Court of First Instance’s reasoning to the
effect that Article 15a of Directive 75/319 does not cover
marketing authorisations harmonised by way of the
purely consultative procedure within the meaning of
Articles 12 and 13 of the directive also constitutes a
misinterpretation of that article.

( 1) OJ C 247, 26.8.2000, p. 29.
( 2) Second Council Directive 75/319/EEC of 20 May 1975 on the
approximation of provisions laid down by Law, Regulation or
Administrative Action relating to proprietary medicinal products
(OJ L 147, 9.6.1975, p. 13).

Action brought on 8 April 2003 by Kingdom of Spain
against Eurojust

(Case C-160/03)

(2003/C 146/50)

The applicant claims that the Court should:

1.

annul, in the following calls for applications:

— call

for applications for the position of Data-
protection officer. Ref.: 03/EJ/07 (2003/C 34 A/01)
OJ C 34 A of 13.2.2003;

— call for applications for the position of Legal officer.
Ref.: 03/EJ/11 (2003/C 34 A/05) OJ C 34 A of
13.2.2003;

— call for applications for the position of Press officer.
Ref.: 03/EJ/13 (2003/C 34 A/07) OJ C 34 A of
13.2.2003;

— call for applications for the position of Secretary to
the General Administration. Ref.: 03/EJ/14 (2003/
C 34 A/08) OJ C 34 A of 13.2.2003;

— call for applications for the position of Librarian/
Archivist. Ref.: 03/EJ/12 (2003/C 34 A/06) OJ C 34
A of 13.2.2003;

— call for applications for the position of Accounting
officer. Ref.: 03/EJ/08 (2003/C 34 A/02) OJ C 34 A
of 13.2.2003;

— call for applications for the position of IT-informat-
ics expert (webmaster) of the European judicial
network. Ref.: 03/EJ/09 (2003/C 34 A/03) OJ C 34 A
of 13.2.2003,

the paragraph referring to the documents to be submitted
in English by applicants submitting their application in
another language; and the paragraphs relating to the
linguistic knowledge required of candidates, from each of
the calls for applications set out below:

— in the call for applications for the position of Data-
protection officer, as condition No 17:
‘Excellent
knowledge of English and French. Ability to work in
other European Union languages would be an asset’.

— in the call for applications for the position of Law
officer, as condition No 19: ‘Excellent knowledge of
English and French. Ability to work in other Euro-
pean Union languages would be an asset’.

An action against Eurojust was brought before the Court of
Justice of the European Communities on 8 April 2003 by the
Kingdom of Spain, represented by L. Fraguas Gadea, with an
address for service in Luxembourg.

— in the call for applications for the position of Press
officer, as condition No 12: ‘Ability to speak at least
English and French. Knowledge of other official
European Union languages would be an asset’.

21.6.2003

EN

Official Journal of the European Union

C 146/31

— in the call for applications for the position of
Secretary to the General Administration, as con-
dition No 9: ‘Thorough knowledge of English and
French would be an asset, as well as a satisfactory
knowledge of other Community languages’.

— in the call for applications for the position of IT-
informatics expert (webmaster) of the European
judicial network, as condition No 6: ‘Good know-
ledge of English is essential; in particular, the ability
to speak at least two additional official European
Community languages, including French, would be
an asset’.

2.

order the defendant body to pay the costs.

Pleas in law and main arguments

Action brought on 9 April 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-164/03)

(2003/C 146/51)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 9 April
2003 by the Commission of the European Communities,
represented by Dr Ulrich Wölker, Commission Legal Adviser,
and Florence Simonetti, a national civil servant available to the
Commission Legal Service under an exchange scheme, with an
address for service in Luxembourg.

— Breach of the Staff Regulations and of the Conditions
the European

of Employment of Other Servants of
Communities

The Commission claims that the Court should:

According to Article 30 of Council Decision 2002/
187/JHA of 28 February 2002 establishing Eurojust to
strengthen the fight against serious forms of crime (1),
Eurojust staff are to be subject to the rules and regulations
applicable to the officials and other servants of the
European Communities.

Under Article 12 of the Conditions of Employment,
candidates are only required to have a thorough know-
ledge of one language and a satisfactory knowledge of
another.

1.

declare that, by failing to adopt, or to communicate to
the Commission, the laws, regulations and administrative
provisions necessary in order to implement Council
Directive 97/11/EC of 3 March 1997 amending Directive
85/337/EEC on the assessment of the effects of certain
public and private projects on the environment (1) in the
provinces of Burgenland and Salzburg, the Republic of
its obligations under that
Austria has failed to fulfil
directive;

2.

order the Republic of Austria to pay the costs.

— Breach of the linguistic rules of Eurojust

Article 31 of Council Decision 2002/187/JHA provides
that the official linguistic arrangements of the Union are
to apply to Eurojust proceedings. No provision of the
decision expressly states that the working languages of
Eurojust are to be English and French.

— Breach of the principle of non-discrimination

the documents to be
The requirement that part of
submitted should be drawn up in English and, most of
all, the requirement of excellent knowledge of English
and French amounts to clear discrimination grounds of
nationality, prohibited by Article 12 EC.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 EC,
which provides that a directive is binding as to the result to be
achieved upon each Member State, the Member States are
obliged to comply with the time-limit for implementation laid
down in directives. The period for implementation laid down
in Article 3(1) of Directive 97/11/EC expired on 14 March
1999 without the Republic of Austria having adopted the
necessary provisions for the provinces of Burgenland and
Salzburg.

( 1) OJ 2002 L 63, p. 1.

(1) OJ L 73, 14.3.1997, p. 5.