CELEX: C1999/071/56
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 18 December 1998 by Yannis Tzikis against the Commission of the European Communities (Case T-203/98)

C 71/30               EN                  Official Journal of the European Communities                                13.3.1999
invalid. In the alternative, it argues that most of the delays       Pleas in law and main arguments adduced in support:
were either caused by the Commission, or cases of force
majeure, so that, even if the clauses are considered valid,
                                                                     The applicant states that the contested decision removing
the amount of the deductions made by the Commission
                                                                     him from his post is based on the complaint that he took
should be reduced.
                                                                     part in internal competition COM/B/18/96 with prior
                                                                     knowledge of the subject-matter of some of the tests and
                                                                     without informing the selection board in advance that he
The applicant also seeks an order that the Commission
                                                                     possessed that knowledge. He accepts that complaint, but
pay it interest in respect of delay, since the final payment
                                                                     maintains that the contested decision disregarded the
for the supplies was not made within the period prescribed
                                                                     reasoned opinion of the Disciplinary Board, which
in the agreements.
                                                                     proposed merely the temporary suspension, for a period of
                                                                     two years, of his entitlement to advancement to a higher
                                                                     step.
Finally, it submits that when the agreements were put into
effect, the Commission questioned the Community origin
of some of the tools and halted their manufacture at the             The applicant puts forward the following pleas in support
time, which caused it to incur considerable additional               of his application:
expenditure.      The    applicant     considers    that   the
Commission's action constitutes a breach of contract
                                                                     Ð Breach of the obligation to provide a statement of
entitling it to damages.
                                                                         reasons, as regards, in particular, the reasons for
                                                                         which a more severe penalty was imposed, as well as
(1) OJ L 204, 25.7.1987, p. 1.                                           the failure to mention any possible mitigating factors.
                                                                     Ð Manifest error of assessment giving rise to a breach
                                                                         of the principles of proportionality and non-
                                                                         discrimination.
Action brought on 18 December 1998 by Yannis Tzikis                  Ð Breach of the duty to have regard for the welfare and
   against the Commission of the European Communities                    interests of officials.
                       (Case T-203/98)
                                                                     Ð Infringement of procedural requirements and of the
                        (1999/C 71/56)
                                                                         rights of the defence, inasmuch as the appointing
                                                                         authority did not even carry out an investigation or
                                                                         make any detailed and impartial inquiries.
                (Language of the case: French)
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 18 December
1998 by Yannis Tzikis, residing at Boortmeerbeek                     Action brought on 21 December 1998 by Clauni S.A. and
(Belgium), represented by Georges Vandersanden and                   Others against the Commission of the European
Laure Levi, of the Brussels Bar, with an address for service                                   Communities
in Luxembourg at the offices of Fiduciaire Myson SARL,
                                                                                             (Case T-205/98)
30 Rue de Cessange.
                                                                                              (1999/C 71/57)
The applicant claims that the Court should:
                                                                                    (Language of the case: French)
Ð annul the decision taken by the appointing authority               An action against the Commission of the European
    on 27 October 1998, by which it removed the                      Communities was brought before the Court of First
    applicant from his post with effect from 1 November              Instance of the European Communities on 21 December
    1998;                                                            1998 by Clauni S.A., Jean Marie BissieÁres, Loma S.A. and
                                                                     AndreÂ Lompech, respectively domiciled at Le Passage, La
                                                                     Croix Blanche and Penne d'Agenais (France), represented
Ð order the Commission to pay damages by way of                      by Daniel VeyssieÁre, of the Bar of Villeneuve sur Lot
    compensation for the loss suffered by him as a result            (France), with an address for service in Luxembourg at the
    of the illegality of the decision of the appointing              Chambers of Aloïse May, 31 Grand-Rue.
    authority of 27 October 1998, those damages being
    provisionally quantified in the sum of 1 euro;
                                                                     The applicants claim that the Court should:
Ð order the Commission to pay the costs.                             Ð allow the applicants' claim to be entitled to a rebate.