CELEX: C2001/004/16
Language: en
Date: 2001-01-06 00:00:00
Title: Case T-341/00: Action brought on 10 November 2000 by Jan Pflugradt against the European Central Bank

C 4/10                EN                   Official Journal of the European Communities                                        6.1.2001
The applicant claims that the Court should:                           Action brought on 10 November 2000 by Jan Pflugradt
                                                                                     against the European Central Bank
—     annul the decision of the Commission of 14 August 2000                                   (Case T-341/00)
      No 54 (2000) D/106308 pursuant to Article 320(4) of
      the EC Treaty and order the defendant to pay the costs.
                                                                                                 (2001/C 4/16)
                                                                                         (Language of the case: German)
Pleas in law and main arguments
                                                                      An action against the European Central Bank was brought
                                                                      before the Court of First Instance of the European Communities
                                                                      on 10 November 2000 by Jan Pflugradt, of Frankfurt am Main
By the present action the applicant contests the decision of the      (Germany), represented by Norbert Pflüger, Regina Steiner
Commission of 14 August 2000 No 54 (2000) D/106308                    and Silvia Mittländer, Rechtsanwälte, Frankfurt am Main
withdrawing the financial contribution from the EAGGF                 (Germany).
granted to the Comunità Montana della Valnerina (Norcia) by
decision C(93) 3182 of 10 November 2000 relating to a
contribution by the EAGGF-Guidance Section in the context             The applicant claims that the Court should:
of project 93.IT.06.016 ‘a pilot forestry agro-alimentary
demonstration project in marginal hill areas (France, Italy)’.        —     declare that the European Central Bank has committed
                                                                            a breach of the applicant’s employment contract by
                                                                            employing him to perform the activities forming the
                                                                            subject-matter of the job description of 28 June 2000;
The applicant points out in this connection that, in order to
improve the chances of obtaining finance for the project              —     declare that the job description of 28 June 2000 has no
submitted by the applicant, the Commission had suggested                    legal force or effect;
through non-official channels to the authorities of the upland
community to link their project with a similar one put forward
by the ‘Route des Senteurs’ operating in the Drôme Provençale         —     order the European Central Bank to withdraw the job
region of France.                                                           description of 28 June 2000;
                                                                      —     order the European Central Bank, in the event that the
                                                                            relief constituting item (3) in the form of order sought in
In support of its claims, the applicant alleges breach of                   his application of 30 June 2000 in Case T-178/00 (1) is
the principles of non-discrimination and of proportionality,                not granted by the Court of First Instance, to provide the
inasmuch as the defendant has sought, by a global withdrawal                applicant in any event with work corresponding to the
of the total contribution, to deal with complex and hetero-                 activities forming the subject-matter of the job description
genous facts, arising from two draft projects submitted entirely            on which the applicant’s staff report of 23 November
separately and independently by two different persons, with                 1999 was based;
the risk of charging each of the partners with also having
committed the irregularity alleged against the other party.           —     order the European Central Bank to pay the costs.
Moreover, according to the applicant, it is clear that the            Pleas in law and main arguments
irregularity with which ‘Route des Senteurs’ is charged, involv-
ing almost 67 % of the EEC contribution, is far greater than          The applicant is an employee of the ECB. He contests the
that with which the applicant is charged, which involves only         validity in law of a written communication by the defendant
36 % of the same contribution. It is in fact the sanction of          assigning him, with reference to a job description, to perform
withdrawing the whole of the contribution which gives rise to         new tasks. He maintains that the assignment to him of those
the breach of the principle of proportionality, where a               tasks infringes his contractual rights. In addition, the job
reduction of that contribution in proportion to any irregularity      description is inconsistent with what has been contractually
would have been an equitable solution which would have                agreed.
taken account of their respective responsibilities.
                                                                      (1) OJ C 259, 9.9.2000, p. 29.