Case T-350/05: Action brought on 16 September 2005 — Republic of Finland v Commission of the European Communities
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: European Commission, Finland, action for annulment (EU), customs debt

C 281/32

EN

Official Journal of the European Union

12.11.2005

Action brought on 16 September 2005 — Republic of
Finland v Commission of the European Communities

2003/2180, and by not giving reasons for the refusal contrary
to Article 253 EC.

(Case T-350/05)

(2005/C 281/58)

Language of the case: Finnish

(1) Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000
implementing Decision 94/728/EC, Euratom on the system of the
Communities' own resources, OJ L 130 of 31.5.2000, p. 1.

Parties

Applicant(s): Republic of Finland (represented by: Tuula Pynnä,
Agent)

Defendant(s): Commission of the European Communities

Action brought on 20 September 2005 — Gabrielle Gian-
carla Sharon Kubanski v the Commission of the European
Communities

(Case T-353/05)

(2005/C 281/59)

Language of the case: Italian

Form of order sought

The applicant(s) claim(s) that the Court should:

Parties:

the Court of

— annul the Commission's decision, dated 8 July 2005 and
notified on the same day, refusing, contrary to the principle
of loyal cooperation under Article 10 EC and to the case-
law of
concerning conditional
Justice
payments, to open negotiations with Finland on the condi-
tional payment of
the retroactive customs duties and
interest on them up to the date of payment
default
demanded by the Commission from Finland in infringement
proceedings 2003/2180 under Article 226 EC, and

(Leggiuno,
Applicant(s): Gabrielle Giancarla Sharon Kubanski
Italy) (represented by: Massimo Condinanzi and Devis Bono,
lawyers)

Defendant(s): the Commission of the European Communities

— order the Commission to pay the costs.

Form of order sought

Pleas in law and main arguments

In the contested decision the Commission considered that in
the present case it was not under an obligation to act within
the meaning of Article 232 EC. Finland had, in its letter under
Article 232 EC, called on the Commission, under the principle
of loyal cooperation under Article 10 EC and the case-law of
the Court of Justice on conditional payments, to take a decision
to enter into negotiations with Finland on the conditional
payment, pending the decision of the Court of Justice in the
case, of the disputed customs debt and the associated default
interest.

Finland submits that by taking the contested decision the
Commission infringed the EC Treaty or the legislation relating
to its application within the meaning of the second paragraph
of Article 230 EC by refusing, contrary to the principle of loyal
cooperation under Article 10 EC and the case-law of the Court
of Justice on conditional payments, to start negotiations on the
the retroactive customs duties and
conditional payment of
default interest on them up to the date of payment demanded
by the Commission from Finland under Regulation (EC,
Euratom) No 1150/2000 (1)
in infringement proceedings

The applicant claims that the Court should:

— annul the Commission's decision of 14 June 2005 rejecting
the applicant's complaint No R/170/05 of 16 February
2005 and, consequently, annul decision D(2002)34440 of
16 December 2004;

— order the Commission to pay the shortfall in the applicant's
salary as of 16 January 2005 until the date of the appli-
cant's actual reinstatement in Grade B IV, step 2, at a figure
to be quantified in the course of the proceedings, if neces-
sary with the aid of expert evidence;

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant in this case is contesting the defendant's decision
to terminate her fixed-term contract as a temporary agent
signed on 4 October 2004. It should be pointed out in this
respect that the reasons given by the Commission for the termi-
nation were connected with the applicant's alleged failure to
meet the requirements under Article 5 of the Staff Regulations
of officials of the European Communities. In particular, the