Case T-368/04: Action brought on 13 September 2004 by Luc Verheyden against the Commission of the European Communities
Date: 2004-12-04
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, indemnification, paid leave, personnel administration, regulations for civil servants

C 300/44

EN

Official Journal of the European Union

4.12.2004

Action brought on 1 September 2004 by the Republic of
Austria against the Commission of the European Commu-
nities

ecopoints regulation in conformity with primary law, or a regu-
lation which similarly secures the aim of the transit protocol.

(Case T-361/04)

(2004/C 300/86)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 1 September 2004 by the Republic
of Austria, represented by Ministerialrat H. Dossi, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision underlying the Commission's letter of 22
June 2004, whereby the Commission declined to submit
the draft of a successor regulation to the ecopoints regu-
lation or similar regulation for the safeguarding of
the
environment and public health on a lasting and environ-
mentally sound basis within the meaning of Protocol No 9
to the Act of Accession,
thereby finally rejecting the
Austrian Republic's call upon the Commission to act of 31
March 2004;

The applicant argues that Regulation (EC) No 2327/2003 (1),
adopted by the Council and the Parliament in the meantime,
does not meet the requirement that environmental and public
health protection be secured on a lasting and environmentally
sound basis within the meaning of the provisions of Protocol
No 9, and that the applicant has therefore challenged it in an
annulment action (2). That means that, at present, there is no
Community law protective regime in existence to comply with
the continuing binding primary law objectives of the Protocol,
and the Commission fails in its duty to act by not immediately
submitting a draft of a transitional regime pending the adop-
tion of the new transport costs directive.

therefore argues that

The applicant
the Commission's final
refusal of 22 June 2004 to act in accordance with that duty to
act should be annulled.

(1) Regulation (EC) No 2327/2003 of the European Parliament and of
the Council of 22 December 2003 establishing a transitional points
system applicable to heavy goods vehicles travelling through Austria
for 2004 within the framework of a sustainable transport policy (OJ
2003 L 345, p. 30).

(2) Case C-161/04 Republic of Austria v Council and Parliament (OJ

2004 C 106, p. 49)

— order the Commission to pay the costs.

Action brought on 13 September 2004 by Luc Verheyden
against the Commission of the European Communities

Pleas in law and main arguments

Protocol No 9 on road, rail and combined transport in Austria
to the Act concerning the conditions of accession of
the
Republic of Austria, the Republic of Finland and the Kingdom
of Sweden and the adjustments to the Treaties on which the
European Union is founded of 24 June 1994 contains special
provisions for the transit of heavy goods vehicles through
Austria for the protection of
the environment and human
health. According the the applicant, the aim of these provisions
is to reduce the total NOx-emissions of heavy goods vehicles in
transit through Austria […] in the period between 1 January
1992 and 31 December 2003 as shown by the table in Annex
4 by 60 %.
In accordance with the meaning and general
economy of that provision, total NOx-emissions were thus to
be reduced by 60 %.

The applicant argues that Article 11(4) of the Protocol speaks
of the sought-after 60 % reduction in the Nox-emissions of
heavy goods vehicles in transit being attained on a lasting and
environmentally sound basis, and that it therefore assumes that
that aim formulated in the Protocol continues to have effect
after the formal expiry of the transit system on 31 December
2003. In the submission of the Republic of Austria, the aims of
the Protocol continue to be binding, and there is therefore a
regulation to the
to adopt a successor
legal

requirement

(Case T-368/04)

(2004/C 300/87)

(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 13 September 2004 by Luc
represented by Eric
Verheyden,
Boigelot, avocat.

residing at Angera (Italy),

The applicant claims that the Court should:

— annul the decisions taken by the applicant's superior on 4
February 2004, 24 February 2004 and 27 February 2004;

— annul

the appointing authority's decision answering the
complaint (R/159/04) of 1 June 2004, received on 14 June
2004;

4.12.2004

EN

Official Journal of the European Union

C 300/45

— annul any decision which may be taken during the proceed-

ings;

language books, implemented by France between 1980 and
2001, as State aid within Article 87(1) EC;

— order the defendant to pay the compensation for 30 days
of annual leave not used up or paid, pursuant to the second
paragraph of Article 4 of Annex V to the Staff Regulations
of Officials, together with interest at 5.25 % from the date
of this action;

— order payment of damages for non-material damage and
detriment
to his career, assessed ex æquo et bono at €
12 500, subject to any increase or reduction during the
course of the proceedings;

— order the defendant to pay the costs.

Pleas in law and main arguments:

The applicant challenges the decision not to allow him to carry
over his days of leave to 2004. In support of his application,
he pleads infringement of Articles 24 and 57 of the Staff Regu-
lations, infringement of Article 4 of Annex V to the Staff Regu-
lations laying down the detailed rules for the granting of leave
and disregard of the principles of proper administration, equal
treatment and protection of
legitimate expectations, and a
manifest error of assessment.

Action brought on 15 September 2004 by Coopérative
d'Exportation du Livre Français against the Commission of
the European Communities

(Case T-372/04)

(2004/C 300/88)

(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 15 September 2004 by the
Coopérative d'Exportation du Livre Français, established in
Paris, represented by Olivier Schmitt, lawyer.

The applicant claims that the Court should:

— annul the decision of the Commission of the European
Communities No C (2004) 1361 final of 20 April 2004
concerning aid implemented by France in favour of
Coopérative d'Exportation du Livre Français (CELF) in so far
as the first sentence of Article 1 thereof categorises the aid
benefiting CELF for handling small orders of French-

— order the Commission of the European Communities to

pay EUR 5 000.00 in respect of costs.

Pleas in law and main arguments

The applicant's business is directly handling orders from abroad
for books, brochures and all communications media and, more
generally, carrying out any transactions for the purpose of
furthering the promotion of French culture throughout the
world. The applicant states that in carrying out that general-
interest activity, it has benefited from various subsidies paid by
the French State. The subsidy at issue in these proceedings is
an operating subsidy granted to the applicant for the purpose
of offsetting the extra costs involved in handling small orders
from booksellers abroad.

In support of its action, the applicant argues, first, that the
statement of reasons in the contested decision is inadequate.
Second, the applicant relies on infringements of Article 86(2)
EC and Article 87(1) EC.

The applicant submits that, as an undertaking operating a
service of general economic interest, it was made responsible
for performing clearly defined public-service obligations. Thus,
the sums paid by the State are excluded from the State aid at
which Article 87(1) EC is targeted.

Action brought on 17 September 2004 by Grandits GmbH
and five others against the Commission of the European
Communities

(Case T-375/04)

(2004/C 300/89)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 September 2004 by Grandits
GmbH, Kirchschlag (Austria), Scheuer-Fleisch GmbH, Unger-
dorf (Austria), Tauernfleisch Vertriebs-GmbH, Flattach (Austria),
Glanegg
Wech-Kärntner
(Austria), Wech-Geflügel GmbH, St. Andrä (Austria) and
Johann Zsifkovics, Vienna (Austria), represented by J. Hofer and
T. Humer, lawyers, with an address for service in Luxembourg.

Truthahnverarbeitung

GmbH,