Removal from the Register of Case T-237/99
Date: 2005-06-25
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), distributive trades, petrol

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.