Case T-138/04: Action brought on 7 April 2004 by Cementir Cementerie del Tirreno spa against the Commission of the European Communities
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), cement, fine, inter-company cooperation, interest, restriction on competition

30.4.2004

EN

Official Journal of the European Union

C 118/51

— annul the reporting year 2001-2002 in regard to the appli-

cant;

— in the alternative, annul his career development report
(CDR) for the period 1 July 2001 to 21 December 2002;

— make a ruling as to costs and fees and order the Commis-

sion to pay them.

— did not reconstitute the career in terms of the appli-
cant's grade by bringing forward the date of his promo-
tion to Grade B3 and granting him, if it so be, promo-
tion to Grade B2;

— limited the date of effect of the reclassification decision
in regard to its pecuniary effects to 5 October 1995;

Pleas in law and main arguments:

— annul

the decision of

the appointing authority of 11
December 2003, served on the applicant on 16 December
2003, rejecting his complaint R/4/73/03;

The applicant requests annulment of the reporting year 2001-
2002 in his regard and challenges the AIPN's refusal to allow
file to be completed by
his application for his individual
drawing up his missing staff reports.
In the alternative, he
requests the annulment of his career development report for
the period 1 July 2001 to 31 December 2002.

— order the defendant to pay compensation provisionally set
in the amount of EUR 125 000 per annum in the event
that, owing to impossibility, it is unable to reconstitute the
applicant's career in terms of his grade;

— order the defendant to pay all the costs.

In support of his application he argues:

— infringement of Articles 26 and 43 of the Staff Regulations

and of the General Implementing Provisions;

— infringement of the Evaluation Guide and the specific guide

for staff assessment for 2001-2002:

— infringement of the principle of non-discrimination;

— infringement of the principle of the protection of legitimate
the rule ‘patere legem quam ipse

expectations and of
fecisti’;

— infringement of the duty to have regard to the welfare of

staff.

Action brought on 26 March 2004 by Luc Jacobs against
the Commission of the European Communities

(Case T-131/04)

(2004/C 118/110)

(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 26 March 2004 by Luc Jacobs, resi-
dent in Brussels, represented by Nicolas Lhoëst, lawyer, with an
address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

— annul the decision of the appointing authority of 14 April

2003 inasmuch as it:

Pleas and main arguments

The applicant in these proceedings who, on his recruitment in
January 1991, was classified in Grade B5, step 3, challenges the
decision of the appointing authority classifying him, on revi-
sion, in Grade B4, step 2, and not in Grade B4, step 3, refusing
to reconstitute his career and limiting the date of effect of the
decision on his reclassification to 5 October 1995.

The pleas raised are identical to those in Case T-125/04 Rous-
seaux v Commisison

Action brought on 7 April 2004 by Cementir Cementerie
del Tirreno spa against the Commission of the European
Communities

(Case T-138/04)

(2004/C 118/111)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 7 April 2004 by Cementir Cement-
erie del Tirreno spa, represented by Denis Fosselard and Piero
Fattori, lawyers.

The applicant claims that the Court should:

— annul the decision contained in the letter of 28 January
2004 inasmuch as it sets the default interest on the fine the
sum of EUR
is
applicant
4 770 949,89

required to pay at

the

— did not classify the applicant in Grade B4, step 3, at the

time of his recruitment;

— order the Commission to pay the costs.

C 118/52

EN

Official Journal of the European Union

30.4.2004

Pleas in law and main arguments:

Removal from the Register of Case T-253/99 (1)

In the contested decision, the Commission applied a fixed rate
interest owed on the
of 7.25 % to determine the default
amount of the fine imposed on Cementir by Commission Deci-
sion 94/815/EC of 30 November 1994, as amended by the
Court of First Instance in Case T-87/95 of 15 March 2000, and
subsequently upheld by the Court of Justice of the European
Communities in Case C-219/00 P of 7 January 2004.

The applicant contests the decision and bases its action on two
grounds.

In the first ground, it pleads infringement of the general princi-
ples of Community law and in particular of the right to effec-
tive judicial protection, since the application of a fixed rate of
7.25 % for a period of nine years has produced an excessive
and particularly onerous amount of interest. According to the
applicant, the use of a fixed rate, calculated on the basis of the
market situation in 1995, proves completely unreasonable
when applied to an extremely long time period such as more
than nine years. Further, in the period in question market rates
have fallen considerably and that has brought about a situation
in which Cementir's right
to judicial protection has been
subject to particularly onerous conditions.

In its second ground, the applicant asks the Court to annul the
decision contained in the letter of 28 January 2004 on account
of infringement of the principle of proportionality enshrined in
Article 5 (ex Article 3b) of the EC Treaty. Cementir considers
that the application of a variable rate of interest (increased by a
reasonable spread) would be as effective in attaining the objec-
tives pursued by the Commission, without imposing unjustified
restrictions on the right to full judicial protection.

(2004/C 118/113)

Language of the Case: Dutch

By order of 23 March 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-253/99, Oliehandel Van den Belt B.V.
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(1) OJ C 6 of 8.1.2000.

Removal from the Register of Case T-320/99 (1)

(2004/C 118/114)

(Language of the case: Dutch)

By order of 23 March 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-320/99, W.R. Milder supported by the
Kingdom of the Netherlands v Commission of the European
Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the Register of Case T-248/99 (1)

(2004/C 118/112)

Removal from the Register of Case T-246/01 R (1)

(Language of the case: Dutch)

By order of 23 March 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-248/99, Autobedrijf Diepenmaat V.O.F
supported by the Kingdom of the Netherlands v Commission
of the European Communities.

(2004/C 118/115)

Language of the case: English

By order of 24 March 2004, the President of the Court of First
the European Communities has ordered the
Instance of
removal from the Register of Case T-246/01 R, GrafTech Inter-
national Ltd v Commission of the European Communities.

(1) OJ C 6 of 8.1.2000.

(1) OJ C 17 of 19.1.2002.