CELEX: C2004/035/28
Language: en
Date: 2004-02-07 00:00:00
Title: Case T-405/03: Action brought on 12 December 2003 by Jose Maria Sison against the Council of the European Union

7.2.2004               EN                          Official Journal of the European Union                                           C 35/17
Action brought on 11 December 2003 by Georgios                             Action brought on 12 December 2003 by Jose Maria
Katalagarianakis against the Commission of the European                          Sison against the Council of the European Union
                           Communities
                                                                                                    (Case T-405/03)
                         (Case T-402/03)
                                                                                                     (2004/C 35/28)
                          (2004/C 35/27)
                                                                                               (Language of the case: English)
                    (Language of the case: French)
                                                                           An action against the Council of the European Union was
An action against the Commission of the European Communi-                  brought before the Court of First Instance of the European
ties was brought before the Court of First Instance of the                 Communities on 12 December 2003 by Jose Maria Sison,
European Communities on 11 December 2003 by Georgios                       Utrecht, (Netherlands), represented by J. Fermon, A. Comte,
Katalagarianakis, residing in Overijse (Belgium), represented by           H. Schultz and D. Gurses, lawyers.
Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Étienne
Marchal, lawyers, with an address for service in Luxembourg.
                                                                           The applicant claims that the Court should:
The applicant claims that the Court should:                                —     join the present case to the joined cases T-110/03 and
                                                                                 T-150/03
—     annul the contested decision inasmuch as it fixes the
      classification at recruitment of the applicant at the first          —     annul, on the bases of Article 230 EC, Council Decision
      step of Grade A 6, reviews and fixes 1 April 2000 as the                   of 2 October 2003 (36/C/02/03): Reply adopted by
      date for his classification in Grade A 5 and restricts the                 the council on 2 October 2003 to the confirmatory
      pecuniary effects of its decision to 5 October 1995;                       application by Mr Jan Fermon (2/03) made to the Council
                                                                                 by telefax on 5 Septemer 2003 registered by the General
                                                                                 Secretariat of the Council on 8 September 2003, pursuant
—     order the defendant to pay the costs.                                      to Article 7(2) of Regulation (EC) No 1049/2001, for
                                                                                 access to documents
                                                                           —     order the defendant to pay the costs
Pleas in law and main arguments
Following the judgments of the Court of Justice in Cases                   Pleas in law and main arguments
C-389/98 P and C-459/98 P, the Commission reconsidered,
pursuant to Article 31(2) of the Staff Regulations, the classifi-
cation of officials who had appealed in terms of Article 91 of             The applicant in the present case, who is also the applicant in
the Staff Regulations. Following that procedure, the Com-                  Cases T-47/03 (1), T-110/03 (2) and T-150/03 (3) Sison/Council
mission took the contested decision concerning the applicant.              of the European Union, pursues the annulment of the defend-
                                                                           ants Decision not to allow him access to all documents
                                                                           that were the basis of the Council Decision 2003/480/EC,
In support of his application, the applicant alleges, first of all,        implementing Article 2(3) of Regulation (EC) No 2580/2001
infringement of Article 62 of the Staff Regulations inasmuch               on specific restrictive measures directed against certain persons
as the remuneration carried by that grade is payable by the                and entities with a view to combatting terrorism and repealing
mere fact of appointment and that that right may not be                    Decision 2002/974/CE (4).
waived. The applicant alleges, next, infringement of
Article 233(1) of the EC Treaty in that the Commission did not
take all the necessary measures to implement the judgments of              The grounds and main arguments are similar to those submit-
the Court of Justice of 11 January 2001 in C-389/98 P and                  ted in the abovementioned Cases, T-110/03 and T-150/03.
C-459/98 P. The applicant claims, furthermore, that the
defendant infringed Article 32(2) of the Staff Regulations and
is in breach of the principle of equal treatment. Finally, the             (1 ) OJ C 101, 26.4.2003, p. 41.
applicant alleges infringement of Article 5(3) and Article 45 of           (2 ) OJ C 146, 21.6.2003, p. 39.
the Staff Regulations and breach of the principle that officials           (3 ) OJ C 213, 6.9.2003, p. 36.
should have reasonable career prospects.                                   (4 ) OJ L 160, 28.6.2003, p. 81.