Case T-416/03: Action brought on 19 December 2003 by Angel Angelidis against the European Parliament
Date: 2004-03-06
Institutions: Court of First Instance
Subjects: European Parliament, action for annulment (EU), staff assessment

6.3.2004

EN

Official Journal of the European Union

C 59/25

The applicant submits that the Council failed to determine the
normal value in an appropriate and not unreasonable manner
within the meaning of Article 2(5) of Regulation (EC) No 384/
96 (1), as modified, and in conformity with its duty of due care.
The Commission, who initiated an anti-dumping procedure
under Article 5 of the Regulation, should not have ignored the
anti-dumping rule according to which costs of by-products
should not be taken into account, but instead should be
deducted, in the normal value determination, in order to meet
the need for a normal value determined in an appropriate and
not unreasonable manner. According to the applicant, the
Commission was aware of the difference between the costs of
production related to the production of para-cresol, on the
one hand, and the costs of production related specifically to
the by-products (sodium sulfite and mixed phenol), on the
other hand. By extending the scope of the investigation to the
two by-products and by taking into account the by-products
in the normal value determination, the Commission violated
the duty of due diligence.

Furthermore, the applicant claims that the Council failed to
respect the duty of good administration and that it violated
Article 2 of Regulation (EC) No 384/96 by failing to calculate
a normal value for the like product only.

(1) Council Regulation (EC) No 384/96 of 22.12.1995 on protection
against dumped imports from countries not members of the
European Community (OJ L 56 of 6.3.1996, p. 1).

Action brought on 19 December 2003 by Angel Angelidis
against the European Parliament

(Case T-416/03)

(2004/C 59/41)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities
on 19 December 2003 by Angel Angelidis, resident
in
Luxembourg, represented by Eric Boigelot, lawyer.

The applicant claims that the Court should:

— annul

the decision of

the
European Parliament taken on 4 March 2003 definitively
adopting the applicant’s staff report for 2001;

the Secretary General of

— annul that staff report for 2001;

— annul

the implied decision to reject

the applicant’s
complaint submitted on 27 May 2003 in accordance
with Article 90(2) of the Staff Regulations and seeking
the annulment of the contested decision;

— order the defendant to pay to the applicant the sum of
EUR 20 000 assessed on an equitable basis, subject to
increase or decrease in the course of the proceedings, in
respect of damages for non-material harm and harm to
his career, on the basis both of substantial irregularities
and of significant delay in the writing of the 2001 report
in a particularly distressing period for the applicant;

— order the defendant to pay the costs in accordance with
Article 87(2) of the Rules of Procedure of the Court of
First Instance.

Pleas in law and main arguments

The applicant claims, firstly, a breach of Articles 26 and 43 of
the Staff Regulations, of the general provisions for giving effect
to Article 43 as adopted by the Bureau of the European
Parliament on 8 March 1999 and of the instructions relating
to the procedure for the writing of staff reports.

He also pleads misuse of powers and infringement of general
principles of law, such as respect for the rights of the defence,
the principle of good administration, the principle of the
protection of legitimate expectations and the duty to have
regard for the welfare of officials, the principle of equal
treatment and those general principles requiring the AIPN to
take a decision only on the basis of legally permissible grounds,
namely those which are pertinent and not tainted by a manifest
error of assessment, fact or law.

Action brought on 22 December 2003 by Fédération
Internationale des Maisons de l’Europe (FIME) against the
Commission of the European Communities

(Case T-417/03)

(2004/C 59/42)

(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 22 December 2003 by Fédération
Internationale des Maisons de l’Europe, established in Saar-
brücken (Germany), represented by Pierre Soler-Couteaux,
lawyer.