Case T-313/03: Action brought on 11 September 2003 by Annelies Keyman against the Commission of the European Communities
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), staff assessment

15.11.2003

EN

Official Journal of the European Union

C 275/49

The applicant claims that there was a procedural defect in the
adoption of the directive. The version of the directive adopted
by the Council differs on several points from the version
adopted by the European Parliament. That constitutes a breach
of Article 251 EC. Furthermore, it submits that Article 95 EC
does not constitute a sufficient legal basis. Despite its apparent
limitation to cross-border sponsorship, Article 5(1) entails a
general prohibition on sponsoring for tobacco products.
However, according to the judgment of the Court of Justice in
Case C-376/98 (1) Article 95 EC does not justify a general ban
on sponsoring.

The applicant argues further that the selection of Article 95 EC
as the legal basis allowed the prohibition on harmonisation in
Article 152(4) to be circumvented. The applicant also claims
that the vague wording of the sponsorship ban breaches the
requirement of clarity which is the expression of the principle
of legal certainty fundamental to Community law.

Finally, the applicant points out that Article 5(1) of the
directive is a disproportionate measure,
in view both of
the purported internal market objectives of the Community
legislature and of the health protection aims actually pursued
and thus breaches a founding principle of the European Union.
Moreover, the ban infringes the fundamental property rights
of the applicant.

(1) Case C-376/98 Germany v Parliament and Council [2000] ECR

I-8419.

Action brought on 11 September 2003 by Annelies
Keyman against the Commission of the European Com-
munities

(Case T-313/03)

(2003/C 275/82)

(Language of the case: French)

The applicant claims that the Court should:

— Annul the decisions of 11 December 2002 and 11 June
2003 approving the applicant’s staff report for 1999-
2001;

Instance,

— Order the defendant to pay the costs of the proceedings,
pursuant to Article 87(2) of the Rules of Procedure of the
Court of First
together with the expenses
necessarily incurred for the purpose of the proceedings
and, in particular, the expenses relating to the address
for service,
travel and subsistence expenses and the
remuneration of lawyers, pursuant to Article 91(b) of
those rules.

Pleas in law and main arguments

In support of her application the applicant alleges breach of
Article 43 of the Staff Regulations and a manifest error of
assessment. The applicant further alleges abuse of power.

Action brought on 15 September 2003 by Société Musée
Grévin against the Commission of the European Com-
munities

(Case T-314/03)

(2003/C 275/83)

(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 15 September 2003 by Société
Musée Grévin, having its registered office in Paris, represented
by Bernard Geneste and Olivia Davidson, avocats.

The applicant claims that the Court should:

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 11 September 2003 by Annelies
Keyman, residing in Overijse (Belgium), represented by Carlos
Mourato, avocat.

— annul the Commission’s decision of 8 July 2003 requiring
Société Musée Grévin to reimburse the amounts allegedly
overpaid to it;

— order the Commission to pay all of the costs.