CELEX: C2000/355/59
Language: en
Date: 2000-12-09 00:00:00
Title: Case T-249/00: Action brought on 15 September 2000 by P. E. Hoyer against the Commission of the European Communities

9.12.2000             EN                     Official Journal of the European Communities                                       C 355/27
Action brought on 15 September 2000 by P. E. Hoyer                      Ground of application for annulment of Decision R/78/2000:
  against the Commission of the European Communities
                                                                        In so far as the termination of employment was legally
                        (Case T-249/00)                                 valid, notice thereof was given for a legally incorrect date
                                                                        (23 November 1999 instead of 15 February 2000). The term
                                                                        of notice must be extended by a number of days of illness.
                        (2000/C 355/59)
                                                                        Ground of application for annulment of Decision R/26/2000:
                   (Language of the case: Dutch)
                                                                        In so far as the termination of employment was legally valid,
                                                                        the amount of leave outstanding as at the date of termination
An action against the Commission of the European Communi-               of employment was wrongly calculated (contrary to the ‘just
ties was brought before the Court of First Instance of the              solution’ as referred to in the 1994 judgment).
European Communities on 15 September 2000 by P. E. Hoyer,
residing at Hoeilaart, Belgium, represented by G. van der Wal,
of the Hague Bar, of the firm Barents & Krans, with an address
for service in Luxembourg at the Chambers of A. May, of the
Luxembourg Bar, 398 Route d’Esch, L-1471 Luxembourg.
The applicant claims that the Court of First Instance should:           Action brought on 16 September 2000 by Bauer SpA and
                                                                        Others against Commission of the European Communities
1.    declare the application admissible;
                                                                                   (Case T-253/00, T-255/00 and T-256/00)
2.    annul the contested decisions            (R/26/2000     and
      R/78/2000) of 14 June 2000;
                                                                                                 (2000/C 355/60)
3.    order the defendant to pay the costs of these proceedings.
                                                                                           (Language of the case: Italian)
Pleas in law and main arguments
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
In 1990 the applicant took part in an internal competition. By          European Communities on 16 September 2000 by Bauer SpA
judgment in Case T-43/91 [1994] ECR-SC II-297, the Court                and Others, represented by Andrea Bortoluzzi, of the Venice
of First Instance upheld the applicant’s application for annul-         Bar, and Gian Michele Roberti and Francesco Sciaudone, of the
ment of the decision of the selection board not to place him            Naples Bar.
on the list of successful candidates. By judgment of the same
date, his application for annulment of the termination of his           The applicant claims that the Court should:
contract of employment as a member of the temporary staff
was also upheld (Case T-51/91 [1994] ECR-SC II-341).                    —     annul Commission Decision 2000/394/EEC;
According to the applicant, in 1998 the Commission, contrary            —     in the alternative, annul Article 5 of the Decision;
to the agreements made between the parties, decided to re-
open the aforementioned internal competition. The applicant             —     order the Commission to pay the costs.
was again not placed on the list of successful candidates; he
lodged an application for annulment of that decision also
(Case T-119/99).                                                        Pleas in law and main arguments
Referring to the last-mentioned decision of the selection board,        The pleas in law and main arguments are those relied upon in
the Commission terminated his employment as a member of                 Cases T-234/00 Fondazione Opera S. Maria della Carità v
the temporary staff (contract for an indefinite period). The            Commission and T-235/00 Codess Sociale and Others (1).
applicant lodged an application for annulment of that decision
also (Case T-70/00).                                                    The applicants allege in particular that the decision to recover
                                                                        the aid in question infringes Article 87(1) and (3)(c) and (d) of
                                                                        the Treaty and breaches of the principles of proportionality
By decision of 14 June 2000 (R/78/2000), the defendant
                                                                        and equal treatment.
refused to reconsider its position regarding the date on which
the contract of employment ended. By decision of the same
date (R/26/2000), the defendant refused to declare that six             (1) Not yet published.
days’ leave had been wrongly deducted and that the applicant
was still entitled to 55 days’ leave. The present application
seeks the annulment of both decisions.