Case T-157/03: Action brought on 30 April 2003 by Michael Cwik against the Commission of the European Communities
Date: 2003-08-02
Institutions: Court of First Instance
Subjects: European Commission, European official, abuse of power, action for annulment (EU), job satisfaction, staff assessment

2.8.2003

EN

Official Journal of the European Union

C 184/37

Pleas in law and main arguments

The applicant claims that the Court should:

The applicants in the present case seek the annulment of the
Commission's Decision approving the grant by the United
in the form of ‘rescue aid’, to British
Kingdom of State aid,
Energy plc (BE), a generator of electricity in the United
Kingdom. The main source of its electricity is nuclear power.

The applicants contend that the contested Decision is unlawful
in as much as it
failed adequately or properly to assess
whether the aid was warranted by serious social difficulties,
and whether the amount of aid was restricted to the minimum
necessary, both in accordane with point 23(e) of the Guidelines
on State aid for Rescuing and Restructureting firms in diffi-
culty (1).

in the absence of

In particular, the applicants submit that the defendant institu-
the aid in
tion wrongly concluded that,
question, BE would be insolvent and would most certainly
have to cease operations, without considering whether puttig
BE into administration would have been an appropriate rescue
option entailing the grant of
the possibility
involving the closure of only one or several of its plants as
opposed to all of them.

less aid, nor

Moreover,
the applicants dissagree with the Commision's
conclusion that nuclear plants cannot be mothballed and that
BE's plants could not be closed without giving rise to serious
concerns over nuclear safety.

that

submit

the applicants

the Commission have
Finally,
wrongly concluded that the closure of BE's plants led to a
loss of 20 % of UK electricity generating capacity such as to
threaten security of supply and, in any event, failed to consider
the reduced impact on generating capacity of closing only one
or several of BE's plants.

(1) OJ 1999 No C 288, p. 2.

Action brought on 30 April 2003 by Michael Cwik against
the Commission of the European Communities

(Case T-157/03)

(2003/C 184/84)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 30 April 2003 by Michael Cwik,
residing at Tervuren, Belgium, represented by N. Lhoëst, lawyer,
with an address for service in Luxembourg.

— annul the Secretary-General's decision of 13 June 2002
which confirms, without amendment, the applicant's staff
report for the period from 1 July 1997 to 30 June 1999;

— annul

the Commission's decision of 13 January 2003
lodged by the applicant on

rejecting the complaint
13 September 2002;

— order the defendant to pay damages of EUR 10 000;

— order the defendant to pay the full costs of the proceed-

ings.

Pleas in law and main arguments

The applicant is an official in DG II of the European Commis-
sion. With a delay of almost two years, the appellant was the
subject of a staff report for the period 1997 to 1999. That
report was confirmed by the appeal assessor.

The applicant claims that the Commission made a manifest
error of assessment and misused its powers in drawing up that
report. In support of his claims, the applicant also maintains
that the Commission failed to comply with Article 43 of the
Staff Regulations, thus giving rise to procedural defects. Finally,
failed to comply with its obligation to state
the defendant
reasons.

Action brought on 4 May 2003 by Scania AB against the
Commission of the European Communities

(Case T-163/03)

(2003/C 184/85)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 4 May 2003 by Scania AB, Söder-
tälje, Sweden, represented by Mr S. Pappas, lawyer.

The applicant claims that the Court should:

— annul the Decision of 4 Mars 2003 of the Merger Task

Force of the European Commission.

— annul the Decision of 16 April 2003 of the Merger Task

Force of the European Commission.

— annul the Decision of 24 April 2003 of the Merger Task

Force of the European Commission.

— annul

the refusal of

the Commission to review the
arrangement of
the shareholding of
Volvo in Scania and enforce an immediate divestiture as
requested during the meeting of the 20th February 2003
and put on in the letter of the 21st February 2003.

the divestiture of