Case T-216/03: Action brought on 10 June 2003 by Mário Paulo Tenreiro against Commission of the European Communities
Date: 2003-08-23
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, promotion, regulations for civil servants

C 200/30

EN

Official Journal of the European Union

23.8.2003

Decision of the Opposition
Division:

services

the opposition
Acceptance of
for
falling within
class 42, rejection of the oppo-
sition for products falling with-
in classes 9 and 35

Decision of
Appeal:

the Board of

Action upheld, contested deci-
sion annulled

principle of non-discrimination. The applicant points out that
the defendant did not conduct an examination of the compara-
tive merits of the applicant with those of the officials of all the
Directorates-General eligible for promotion, but limited itself to
the ‘quota’ which had been allocated to the applicant's Direc-
torate-General, gave an advantage to officials considered as
reserve candidates from the previous year's promotion proce-
dure and did not take account of applicant's transfer, during
the reference period, from one Directorate-General to another.

Pleas in law:

Infringement of Article 8(5) of
(EC) Regulation No 40/94 and,
in the alternative,
infringement
of Article 8(1)(b) of the regula-
tion

Action brought on 10 June 2003 by Mário Paulo Tenreiro
against Commission of the European Communities

(Case T-216/03)

(2003/C 200/54)

(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 10 June 2003 by Mário Paulo
Tenreiro,
represented by
Georges Vandersanden, lawyer.

residing in Kraainem (Belgium),

Action brought on 19 June 2003 by Fédération Nationale
de la Coopération Bétail et Viande (FNCBV) against the
Commission of the European Communities

(Case T-217/03)

(2003/C 200/55)

(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 19 June 2003 by the Fédération
Nationale de la Coopération Bétail et Viande, (National Coop-
erative Association for Livestock and Meat) established in Paris,
represented by Robert Collin and Michel Ponsard, lawyers, with
an address for service in Luxembourg.

The applicant claims that the Court should:

— annul Decision C.38.179/F3 of 2 April 2003 in so far as

The applicant claims that the Court should:

it affects the applicant;

— annul the decision not to promote the applicant in the
from the
2002 promotion procedure, as
absence of
the applicant's name in the list of officials
promoted to grade A4 published in the Administrative
Notice of 14 August 2002 (No 69-2002);

it appears

— declare that the applicant is entitled to the actual promo-
tion which should have been granted him in the 2002
promotion procedure, with retrospective effect and full
restoration of his financial and career rights;

— alternatively quash the fine imposed by that decision;

— in the further alternative reduce it;

— order the defendant to pay all the costs.

— order the Commission to pay all the costs.

Pleas in law and main arguments

Pleas in law and main arguments

In support of his action the applicant pleads infringement of
the
Article 45(1) of

the Staff Regulations and breach of

the Commission imposed on the
By its contested decision,
applicant and five other French associations of producers and
slaughterers
fine based on alleged infringements of
Article 81(1) of the EC Treaty, in respect of an agreement to
suspend beef imports to France and to fix a minimum price
for certain categories of animals.

a