CELEX: C2000/122/60
Language: en
Date: 2000-04-29 00:00:00
Title: Case T-37/00: Action brought on 24 February 2000 by Yannick Chevalier-Delanoue against the Council of the European Union

29.4.2000             EN                     Official Journal of the European Communities                                       C 122/39
Action brought on 21 February 2000 by Eurocool Logistik                 Action brought on 24 February 2000 by Yannick Cheva-
GmbH against the Office for Harmonisation in the                         lier-Delanoue against the Council of the European Union
         Internal Market (Trade Marks and Designs)
                                                                                                  (Case T-37/00)
                         (Case T-34/00)
                                                                                                 (2000/C 122/60)
                        (2000/C 122/59)
                                                                                            (Language of the case: French)
                  (Language of the case: German)
                                                                        An action against the Council of the European Union was
                                                                        brought before the Court of First Instance of the European
An action against the Office for Harmonisation in the Internal          Communities on 24 February 2000 by Yannick Chevalier-Del-
Market (Trade Marks and Designs) was brought before the                 anoue, residing at Brussels, represented by Georges Vander-
Court of First Instance of the European Communities on                  sanden and Laure Levi, of the Brussels Bar, with an address for
21 February 2000 by Eurocool Logistik GmbH, Linz, Republic              service in Luxembourg at the offices of the Société de Gestion
of Austria, represented by Dr. Günther Secklehner, Phyrnstras-          Fiduciaire SARL, 2-4 Rue Beck.
se 1, Liezen, Republic of Austria.
                                                                        The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                        — annul Council Decision 1999/307/EC of 1 May 1999
                                                                             laying down the detailed arrangements for the integration
— annul decision R233/1999-1 of the Board of Appeal of                       of the Schengen Secretariat into the General Secretariat of
    9 December 1999, confirming the decision of 11 March                     the Council;
    1999 and refer the mark back to the Office for registration
    to proceed;
                                                                        — annul the decision to appoint Ms R. to an LA 5 post in the
                                                                             French Division of the Translation Service of the Council;
— in the alternative, partially annul the decision of the Board
    of Appeal referred to at indent one above and refer the             — annul the implied consecutive decision not to appoint the
    mark back to the Office for registration to proceed on the               applicant to such a post;
    basis of a limited designation of goods;
                                                                        — order the defendant to draw all the necessary legal
— order the defendant to pay the costs of the procedure,                     consequences as regards the reinstatement of the appli-
    including the costs of the procedure before the Board of                 cant’s rights;
    Appeal.
                                                                        — failing that, order the defendant to pay compensation for
                                                                             the damage suffered, both material and non-material,
Pleas in law and main arguments                                              provisionally quantified at 1 euro, plus-interest charged for
                                                                             late payment as from 1 May 1999;
Trade mark                    Word mark ‘EUROCOOL’ —                    — order the defendant to pay all the costs.
                              application no. 285536
Goods or services             Goods and services in classes 39          Pleas in law and main arguments
                              and 42 (including storage and
                              transport of goods, especially
                                                                        The applicant is an official in the French Translation Division
                              refrigerated and deep frozen
                                                                        of the Language Service of the Council. He contests the
                              goods; setting up logistical sys-
                                                                        appointment of a former member of staff in the Schengen
                              tems for the transport and storage
                                                                        Secretariat to an LA 5 post in the division to which he is
                              of such goods)
                                                                        assigned. That decision of appointment includes an implied
                                                                        decision not to appoint the applicant to such a post and
Decision         contested    Refusal to register by the Exam-          constitutes an individual measure implementing Decision
before the Board of           iner                                      1999/307/EC. In his application, the applicant pleads the
Appeal                                                                  illegality of that decision and of the individual decisions taken
                                                                        by the Council.
