Case T-234/05: Action brought on 13 June 2005 by Gerrit Bethuyne and four others against the Commission of the European Communities
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, administrative reform, equal treatment, personnel administration, regulations for civil servants, staff assessment

20.8.2005

EN

Official Journal of the European Union

C 205/31

The applicant claims that the Court should:

Action brought on 13 June 2005 by Gerrit Bethuyne and
the European
four others against

the Commission of
Communities

1. Annul

the Commission Decision of 16 March 2005
concerning the second tranche of restructuring aid paid by
France to National Maritime Corse-Méditerranée (SNCM);

2. Order the Commission to pay the costs.

Pleas in law and main arguments

is

action

brought

This
against Commission Decision
C(2004)4751 final of 16 March 2005 declaring payment of the
second tranche of aid given by France to Société Nationale
Maritime Corse-Méditerranée (SNCM) for restructuring to be
compatible, with certain conditions, with the common market
(Aid No C 58/2002, ex N 118(2002)). That decision is a
follow-up to the decision of 9 July 2003, which authorised
subject to conditions the first tranche of the restructuring aid at
issue.

In support of its claims, the applicant pleads the infringement
of Article 87 of the EC Treaty and the rules adopted for its
application which are relevant in this case, namely the condi-
tions imposed by the decision of 9 July 2003 and the condi-
tions arising from the Commission's 1997 Community guide-
lines on State aid to maritime transport (1) and the Commis-
sion's 1999 Community Guidelines on State aid for rescuing
and restructuring firms in difficulty (2), as applicable at the time
when the examination procedure for the contested aid was
opened.

(Case T-234/05)

(2005/C 205/56)

(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 June 2005 by Gerrit Bethuyne,
residing in Dentergem (Belgium), and four others, represented
by Sébastien Orlandi, Xavier Martin, Albert Coolen and Etienne
Marchal, lawyers, with an address for service in Luxembourg.

The applicants claim that the Court should:

1. annul the decisions to appoint the applicants officials of the
European Communities, insofar as those decisions determine
their grade of recruitment in accordance with Article 12 of
Annex XIII to the Staff Regulations;

2. order the Commission to pay the costs.

Pleas in law and main arguments

The pleas and arguments relied on by the applicants are iden-
tical to those of the applicants in Case T-130/05 (1).

(1) OJ C 132, 28.5.2005, p. 31.

The applicant states in that connection that, contrary to the
decision of 9 July 2003, SNCM's shares in the Compagnie
Corse Meditérranée were not
Furthermore, SNCM
continued to apply a pricing policy aiming to offer lower
prices than its competitors.

sold.

Action brought on 20 June 2005 by Jan Siffert against the
Court of Justice of the European Communities

regards

Furthermore, as
the abovementioned Community
the restructuring plan submitted by the French
guidelines,
Republic was not fully implemented. In addition, the amount
of aid was not limited to the strict minimum.

(1) OJ C 205 of 5.7.1997, p. 5
(2) OJ C 288 of 9.10.1999, p. 2

(Case T-235/05)

(2005/C 205/57)

(Language of the case: French)

An action against the Court of Justice of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 20 June 2005 by Jan Siffert,
residing in Brussels
represented by Sébastien
Orlandi, Xavier Martin, Albert Coolen and Etienne Marchal,
lawyers, with an address for service in Luxembourg.

(Belgium),