Case T- 164/05: Action brought on on 13 April 2005 by Johan de Geest against Council of the European Union
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, action by staff, administrative reform, competition (EU), personnel administration, physician, recruitment, regulations for civil servants

C 171/28

EN

Official Journal of the European Union

9.7.2005

Action brought on on 13 April 2005 by Johan de Geest
against Council of the European Union

Action brought on 25 April 2005 by Arkema against the
Commission of the European Communities

(Case T- 164/05)

(2005/C 171/46)

(Language of the case: French)

(Case T-168/05)

(2005/C 171/47)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 13 April 2005 by Johan de Geest, residing in
Rhode-St-Genèse (Belgium), represented by Sébastien Orlandi,
Xavier Martin, Albert Coolen,
Jean-Noël Louis and Etienne
Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision to appoint him as an official of the Euro-
pean Communities in that it fixes his grade on recruitment
at A*6, pursuant to Article 12 of Annex XIII to the Staff
Regulations;

— order the Council to pay the costs.

Pleas in law and main arguments

a

in internal

applicant was

The
competition
candidate
CONSEIL/A/273 held to fill a post as doctor in grade A6 or
A7. The applicant was successful in the competition and was
appointed in grade A*6. The applicant contests that decision,
claiming that he should have been appointed in grade A*8,
A*9 or A*10, which, under the new system, correspond to the
former grades referred to in the notification of competition.

In support of his action, the applicant claims that the Council
fixed his grade on recruitment without having regard to the
notification of vacancy and, accordingly, breached Articles 29
and 31 of the Staff Regulations and also the principle of legiti-
mate expectations. In that context, the applicant also claims
that article 12 of Article XIII to the Staff Regulations, which
the Council applied when fixing his grade on recruitment,
unlawfully alters the framework of legality of the recruitment
procedure.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 25 April 2005 by Arkema, having
its registered office in Paris, represented by Michel Debroux,
lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul Articles 1(d), 2(c) and 4(9) of Commission Decision
C(2004) 4876 final of 19 January 2005, in so far as they
concern Elf Aquitaine and impose a fine on it, because of
errors of law and an infringement of essential procedural
requirements and, consequently, amend Article 2(c) and (d)
of the decision in so far as it imposed an excessive fine on
Arkema and determine a lesser amount;

— or, in the alternative, amend Article 2(c) and (d) of the deci-
sion in so far as it imposed an excessive fine on Arkema
and on Elf Aquitaine and reduce the amount of the fine;

— in both alternatives, order the Commission to pay its own

costs and those of the applicant in these proceedings.

Pleas in law and main arguments

In the contested decision the Commission imposed first, on the
applicant and its parent company, Elf Aquitaine SA, jointly and
fines of
severally, and second, on the applicant alone,
EUR 45 000 000 and EUR 13 500 000 respectively for their
involvement along with ten other undertakings in a cartel in
the Monochloroacetic acid sector.