Case T-367/03: Action brought on 2 December 2003 by Yedas Tarim ve Otomotiv Sanayi ve Ticaret A.S. against the Council of the European Union and the Commission of the European Communities
Date: 2004-03-06
Institutions: Court of First Instance
Subjects: Council of the European Union, European Commission, Türkiye, action for annulment (EU), association agreement (EU), competition, motor vehicle industry

C 59/22

EN

Official Journal of the European Union

6.3.2004

COURT OF FIRST INSTANCE

Action brought on 2 December 2003 by Yedas Tarim ve
Otomotiv Sanayi ve Ticaret A.S. against the Council of
the European Union and the Commission of the European
Communities

(Case T-367/03)

(2004/C 59/36)

(Language of the case: English)

An action against the Council of the European Union and the
Commission of
the European Communities was brought
before the Court of First Instance of the European Communities
on 2 December 2003 by Yedas Tarim ve Otomotiv Sanayi ve
(Turkey), represented by R. Sinner,
Ticaret A.S.,
lawyer, with an address for service in Luxembourg.

Istanbul,

The applicant claims that the Court should:

— grant compensation to the applicant for the loss incurred
due to the Customs Union procedures generally, which
arose from the Ankara Agreement, the Additional Proto-
col and its appendices, and especially the Common
Council Decision No 1/95 of the European Community.

Pleas in law and main arguments

The applicant is a small and medium sized enterprise, active in
the automotive industry. The applicant claims to have suffered
a loss caused by the customs union between the European
Union and Turkey (1), established in 1996. According to the
applicant, the European Union has not fulfilled all of its
obligations arising from the customs union and the Ankara
Agreement (2).

The applicant claims that Turkey would be given loans and
donations from the Community’s program for Mediterranean
countries and from the European Union’s budget resources in
order to eliminate the negative effects of the customs union
on Turkey’s economy. According to the applicant, the assist-
ance given was inadequate. The applicant, as a small and
medium company, claims to have suffered losses due to the

lack of sufficient financial aid and therefore a disadvantage in
terms of fair competition with other companies in the field.

(1) Decision No 1/95 of the EC-Turkey Association Council of
22 December 1995 on implementing the final phase of the
Customs Union (OJ L 35 of 13 February 1996, p. 1).

(2) Agreement establishing an Association between the European
Economic Community and Turkey (OJ P 217 of 29 December
1964, p. 3687) (No English text available).

Action brought on 10 December 2003 by Sophie van
Weyenbergh against the Commission of the European
Communities

(Case T-395/03)

(2004/C 59/37)

(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 10 December 2003 by Sophie van
Weyenbergh, resident in Tervuren (Belgium), represented by
Carlos Mourato, lawyer.

The applicant claims that the Court should:

— annul the decision of the selection board of Competition
COM/TB/99 not to include the applicant in the list of
suitable candidates;

— order the defendant to pay to the applicant the sum of
EUR 72 924,00, subject to modification in the course of
the proceedings, in respect of damages for material and
non-material loss;

— order the defendant to pay the costs of the case.

Pleas in law and main arguments

Following the judgment of the Court of First Instance of
13 March 2002 in Joined Cases T-357/00, T-361/00, T-363/
00 and T-364/00 (1) annulling the decision of the selection
board to reject the applicant’s candidature for internal Compe-
tition COM/TB/99 for the constitution of a reserve list of
administrative assistants in career bracket B4/B5, the applicant
was called to a new oral test. She objects to the failure to
include her name on the list of suitable candidates in this
competition.