CELEX: C2003/031/30
Language: en
Date: 2003-02-08 00:00:00
Title: Case T-372/02: Action brought on 13 December 2002 by Internationaler Hilfsfonds e.V. against the Commission of the European Communities

8.2.2003               EN                          Official Journal of the European Union                                          C 31/21
Action brought on 13 December 2002 by Internationaler                      humanitarian aid. In 1996, the applicant applied to become a
Hilfsfonds e.V. against the Commission of the European                     partner of the European Community Humanitarian Office
                           Communities                                     (ECHO) and to sign a Framework Partnership Agreement. In
                                                                           1999, the applicant was also informed that meanwhile new
                         (Case T-372/02)                                   conditions for the Framework Partnership Agreement had
                                                                           entered into force and that its application would be considered
                          (2003/C 31/30)                                   under these new provisions. In 2001, it was informed on the
                                                                           steps taken by ECHO upon receipt of the application in 1996.
                   (Language of the case: English)
                                                                           In 2001, the applicant lodged a complaint with the European
                                                                           Ombudsman for the irresponsible behaviour of ECHO and
                                                                           maladministration. The Ombudsman concluded that there
An action against the Commission of the European Communi-
                                                                           were instances of maladministration and made several critical
ties was brought before the Court of First Instance of the
                                                                           remarks.
European Communities on 13 December 2002 by Interna-
tionaler Hilfsfonds e.V., Rosbach, Germany, represented by
Dr. iur. H. Kaltenecker, lawyer.                                           Subsequently, the applicant requested that ECHO would
                                                                           reinstitute him in the position it had in 1996, before the
                                                                           maladministrations occurred and that appropriate disciplinary
The applicant claims that the Court should:                                measures would be taken against the staff of ECHO responsible
                                                                           for these maladministrations. The applicant contests the
—     declare void the decision of the defendant of 22 October             decision of the defendant in which it refuses to reinstitute the
      2002;                                                                applicant or to seek an alternative and compensatory solution.
—     order the defendant to reinstate the applicant in the
      position he had in 1996 when he had applied to become                The applicant submits that the defendant has violated the
      a partner of the Humanitarian Aid Office (ECHO) of the               rules defined in the European Code of Good Administrative
      European Community, in which position he would have                  Behaviour, has violated the rights of the applicant and has
      been if the defendant’s several maladministrations had               manipulated the applicant’s file.
      not occurred;
                                                                           According to the applicant, the defendant did not respect the
—     or, alternatively, order the defendant to invite the appli-          principle that applications must be examined in the light of
      cant to sign the Framework Partnership Agreement now                 the requirements defined in the rules in force at the moment
      in force;                                                            of the application. Likewise, the applicant was not informed of
                                                                           the request for information sent by the defendant to the
—     order the defendant to reimburse to the applicant the                German Foreign Office and the suspension of the application.
      costs he had to bear in pursuing a complaint against the             The applicant also claims that he was not heard on these
      European Commission at the office of the European                    decisions. Furthermore, the applicant submits that its appli-
      Ombudsman, amounting at EUR 14 562,00;                               cation was not dealt with within a reasonable period.
—     order the defendant to pay the applicant’s costs arising in
      connection with this application as well as the cost of the          The applicant claims that the defendant also violated articles 5
                                                                           and 10 of the EC Treaty by insisting on an audit of the
      present procedure.
                                                                           applicant’s organisational, structural and financial situation.
                                                                           This competence lies, according to the applicant, solely with
                                                                           the German authorities.
Pleas in law and main arguments
                                                                           The applicant finally claims that the defendant should grant a
The applicant is a non-governmental organisation, established              financial compensation for the costs incurred following the
under German law and working in the field of international                 complaint lodged with the European Ombudsman.