CELEX: C2001/028/49
Language: en
Date: 2001-01-27 00:00:00
Title: Case T-351/00: Action brought on 20 November 2000 by Hubert Huygens against Commission of the European Communities

27.1.2001             EN                      Official Journal of the European Communities                                        C 28/27
—     The Registry may serve documents by fax or e-mail,                       —     the promotions were decided upon in the absence
      provided that the lawyer or agent concerned has agreed                         of any staff report on the applicant or of any other
      to service being effected in that way.                                         document to palliate its absence;
—     Where the lawyer or agent has agreed to service being                    —     the applicant’s merits were erroneously assessed; and
      effected in that way, the statement of an address for
      service in Luxembonrg is optional.
                                                                               —     the promotions procedure is vitiated by the fact that
                                                                                     it was based on reports drawn up on the basis of a
—     There is to be a single, uniform ten-day extension of the                      system of awarding points which disregards the
      time-limit on account of distance, regardless of the                           ‘Guide de la notation’.
      location of the party concerned.
Practice directions concerning the detailed implementation of
these amendments will be issued and promulgated in due
course.
                                                                         Action brought on 21 November 2000 by Jean-Marie Le
                                                                                         Pen against European Parliament
Action brought on 20 November 2000 by Hubert Huy-                                                 (Case T-353/00)
 gens against Commission of the European Communities
                                                                                                   (2001/C 28/50)
                        (Case T-351/00)
                         (2001/C 28/49)                                                     (Language of the case: French)
                   (Language of the case: French)                        An action against the European Parliament was brought before
                                                                         the Court of First Instance of the European Communities on
                                                                         21 November 2000 by Jean-Marie Le Pen, residing in St Cloud
An action against the Commission of the European Communi-                (France), represented by François Wagner, of the Nice Bar.
ties was brought before the Court of First Instance of the
European Communities on 20 November 2000 by Hubert
Huygens, residing in Olm (Luxembourg), represented by Sylvie             The applicant claims that the Court should:
Nyssens, of the Brussels Bar.
                                                                         —     declare the contested measure null and void;
The applicant claims that the Court should:
                                                                         —     award the applicant FRF 50 000 in non-returnable dam-
—     annul the decision of the Commission of the European                     ages;
      Communities not to promote the applicant to Grade B 1
      in the 2000 promotions procedure;
                                                                         —     order the European Parliament to pay the costs.
—     order the Commission of the European Communities to
      pay the costs.
                                                                         Pleas in law and main arguments
Pleas in law and main arguments
                                                                         The applicant, a Member of the European Parliament (MEP),
                                                                         contests the decision taken by the President of the European
—     Infringement of Article 25 of the Staff Regulations and            Parliament on 23 October 2000 taking note, in accordance
      breach of the rights of the defence inasmuch as no                 with Article 12(2) of the Act of 20 September 1976 concerning
      reasons have been provided for the contested decision.             the election of representatives to the European Parliament by
                                                                         direct universal suffrage, of the notification from the French
—     Infringement of Articles 26, 43 and 45 of the Staff                Government of the termination of the term of office of Jean-
      Regulations and breach of the principles of equal treat-           Marie Le Pen as MEP. That decision was taken after he was
      ment and sound administration, inasmuch as:                        found guilty of a criminal offence by a French criminal court.