CELEX: C2001/369/24
Language: en
Date: 2001-12-22 00:00:00
Title: Case T-258/01: Action brought on 15 October 2001 by Pierre Eveillard against Commission of the European Communities

C 369/14                EN                     Official Journal of the European Communities                                       22.12.2001
Decision of the Board of       Dismissal of the Appeal intro-             —     It submits that the Commission has assessed the gravity
Appeal:                        duced by Alcon Universal Ltd.                    of the infringement, as it is required to do so under
                                                                                Article 12(2) of Council Regulation No 3975/87 (1),
Grounds of claim:              Failure by the Board of Appeal to                incorrectly and that the categorisation of the infringement
                               recognise the actions undertaken                 under the Commission Guidelines on Fines (2) as ‘very
                               by Alcon Universal Ltd. to restrain              serious’ rather than ‘serious’ is therefore incorrect.
                               the use of the trade mark by other               Although the nature of the infringement as ‘market
                               parties.                                         sharing’ is not disputed the Commission’s assessment of
                                                                                the actual impact and the geographic scope of that impact
                                                                                are contested. The Commission’s calculation and use of
                                                                                the term ‘affected turnover’ is also disputed.
                                                                          —     It argues that the Commission has not proved that the
                                                                                infringement covered the period from 5 September 1989
                                                                                until 15 February 2001.
Action brought on 2 October 2001 by Scandinavia
Airlines System AB against the Commission of the Euro-
                        pean Communities                                  —     In relation to co-operation and leniency, it maintains that
                                                                                a number of factors that should have been taken into
                                                                                consideration by the Commission have either not been
                         (Case T-241/01)                                        considered in the Decision or, if they have been con-
                                                                                sidered, the Commission’s assessment is incorrect.
                         (2001/C 369/23)
                    (Language of the case: English)
                                                                          (1) Council Regulation (EEC) No 3975/87 of 14 December 1987
                                                                              laying downthe procedure for the application of the rules on
                                                                              competition to undertaking in the air transport sector (OJ L 374,
                                                                              p. 1).
An action against the Commission of the European Communi-
                                                                          (2) Guidelines on the method of setting fines imposed pursuant to
ties was brought before the Court of First Instance of the                    Article 15(2) of Regulation No 17 and Article 65(5) of the ECSC
European Communities on 2 October 2001 by Scandinavian                        Treaty (OJ C9 1998, p. 3).
Airlines System AB, represented by Mr Morten Kofmann of
Kromann Reumert, Copenhagen (Denmark).
The applicant claims that the Court should:
—      judicially review the calculation of the fine imposed on
       the applicant by the Commission.
Pleas in law and main arguments
                                                                          Action brought on 15 October 2001 by Pierre Eveillard
                                                                               against Commission of the European Communities
The subject of the application is the Commission Decision
C(2001) 1987 final of 18 July 2001, relating to proceedings
pursuant to Article 81 of the EC Treaty ant Article 53 of the                                      (Case T-258/01)
Agreement on the European Economic Area (case COMP.D.2.
37.444 — SAS/Maersk Air and case COMP.D.2 37.386 —
Sun-Air vs. SAS and Maersk Air). In this Decision the                                              (2001/C 369/24)
Commission states that the applicant and Maesk Air A/S have
infringed the competition rules by agreeing to share markets
between them by Maersk Air withdrawing from the Copenha-                                      (Language of the case: French)
gen-Stockholm route and the applicant withdrawing from
the Copenhangen-Venice and Billund-Frankfurt routes, thus
leaving operation exclusively to the other party.
The applicant does not object to the Commission’s finding                 An action against the Commission of the European Communi-
that it has infringed the competition rules. It merely exercises          ties was brought before the Court of First Instance of the
its right to subject the Commission’s calculation of the fine to          European Communities on 15 October 2001 by Pierre Eveil-
judicial review.                                                          lard, residing in Brussels, represented by Lucas Vogel, lawyer.
 ---pagebreak--- 22.12.2001            EN                      Official Journal of the European Communities                                       C 369/15
The applicant claims that the Court should:                              Pleas in law and main arguments
—     annul the decision adopted by the appointing authority
      on 25 June 2001 and notified to the applicant on 3 July            The applicant contests the decision adopted in compliance
      2001 rejecting the complaint lodged by the applicant on            with the judgment of the Court of First Instance in Case
      19 March 2001 against the disciplinary decision of                 T-202/99 annulling the decision of the Commission not to
      19 December 2000 imposing on the applicant the                     promote the applicant in the 1998 promotions procedure.
      disciplinary measure of relegation by two steps, pursuant
      to Article 86(2)(D) of the Staff Regulations;                      In support of his application, the applicant pleads infringement
                                                                         of Article 45 of the Staff Regulations and breach of the
—     order the defendant to pay the costs.                              principle of equal treatment, as well as manifest error of
                                                                         assessment and breach of the principle of legitimate expec-
                                                                         tations.
Pleas in law and main arguments
In support of his application, the applicant claims infringement
of Article 21 of the Staff Regulations and manifest error
of assessment. According to the applicant, the documents
attributed to him in the context of the award of a contract for                 Removal from the Register of Case T-313/00 (1)
the security of Commission buildings were issued by a
hierarchical superior who was perfectly well aware of the                                         (2001/C 369/26)
situation. Accordingly, those documents cannot be attributed
to the applicant.                                                                           (Language of the case: French)
                                                                         By order of 13 June 2001, the Court of First Instance of
                                                                         the European Communities (Single Judge: M. Forwood), has
                                                                         ordered the removal from the Register of Case T-313/00,
Action brought on 19 October 2001 by Léon Rappe
                                                                         Sjoerd Feenstra v Commission of the European Communities.
    against Commission of the European Communities
                        (Case T-264/01)                                  (1) OJ C 355 of 9.12.00.
                        (2001/C 369/25)
                   (Language of the case: French)
                                                                                Removal from the Register of Case T-90/01 (1)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                                        (2001/C 369/27)
European Communities on 19 October 2001 by Léon Rappe,
residing in Orp-Jauche (Belgium), represented by Jean-Noël                                 (Language of the case: German)
Louis and Véronique Peere, lawyers.
The applicant claims that the Court should:                              By order of 6 July 2001, the President of the Fourth Chamber
                                                                         of the Court of First Instance of the European Communities
—     annul the decision of the appointing authority of                  has ordered the removal from the Register of Case T-90/01,
      18 December 2000 not to promote the applicant to                   Christine Janush v European Central Bank.
      Grade A in the 1998 promotions procedure;
—     order the defendant to pay the costs.                              (1) OJ C 227 of 11.8.01.