Case T-41/07: Action brought on 16 February 2007 — IPK International — World Tourism Marketing Consultants v Commission
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: EU financing, European Commission, action for annulment (EU), database, ecology, tourism

14.4.2007

EN

Official Journal of the European Union

C 82/47

— declare the act of a doctor of 13 July 2004 prohibiting the
appellant from access to the Commission's buildings void
and illegal on the grounds that it is not a decision of the
Appointing Authority;

— declare the act of a Commission official of 22 September
2004 purporting to extend the appellant's medical leave by
six months and other subsequent acts referring to earlier
documents by an official of the Appointing Authority of
June 2004 void;

— the remainder of the claims before the first court;

— order the Commission to pay the costs.

Pleas in law and main arguments

In his appeal, the appellant claims that the Tribunal committed
an error by founding its decision on an incorrect legal basis,
namely Article 59 of
the Staff Regulations on compulsory
medical leave, whereas, the Commission infringed Article 86 of
the Staff Rules and Annex IX, together with the texts which
regulate the conduct of administrative investigations and disci-
plinary proceedings. Furthermore, the appellant argues that the
Tribunal violated his rights of defence and infringed Article 6 of
the European Convention on Human Rights and the principle
of the right to a fair trial by hearing and determining the case
on the basis of an incomplete file and by failing to give a ruling
on the alleged existence of a parallel file. The appellant further
claims that the Tribunal has infringed Article 8 of the European
Convention on Human Rights by hearing and determining the
case on the basis of false evidence. Furthermore, the appellant
criticises the Tribunal for failing to adopt a position in the
contested judgment on his application to reopen the proceed-
ings. The applicant also submits that the Tribunal unlawfully
refused to draw the legal
inferences from the alleged lack of
competence of the authority which issued the decision to place
him on compulsory medical leave which the Tribunal should,
the appellant argues, have declared non-existent on the ground
of lack of competence and lack of reasoning.

Action brought on 16 February 2007 — IPK International
— World Tourism Marketing Consultants v Commission

(Case T-41/07)

(2007/C 82/99)

Language of the case: German

Form of order sought

The applicant claims that the Court should

— annul

the decision of

the Commission of

the European
Communities of 4 December 2006 (C (2006) 6452) on the
recovery of payments in the amount of EUR 318 000
together with default interest;

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

Pleas in law and main arguments

The applicant contests the Commission's decision C (2006)
6452 of 4 December 2006 on the recovery of advance
payments received by the applicant for the ECODATA project
before the cancellation of the decision to award the grant. The
decision was made pursuant to Article 256 EC.

The cancellation of the decision to grant a subsidy for the crea-
tion of a databank on ecological tourism in Europe was made
by decision of the Commission of 13 May 2005 and was chal-
lenged by the applicant before the Court of First Instance (see
Case T-297/05).

The applicant argues in support of its claim that the contested
decision is unlawful. It derives from an unlawful cancellation
decision, the unlawfulness of which necessarily extends to the
contested decision. Furthermore,
the contested decision is a
unilateral measure, although the legal claim arising from that
decision is contractual in nature and can therefore be pursued
only by means of a civil claim before the competent national
courts of a Member State.

Action brought on 16 February 2007 — Dow Chemical
and Others v Commission

(Case T-42/07)

(2007/C 82/100)

Language of the case: English

Parties

Applicants: The Dow Chemical Company (Midland, United Sates
of America), Dow Deutschland Inc.
(Schwalbach, Germany),
Dow Deutschland Anlagengesellschaft mbH (Schwalbach,
Germany), Dow Europe GmbH (Horgen, Switzerland)
(repre-
sented by: D. Schroeder, P. Matthey, T. Graf, lawyers)

Parties

Defendant: Commission of the European Communities

Applicant:
Consultants GmbH (Munich, Germany)
C. Pitschas, lawyer)

IPK International — World Tourism Marketing
(represented by:

Form of order sought

Defendant: Commission of the European Communities

to annul the decision insofar as it relates to it;

— The Dow Chemical Company respectfully requests the Court