Case T-185/05: Action brought on 3 May 2005 by the Italian Republic against Commission of the European Communities
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, European official, Italy, action for annulment (EU), equal treatment, job vacancy, linguistic discrimination, regulations for civil servants, use of languages

C 155/32

EN

Official Journal of the European Union

25.6.2005

The applicant claims that the Court should:

1. annul

the contested decision, and particularly Article 1
thereof, in so far as it authorises the aid granted to Adriatica
(as it then was, now called Tirrenia di Navigazione S.p.A) in
respect of the Genoa (Voltri) to Palermo (Termini Imprese)
route;

2. order repayment of the aid unlawfully received by Adriatica
(and, as from 26 July 2004, by Tirrenia di Navigazione
S.p.A.) in respect of the transport services rendered on the
Genoa (Voltri) to Palermo (Termini Imprese) route;

3. order the Commission to pay the costs.

— declares that the Voltri/Termini Imprese route, served by
Adriatica in competition with other private undertakings,
can be subsidised in that ‘…these operators' supply cannot
be regarded as comparable to Adriatica's in terms of regu-
larity, frequency and type of ship stipulated by the Italian
authorities in the public service agreement’ (paragraph 103
of the decision).

In short, the applicant alleges a failure to state reasons and/or
inconsistency in the statement of
the
contested decision and an infringement of Regulation No
3577/92 (2).

reasons given for

(1) Commission Decision 2005/163/EC of 16 March 2004 on the State
aid paid by Italy to the Adriatica, Caremar, Siremar, Saremar and
Toremar shipping companies (Tirrenia Group) (notified under docu-
ment number C(2004) 470) (OJ 2005 L 53, p. 29).

(2) Council Regulation (EEC) No 3577/92 of 7 December 1992
applying the principle of freedom to provide services to maritime
transport within Member States (maritime cabotage) (OJ 1992 L
364, p. 7).

Pleas in law and main arguments

The present proceedings have been instituted against the deci-
sion of the Commission in respect of the State aid paid by Italy
to the Adriatica, Caremar, Siremar, Saremar and Toremar ship-
ping companies (Tirrenia Group) (1) and particularly Article 1
thereof, which provides that ‘without prejudice to the provisions of
paragraph 2, the aid granted by Italy to Adriatica as of 1 January
1992 as compensation for providing a public service is compatible
with the common market having regard to Article 86(2) of
the
Treaty’.

the

decision

between

contested

In support of its claims, the applicant points to the inconsis-
tency
and Decision
2001/851/EC of 21 June 2001 on the aid paid by Italy to
Tirrenia di Navigazione S.p.A. In that decision, the defendant
took account of the obligation undertaken by the Italian autho-
rities to eliminate the services provided by Tirrenia on the
Genoa (Voltri) to Palermo (Termini Imprese) route, for a further
five-year period, with the effect that that route was no longer
taken into account
in calculating the compensation for
providing a public service. It is also stated in that decision that
on the route in question the services provided by the private
operator satisfy the requirements of public service laid down by
the agreements entered into with the State, in terms of their
capacity and frequency.

Action brought on 3 May 2005 by the Italian Republic
against Commission of the European Communities

(Case T-185/05)

(2005/C 155/60)

(Language of the case: Italian)

An action was brought before the Court of First Instance of the
European Communities on 3 May 2005 by the Italian Republic,
represented by Maurizio Fiorilli, Avvocato dello Stato.

In the contested decision, by contrast, the Commission:

The applicant claims that the Court of First Instance should:

— adopts no measure against the Italian authorities for failing
to comply with the obligation formally undertaken in the
presence of the defendant to eliminate the service on the
route;

— annul the DG ADMIN decision on the use of languages
(publications under Article 29(2) — EUR-25 posts) adopted
at the 1678th Administrative and Budget Meeting of 10
November 2004;

25.6.2005

EN

Official Journal of the European Union

C 155/33

— annul

the

competition notice

‘Directorate-General
OLAF, Publication of a vacancy for a Director-General
(Article 29(2) of the Staff Regulations)
(grade A*15-16)
(COM/2005/335)’, published in the Official
Journal of the
European Union of 9 February 2005, series C. 34 A, p.3.

for

Pleas and principal arguments adduced in support

The present action is directed against:

— the DG ADMIN decision on the use of languages (publica-
tions under Article 29(2) — EUR-25 posts) adopted at the
1678th Administrative and Budget Meeting of 10 November
2004,
in so far as it provides that vacancy notices for
senior posts reserved for external candidates are to be
published in the Official Journal of the European Union only
in German, English and French;

— the competition notice for

‘Directorate-General OLAF,
(grade
Publication of a vacancy for a Director-General
A*15-16)
(COM/
(Article 29(2) of the Staff Regulations)
2005/335)’, published in the Official Journal of the European
Union of 9 February 2005, series C. 34A, p.3. That notice
was not published in Italian.

In support of its submissions, the applicant claims that:

(1) the contested measures call in question an essential prin-
ciple of Community law which falls to be upheld, primarily,
by the Member States. It is clear from Article 290 EC that
the Community institutions are to exercise their powers in
linguistic diversity.
compliance with the requirement of
Observance of the requirement of linguistic diversity is one
of the essential aspects of the protection afforded to the
national
identity of the Member States, as is clear from
Articles 12 and 148 EC and 6(3) EU. Article 12 EC, in par-
ticular, upholds, in accordance with Community case-law, a
general principle of Community law as a specific expres-
sion of the general principle of equality. That principle
ranks as a fundamental principle of Community law;

(2) the fact of limiting to only three languages the publication
of competition notices for access to posts in the Commis-
sion, which until 2004 had been published in all the ‘offi-
cial languages’ of the Community, constitutes an infringe-
ment not only of Regulation (EEC) No 1/1958 but also of
the last paragraph of Article 18 of the Commission's Rules
of Procedure, and of Articles 1d and 27 of the Staff Regula-
tions of Officials, of the principle of non-discrimination on
grounds of nationality and of the principle of the protec-
tion of linguistic diversity.

Removal from the Register of Case T-237/99 (1)

(2005/C 155/61)

(Language of the case: Dutch)

the President of

By order of 11 April 2005,
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-237/99, Nederland V.O.F., BP Direct
V.O.F. and Actomat B.V., supported by the Kingdom of the
Netherlands v Commission of the European Communities.

(1) OJ C 20 of 22.01.2000.

Removal from the Register of Case T-163/02 (1)

(2005/C 155/62)

(Language of the case: German)

By order of 26 April 2005, the President of the Fifth Chamber
of the Court of First Instance of the European Communities has
ordered the removal
from the Register of Case T-163/02,
Montan Gesellschaft Voss mbH Stahlhandel and Others v
Commission of the European Communities.

(1) OJ C 191 of 10.8.2002.