Case T-135/03: Action brought on 18 April 2003 by Common Market Fertilizers (CMF) against the Commission of the European Communities
Date: 2003-07-05
Institutions: Court of First Instance
Subjects: CCT duties, European Commission, action for annulment (EU), chemical product, customs regulations, nitrogen

5.7.2003

EN

Official Journal of the European Union

C 158/25

Action brought on 18 April 2003 by Common Market
Fertilizers (CMF) against the Commission of the European
Communities

Action brought on 23 April 2003 by Ornella Mancini
against the Commission of the European Communities

(Case T-135/03)

(2003/C 158/45)

(Language of the case: French)

(Case T-137/03)

(2003/C 158/46)

(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 18 April 2003 by Common Market
Fertilizers, a company established in Brussels, represented by
Alastair Sutton and Nathalie Flandin, lawyers.

The applicant claims that the Court should:

— annul Commission Decision REM 03/02;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant is a wholesaler of chemical products and in
particular nitrogen solutions. It applied to the French customs
authorities, under Article 239 of Regulation (EC) No 2913/
92 (1), for remission of customs duties in accordance with
Article 3(1) of Regulation (EC) No 3319/94 (2). That appli-
cation was forwarded by the French authorities to the defend-
ant who, by its contested decision, refused remission.

In support of its action, the applicant relies on pleas in law
and arguments which are similar to those relied on by the
same applicant in Case T-134/03.

( 1) Council Regulation (EEC) No 2913/92 of 12 October 1992
(OJ L 302,

establishing the Community Customs Code
19.10.1992, p. 1).

( 2) Council Regulation (EC) No 3319/94 of 22 December 1994
imposing a definitive anti-dumping duty on imports of urea
ammonium nitrate solution originating in Bulgaria and Poland,
exported by companies not exempted from the duty, and col-
lecting definitively the provisional duty imposed (OJ L 350,
31.12.1994, p. 20).

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 April 2003 by Ornella Mancini,
residing in Brussels, represented by Eric Boigelot, avocat.

The applicant claims that the Court should:

— set aside the decision of the appointing authority of
28 June 2002 not to appoint the applicant to the post of
medical consultant to the ‘Brussels Medical Service’ Unit
of DG Admin B8;

— set aside the express decision of 23 January 2003
dismissing the complaint lodged by the applicant;

— set aside the appointment of another candidate to the
post of medical consultant, which involved inter alia
rejection of the applicant’s candidature for the vacant
post;

— order the defendant to pay to the applicant the sum of
EUR 15 000 assessed ex æquo et bono as compensation
for non-material damage and the adverse effect on the
applicant’s career;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, who is a medical doctor, is an official working
in the Commission’s medical service. In response to a notice
of vacancy, she submitted her application for a post of medical
consultant. The appointing authority did not select her and
another candidate was appointed to that post.

The applicant takes the view that the appointing authority has
breached Articles 14, 29(1)(a) and 45(1) of the Staff Regu-
lations and has infringed the principles of legality, equal
treatment of applicants, entitlement to pursue a career, equal
opportunity, and equality as between men and women. In
support of her claims, the applicant submits further that the
appointing authority acted improperly during the appointment
procedure and was guilty of a misuse of powers.