CELEX: C2000/316/51
Language: en
Date: 2000-11-04 00:00:00
Title: Case T-208/00: Action brought on 9 August 2000 by Jeremías Augusto Barleycorn Mongolue and Marc Boixader Rivas against the Council of the European Union and the European Parliament

C 316/26                EN                    Official Journal of the European Communities                                       4.11.2000
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                             Mongolue and Marc Boixader Rivas residing in Madrid,
                              INSTANCE                                   represented by their legal adviser Diego López Garrido.
                           of 20 July 2000                               The applicants claim that the Court of First Instance should:
in Case T-137/00 R Cambridge Healthcare Supplies Ltd v                   —     Annul the notices of competition for open competitions
         Commission of the European Communities                                EUR/A/159/2000 and PE/90/A; and
(Proceedings for interim relief — Withdrawal of the market-              —     Annul the guide for candidates taking part in interinsti-
ing authorisation for medicinal products for human use                         tutional competitions
containing ‘phentermine’ — Directive 75/319/EEC — Sus-
pension of the operation of the withdrawal decision until a
final order in the proceedings for interim relief has been               Pleas in law and main arguments
                                made)
                                                                         The present action is directed against the notices of compe-
                          (2000/C 316/50)                                tition in respect of open competitions EUR/A/159/2000
                                                                         and PE/90/A (1), in so far as they make admission to the
                   (Language of the case: English)                       competitions subject to the requirement that the applicant is
                                                                         the holder of a Spanish honours degree (‘licenciado’) and has
                                                                         not merely completed a three year university course, such as
In Case T-137/00 R Cambridge Healthcare Supplies Ltd, whose              technical engineering. In conjunction with that claim for
registered office is in Norfolk, United Kingdom, represented             annulment, the action challenges paragraph E 1.(a) of the guide
by D. Vaughan, K. Bacon, Barristers and S. Davis, Solicitor,             for candidates taking part in interinstitutional competitions (2).
with an address for service in Luxembourg at the Chambers of
A. Moro, Kremer Associés and Clifford Chance, 6 Rue Heinrich
Heine v Commission of the European Communities, (Agents:                 In support of their claims, the applicants, who are both
R. Wainwright and H. Støvlbæk), application under                        technical engineers, make the following pleas:
Article 105(2) of the Rules of Procedure of the Court of First
Instance for suspension of the operation of the Commission’s             —     The contested documents are vitiated by arbitrariness and
decision of 9 March 2000 concerning the withdrawal of                          misuse of powers.
marketing athorisation of medicinal products for human use
which contain the following substance: ‘Phentermine’ (C(2000)            —     Breach of the principles of equal treatment, pro-
452), the President of the Court has made an order on 20 July                  portionality, legal certainty and legitimate expectations.
2000 the operative part of which is as follows:
                                                                         —     Breach of the principle of legality and of the right of
1.    The operation of the Commission Decision of 9 March 2000                 access to employment in the Community civil service.
      concerning the withdrawal of marketing authorisations of
      medicinal products for human use which contain the following       In particular it is claimed that:
      substance: ‘Phentermine’ (C(2000) 452) is suspended until the
      making of the order terminating the proceedings for interim
                                                                         —     the Spanish Supreme Court, in a judgment of 24 January
      relief.
                                                                               2000, held that technical engineers are ‘titulados superior-
2.    The costs are reserved.                                                  es’ (holders of higher educational qualifications);
                                                                         —     while Spanish technical engineers do not have access to
                                                                               Category A posts in the European civil service, such posts
                                                                               are open to other professionals who have completed
                                                                               degree courses of a similar length, such as German,
                                                                               English or Irish engineers; and
Action brought on 9 August 2000 by Jeremı́as Augusto
Barleycorn Mongolue and Marc Boixader Rivas against                      —     the defendant institutions infringed Article 5 of the
the Council of the European Union and the European                             Staff Regulations in so far as the expression ‘university
                              Parliament                                       education’, which is found in that provision, is translated
                                                                               in the contested documents by expressions such as
                                                                               ‘higher’ (‘superior’) university education, ‘honours degree’
                          (Case T-208/00)
                                                                               (‘licenciatura’) and ‘university degree awarded on com-
                                                                               pletion of a course of studies of a particular length’ (‘ciclo
                          (2000/C 316/51)                                      largo’).
                   (Language of the case: Spanish)                       (1) OJ C 162 A, 10.6.2000, p. 10 (Spanish-language edition).
                                                                         (2) Ibid. p. 1.
An action against the Council of the European Union and the
European Parliament was brought before the Court of First
Instance on 9 August 2000 by Jeremı́as Augusto Barleycorn