CELEX: C1999/100/40
Language: en
Date: 1999-04-10 00:00:00
Title: Case T-26/99: Action brought on 25 January 1999 by Garage Trabisco SA against the Commission of the European Communities

10.4.1999            EN                  Official Journal of the European Communities                                      C 100/21
protection of legitimate expectations and of the duty to            The complaint relates to the following conduct:
have inasmuch as he was refused promotion in 1998
despite the fact that, by virtue of his name having already
been entered on the list of officials most deserving of             Ð concertation between PSA and its concessionaires at
promotion in 1997, his entitlement to promotion should                   national and local level with a view to impeding
have been given priority over that of other officials.                   parallel imports;
                                                                    Ð obstruction of supplies by the exertion of pressure of
He also pleads infringement of Article 45(1) of the Staff                foreign concessionaires to dissuade them from
Regulations, inasmuch as the appointing authority did not                supplying vehicles to end-users domiciled in France;
undertake, in a reasonable and duly justified way, an
examination of the comparative merits of the eligible
candidates.                                                         Ð use of the so-called model-year date' sales technique;
                                                                         and
                                                                    Ð the existence of measures accompanying so-called
                                                                         Balladur' State premiums.
                                                                    The applicant considers that the Commission failed, both
Action brought on 25 January 1999 by Garage Trabisco                in its summary of the complaint and in the presentation of
SA against the Commission of the European Communities               its statement of reasons, with a view to justifying the lack
                                                                    of a sufficient Community interest, to demonstrate the
                       (Case T-26/99)                               partitioning of the markets and the obstruction of
                      (1999/C 100/40)                               supplies, such as the concerted efforts made to prevent
                                                                    access to the parallel imports market by the misuse of
                                                                    the national proedures. Consequently, the defendant
                                                                    institution has failed to fulfil its obligations relating to the
               (Language of the case: French)                       examination of complaints submitted in competition
                                                                    matters.
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 25 January
1999 by Garage Trabisco SA, established at Cognac
(France), represented by Jean Claude Fourgoux, of the
Paris Bar,with an address for service in Luxembourg at the
Chambers of Pierrot Schiltz, 4 Rue BeÂatrix de Bourbon.             Action brought on 25 January 1999 by Sigma Tecnologie
                                                                    di Rivestimento SRL against the Commission of the
                                                                                        European Communities
                                                                                            (Case T-28/99)
The applicant claims that the Court should:
                                                                                           (1999/C 100/41)
Ð annul the decision of the Commission of 16/                                       (Language of the case: Italian)
    17 November 1998;
                                                                    An action against the Commission of the European
Ð order the Commission to pay the costs.                            Communities was brought before the Court of First
                                                                    Instance of the European Communities on 25 January
                                                                    1999 by Sigma Tecnologie di Rivestimento SRL, whose
                                                                    registered office is in Lonato (Italy), represented by
Pleas in law and main arguments adduced in support                  Aurelio Pappalardo, of the Trapani Bar, and Massimo
                                                                    Merola, of the Rome Bar, with an adress for service in
                                                                    Luxembourg at the Chambers of Alain Lorang, Rue
                                                                    Albert 1er 51.
By its action, the applicant company contests the decision
of the Commission rejecting the complaint lodged by it
concerning the steps taken by the Peugeot Group (PSA)               The applicant claims that the Court should:
and certain of its concessionaires to impede its activities as
an independent agent/reseller, pursuant to an illegal
agreement between PSA and its concessionaires covering              Ð annul Article 1 of Commission Decision K(1998) 3117
the whole of the territory of France.                                    final of 21 October 1998 (Case IV/35.691/E-4