CELEX: C2000/372/30
Language: en
Date: 2000-12-23 00:00:00
Title: Case T-329/00: Action brought on 25 October 2000 by Bonn Fleisch Ex- und Import GmbH against the Commission of the European Communities

23.12.2000            EN                     Official Journal of the European Communities                                     C 372/15
Pleas in law and main arguments                                         The applicant accuses the Commission of infringing its right
                                                                        to a hearing, because on its inspection of the files it was
                                                                        not presented with all the relevant supporting documents.
The applicant, who is assigned to the Office for Official               Moreover, because of the improper conduct of the Spanish
Publications of the European Communities, is contesting the             authorities and the Commission, particularly in the area of
decision rejecting his request to be assigned to a third country        quota administration, special circumstances existed within the
pursuant to Article 3 of Annex X to the Staff Regulations of            meaning of Article 13 of the Regulation. It also maintains that
officials.                                                              there is no proof or any convincing evidence of alleged forgery,
                                                                        and that the Commission has explained the facts in a defective
The pleas in law and main arguments are largely identical with          and incomplete manner.
those relied upon in Case T-202/00.
                                                                        (1) Council Regulation (EEC) No 1430/79 of 2 July 1979 on the
                                                                            repayment or remission of import or export duties (OJ 1979
                                                                            L 175, p. 1).
Action brought on 25 October 2000 by Bonn Fleisch
Ex- und Import GmbH against the Commission of the
                    European Communities
                                                                        Action brought on 26 October 2000 by Stefano Cocchi
                        (Case T-329/00)
                                                                        and Evi Hainz against Commission of the European
                                                                                                  Communities
                        (2000/C 372/30)
                                                                                                (Case T-330/00)
                  (Language of the case: German)
                                                                                                (2000/C 372/31)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 25 October 2000 by Bonn Fleisch                                    (Language of the case: French)
Ex- und Import GmbH, established in Troisdorf, Germany,
represented by Dietrich Ehle, Rechstsanwalt, Cologne.                   An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 26 October 2000 by Stefano
The applicant claims that the Court should:
                                                                        Cocchi and Evi Hainz, residing in Italy, represented by Georges
                                                                        Vandersanden and Laure Levi, of the Brussels Bar.
—     annul Commission Decision K(2000) 2207 endg. of
      25 July 2000 (REM 49/99);
                                                                        The applicants claim that the Court should:
—     order the Commission to pay the costs.
                                                                        —     annul the decisions of the Authority Empowered to
                                                                              Conclude Contracts (AECC) of 16 March 2000 and of
Pleas in law and main arguments                                               22 February 2000 not to accept the applicants’ candi-
                                                                              dature for the posts advertised in vacancy notices
                                                                              COM/R/5530/00 of 24 February 2000 and
The action is brought against the Commission’s decision of                    COM/R/5500/00 of 24 January 2000, or, in the alterna-
25 July 2000, in which the latter refused the application by                  tive, to annul those vacancy notices;
the Federal Republic of Germany to grant the applicant
remission of import duties for the importation of beef on the           —     annul the appointments made by the AECC, of unknown
basis of Article 13 of Regulation (EEC) No 1430/79 (1). The                   date, in the context of the recruitment procedures put in
Commission maintains in the contested decision that the                       motion by those two vacancy notices;
extracts submitted by the applicant at the time of import
clearance were forgeries, and that licence forgeries fall within
the business risk of the applicant. Neither the Spanish auth-           —     order the defendant to pay one euro by way of damages
orities which issued the licences nor the Commission had                      for the damage suffered as a result of that decision, such
acted improperly, so the normal business risk to be borne by                  sum being set ex aequo et bono and provisionally;
importers of goods benefiting from customs advantages was
not exceeded.                                                           —     order the defendant to pay the whole of the costs.