CELEX: C1995/074/32
Language: en
Date: 1995-03-25 00:00:00
Title: Action brought on 9 February 1995 by Therese Schweiger against Council of the European Union and Commission of the European Communities (Case T-22/95)

No C 74/16             EN                 Official Journal of the European Communities                                  25 . 3 . 95
an address for service in Luxembourg at the Chambers of              Dietrich Manstetten, Frank Schulze and Winfried
Louis Schiltz, 2 Rue du Fort Rheinsheim.                             Haneklaus, Rechtsanwälte, Munster, with an address for
                                                                     service in Luxembourg at the Chambers of Dupong &
                                                                     Associés, 14a Rue des Bains .
The applicant claims that the Court should:
— declare the action admissible and well founded,                    The applicant claims that the Court should:
— annul the decision of the appointing authority of 5 April          1 . order the defendants jointly to pay to the applicant
    1994 appointing the applicant to grade A7, step 5, and               SLOM I compensation for the period from 16 October
    the implicit refusal to appoint her to grade A6,                      1985 to 29 March 1989 in the amount of DM 53 550,
                                                                         together with interest thereon at 8% from 19 May
— annul the implied decision rejecting the complaint                      1992, and jointly to pay the costs of the proceedings;
    submitted by the applicant on 4 July 1994, which was
    received in the Secretariat-General of the Commission            2 . joint the present action to that already pending in Case
    on 4 July 1994,                                                      T-77/93 Hülseberg and Others v. Council and
                                                                         Commission and also stay the proceedings.
— order the Commission to pay all the costs.
                                                                     Pleas in law and main arguments
Pleas in law and main arguments
                                                                     The pleas in law and main arguments are similar to those in
The applicant, an official in grade A7, step 5 , contests the        Case T-20/94 .
decision of the appointing authority refusing to appoint her
to grade A6.
She pleads, first, an infringement of Article 31 ( 2 ) of the Staff
Regulations, and also contends that there has been a
manifest error of assessment in the present case, in that her
appointment takes into account neither her considerable
professional experience in the field in which she has been           Action brought on 9 February 1995 by Therese Schweiger
established nor her significant intellectual and human               against Council of the European Union and Commission of
qualities.                                                                            the European Communities
                                                                                            Case T-22/95 )
The applicant further asserts that Article 5 ( 3)of the Staff                                ( 95/C 74/32 )
Regulations and the principle of equality of treatment of
officials have been disregarded, inasmuch as she was
appointed to grade A7 whilst , other officials possessing                          (Language of the case: German)
qualifications and professional experience inferior to, or at
best equivalent to, her own were appointed to grade A6 in
the context of a recruitment competition based on tests or           An action against the Council of the European Union and
on qualifications and tests.                                         Commission of the European Communities was brought
                                                                     before the Court of First Instance of the European
                                                                     Communities on 9 February 1995 by Therese Schweiger,
                                                                     Ampfing (Federal Republic of Germany), represented by
                                                                     Bernd Meisterernst, Mechtild Düsing, Dietrich Manstetten,
                                                                     Frank Schulze and Winfried Haneklaus, Rechtsanwälte,
                                                                     Munster, with an address for service in Luxembourg at the
                                                                     Chambers of Dupong & Associés, 14a Rue des Bains .
Action brought on 8 February 1995 by Burghardt Wetterau
against Council of the European Union and Commission of
                 the European Communities                           The applicant claims that the Court should :
                        (Case T-20/95 )
                          ( 95/C 74/31 )                             1 . order the defendants jointly to pay the applicant
                                                                         SLOM I compensation for the period from 2 April 1984
                                                                         to 29 March 1989 in the amount of DM 193 229 ,
              (Language of the case: German)                             together with interest thereon at 8 % from 19 May
                                                                         1992, and jointly to pay the costs of the proceedings as
                                                                         well as those of the assessor in the amount of DM
An action against the Council of the European Union and
Commission of the European Communities was brought                       3 663,43 ;
before the Court of First Instance of the European
Communities on 8 February 1995 by Burghardt Wetterau,               2 . join the present action to that already pending in Case
Sontra-Lindenau (Federal Republic of Germany),                           T-77/93 Hülseberg and Others v. Council and
represented by Bernd Meisterernst, Mechtild Düsing,                      Commission and also stay the proceedings .
 ---pagebreak--- 25 . 3 . 95         | EN                   Official Journal of the European Communities                             No C 74/17
Pleas in law and main arguments                                              Removal from the register of Case T-248/94 ( 1 )
                                                                                                 ( 95/C 74/35 )
The pleas in law and main arguments are similar to those in
Case T-20/94 .                                                                       (Language of the case: German)
                                                                      By order of 6 February 1995 the President of the Third
                                                                      Chamber of the Court of First Instance of the European
                                                                      Communities ordered the removal from the register of Case
                                                                      T-248/94 : Hema B.V. v. Commission of the European
                                                                      Communities .
Action brought on 13 February 1995 by Hans-Christian
Jacobsen against Council of the European Union and                    (!) OJ No C 288 , 15 . 10 . 1994 .
         Commission of the European Communities
                         ( Case T-24/95 )
                           ( 95/C 74/33 )
                                                                             Removal from the register of Case T-249/94 ( )
               (Language of the case: German)
                                                                                                  ( 95/C 74/36 )
An action against the Council of the European Union and                               (Language of the case: Dutch)
Commission of the European Communities was brought
before the Court of First Instance of the European                    By order of 6 February 1995 the President of the Third
Communities on 13 February 1995 by Hans-Christian                     Chamber of the Court of First Instance of the European
Jacobsen, Jarplund-Weding ( Federal Republic of Germany),             Communities ordered the removal from the register of Case
represented by Dr. Lukanow, Rechtsanwalt, Euskirchen,                 T-249/94: Hema B.V. v. Commission of the European
with an address for service in Luxembourg at the Chambers             Communities .
of Dupong & Associes, 14a Rue des Bains.
                                                                      f 1 ) OJ No C 288 , 15 . 10 . 1994 .
The applicant claims that the Court should:
— order the defendants to pay compensation to the
     applicant for the period of five milk years from 1 April
     1988 in the amount of DM 24 540, together with                          Removal from the register of Case T-250/94 ( )
     interest of 8% from 17 December 1983 .                                                       ( 95/C 74/37 )
                                                                                      (Language of the case: Dutch)
Pleas in law and main arguments
                                                                      By order of 6 February 1995 the President of the Third
The pleas in law and main arguments are similar to those in           Chamber of the Court of First Instance of the European
Case T-20/94 .
                                                                      Communities ordered the removal from the register of Case
                                                                      T-250/94 : M & S Mode Nederland B.V. v. Commission of
                                                                      the European Communities.
                                                                      (!) OJ No C 288 , 15 . 10 . 1994 .
       Removal from the register of Case T-l 24/93 ( )
                            ( 95/C 74/34 )
                                                                             Removal from the register of Case T-251/94 ( x )
               (Language of the case: German)                                                     ( 95/C 74/38 )
                                                                                      (Language of the case: Dutch)
By order of 20 January 1995 the President of the First
Chamber (extended composition) of the Court of First                  By order of 6 February 1995 the President of the Third
Instance of the European Communities ordered the removal              Chamber of the Court of First Instance of the European
from the register of Case T-l 24/9 3 : Georg Werner v.                Communities ordered the removal from the register of Case
Commission of the European Communities .                              T-251 /94 : M & S Mode Nederland B.V. v. Commission of
                                                                      the European Communities.
 (M OJ No C 34, 9 . 2 . 1991 .
                                                                      (!) OJ No C 288 , 15 . 10 . 1994 .