Pleas in law relied on        — Infringement of Article 7(1)(b)
                                  of Regulation No 40/94
                                                                        In support of his claim for the annulment of Decision
                              — Infringement of Article 7(1)(c)         1999/307, the applicant pleads:
                                  of Regulation No 40/94
                                                                        — infringement of Article 7 of the Protocol integrating the
                                                                             Schengen acquis into the framework of the European
                                                                             Union;
 ---pagebreak--- C 122/40               EN                     Official Journal of the European Communities                                     29.4.2000
— infringement of Articles 4 and 27 to 29 of the Staff                   — order the defendant to give all due legal effect to the
    Regulations;                                                             reestablishment of the rights of the applicant;
— a mistake of law consisting in the absence of any objective            — otherwise, order the defendant to make good both the
    justification for using the date of 2 October 1997 as a                  material and non-material damage suffered, provisionally
    criterion for taking into consideration the persons working              evaluated at EUR 1, together with default interest as from
    in the Schengen Secretariat for the purposes of their being              1 May 1999;
    integrated into the General Secretariat of the Council;
                                                                         — order the defendant to pay all the costs.
— breach of the principle of non-discrimination;
— infringement of Article 7 of the Staff Regulations and of              Pleas in law and main arguments
    the interest of the service.
                                                                         The applicant passed competition LA/365 of the Council with
                                                                         a view to the setting-up of a list for the recruitment of
As regards the annulment of the individual decisions, the                Portuguese mother-tongue translators. She challenges the
applicant pleads:                                                        decisions to appoint four former agents of the Schengen
                                                                         Secretariat to LA 7 posts in the Portuguese division of the
— breach of the principle of legitimate expectations;                    Council’s Language Service. Those appointments imply a
                                                                         decision to refuse to take into account the applicant’s candi-
— breach of the principle of having regard for the welfare of            dature and constitute individual measures implementing
    officials and of the principle of sound management.                  Decision 1999/307/EC. In her application, the applicant
                                                                         alleges the unlawfulness of the decision and of the individual
                                                                         decisions taken by the Council.
                                                                         The arguments put forward by the applicant are similar to
                                                                         those put forward in Case T-37/00.
Action brought on 24 February 2000 by Virginia Joaquim
       Matos against Council of the European Union
                         (Case T-38/00)
                                                                         Action brought on 28 February 2000 by Javier Martinez
                                                                         Lara and Milva Urbán Penón against the Council of the
                        (2000/C 122/61)                                                         European Union
                                                                                                  (Case T-43/00)
                   (Language of the case: French)
                                                                                                 (2000/C 122/62)
An action against Council of the European Union was brought
before the Court of First Instance of the European Communities
on 24 February 2000 by Virgı́nia Joaquim Matos, residing in                                (Language of the case: French)
Montijo, Portugal, represented by Georges Vandersanden and
Laure Levi, of the Brussels Bar, with an address for service in
Luxembourg at Société de Gestion Fiduciaire SARL, 2-4 Rue                An action against the Council of the European Union was
Beck.                                                                    brought before the Court of First Instance of the European
                                                                         Communities on 28 February 2000 by Javier Martinez Lara
                                                                         and Milva Urbán Penón, residing at Brussels, represented by
The applicant claims that the Court should:                              Jean-Noël Louis, Greta-Françoise Parmentier and Véronique
                                                                         Peere, of the Brussels Bar, with an address for service in
— annul decision 1999/307 of the Council of 1 May 1999                   Luxembourg at the offices of the Société de Gestion Fiduciaire
    laying down the detailed arrangements for the integration            SARL, 2-4 Rue Beck.
    of the Schengen secretariat into the General Secretariat of
    the Council;                                                         The applicants claim that the Court should:
— annul the decisions to appoint four persons to LA 7 posts              — annul the decision of the appointing authority of 28 July
    in the Portuguese Division of the Council’s Language                     1999 to reject the applicants’ application to define Compe-
    Service;                                                                 tition B/260 as a ‘non-specialised’ competition concerning
                                                                             passage from one category to another for the purpose of
— annul the subsequent implied decisions not to appoint the                  drawing up a reserve list of administrative assistants of
    applicant to one of those posts;                                         Grade B5;