Case T-286/05: Action brought on 18 July 2005 by the Centre Européen pour la Statistique et le Développement A.s.b.l. (C.E.S.D.) against the Commission of the European Communities
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, Eurostat, abuse of power, action for annulment (EU), contract, powers of the institutions (EU)

C 229/34

EN

Official Journal of the European Union

17.9.2005

Action brought on 19 July 2005 by Bernd Lippert against
the European Parliament

péen pour la Statistique et le Développement A.s.b.l. (C.E.S.D.),
established in Luxembourg, represented by D. Grisay, lawyer,
with an address for service in Luxembourg.

(Case T-285/05)

(2005/C 229/72)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 19
July 2005 by Bernd Lippert, residing in Helmsange (Luxem-
bourg), 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:

1. annul the decision appointing the applicant as an official of
the European Communities insofar as it fixes his grade on
recruitment by application of Article 12 of Annex XIII to
the Staff Regulations;

2. order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are identical to those
raised in Case T-130/05, Albert-Bousquet and Others v Commis-
sion. (1)

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

Action brought on 18 July 2005 by the Centre Européen
pour la Statistique et le Développement A.s.b.l. (C.E.S.D.)
against the Commission of the European Communities

(Case T-286/05)

(2005/C 229/73)

(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 18 July 2005 by the Centre Euro-

The applicant claims that the Court should:

1. declare that the Commission's decision of 18 May 2005 is
void on the ground that it results from misuse of powers,
and/or that it is vitiated by failure to state reasons and mani-
fest error of assessment;

2. alternatively, declare that the said decision is void, in so far
as it concerns the 25 contracts not covered by the audit;

3. order the defendant to pay the costs.

Pleas in law and main arguments

Following the irregularities found within DG-EUROSTAT, the
Commission adopted the contested decision by which it
instructed the delegated authorising officers to terminate as
soon as possible, in accordance with the procedures provided
for by the contracts, all contractual relationships with certain
entities, including the applicant.

the particular dispute

In support of its action, the applicant alleges misuse of the
Commission's powers, on the ground that the contested deci-
sion evades
resolution procedures
provided for by each contract and substitutes for them the
unilateral method of a decision based on Article 93(1)(f) of
Regulation No 1605/2002. (1) The applicant relies, in the same
context, on the contested decision's alleged failure to state
reasons.

The applicant also pleads the contested decision's manifest
error of assessment, in the characterisation of the facts alleged
against it as a serious breach of contract, in the terms of Article
93(1)(f) of Regulation No 1605/2002.

the applicant alleges that

the contested decision is
Finally,
based on an audit concerning only one of
the contracts
concluded between it and the Commission and that, therefore,
it is vitiated by failure to state reasons, at least in so far as the
25 other contracts not covered by the audit are concerned.

(1) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities, OJ of 16.9.2002, p. 1.