CELEX: C1997/318/47
Language: en
Date: 1997-10-18 00:00:00
Title: Action brought on 17 July 1997 by Bernard Lavorel against the Commission of the European Communities (Case T-214/97)

C 318/24               EN                 Official Journal of the European Communities                                 18 . 10 . 97
the Council did not state any reasons for its decision and           linguist with responsibility at the time for automatic
did not publish its Decision as required by Article 14 ( 2 )         translation in Brussels' was not sufficient positively to
of Regulation (EC ) No 384/96 .                                      identify the applicant, and, even if it were, it was not
                                                                     defamatory.
The second to 14th applicants will suffer loss arising
directly out of the Council's Decision. The Commission's             In support of his claims, the applicant argues in particular
definitive findings in the anti-dumping investigation were           that there is nothing in Article 24 of the Staff Regulations
that, if duties were not imposed, the negative trend of the          to the effect that, in the case of damage caused to an
Community industry would continue, with the possibility              official by statements, allusions or allegations concerning
of its disappearance .                                               his character, the duty to provide assistance applies only
                                                                     where it is established that those statements, allusions or
                                                                     allegations are false. Specifically, for defamation to have
                                                                     taken place it is not necessary that the inaccuracy of the
                                                                     alleged fact be proven, but merely that its accuracy be not
                                                                     proven .
Action brought on 17 July 1997 by Bernard Lavorel
                                                                     The applicant also complains that the inquiry procedure
   against the Commission of the European Communities
                                                                     concerning his request for assistance did not give him the
                        ( Case T-214/97 )                            opportunity to state his case .
                          ( 97/C 318/47)
                                                                     Finally, the applicant claims that a parallel file exists in
                                                                     relation to him, and complains of the Commission's
                (Language of the case: French)                       unwillingness to promote him, which, he maintains, is
                                                                     influenced by documents included in that file, of whose
                                                                     existence he was unaware .
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 17 July 1997                 (■) [ 1995 ECR-SC IA, p. 233 .
by Bernard Lavorel, residing in Brussels, represented by
Yves Rosenoer, of the Brussels Bar with an address for
service at 98 , rue J. B. Colyns.
The applicant claims that the Court should:
                                                                     Action brought on 24 July 1997 by Lema SA against the
                                                                               Commission of the European Communities
— annul the Commission's decision of 15 May 1997 on                                           Case T-216/97 )
     the applicant's complaint by registered letter of
     16 December 1996,                                                                        ( 97/C 318/48 )
— order the Commission to assist the applicant,                                       (Language of the case: French)
— order the Commission to make good the damage                       An action against the Commission of the European
                                                                     Communities was brought before the Court of First
     suffered by the applicant.
                                                                     Instance of the European Communities on 24 July 1997
                                                                     by Lema SA, whose registered office is at Gennevilliers
                                                                     ( France ), represented by Fabrice Goguel, of the Paris Bar,
Pleas in law and main arguments adduced in support:                  with an address for service in Luxembourg at the
                                                                     Chambers of Aloyse May, 31 Grand-Rue .
The applicant challenges the refusal of the Commission to            The applicant claims that the Court should:
provide him with assistance, pursuant to Article 24 of the
Staff Regulations, following a number of allegedly
defamatory statements contained in tracts distributed by             — annul the Commission Decision dated 24 April 1997,
the R and D trade union, according to which Mr Lavorel
had directly contributed to the drawing up of a parallel
file concerning another official .                                   — declare the applicant entitled to non-recovery, post­
                                                                           clearance, of the duties in dispute,
The Commission maintains that the tracts in question did             — in the alternative, declare the applicant entitled to the
no more than reproduce recitals in the judgment of the                     remission of those duties,
Court of First Instance in Joined Cases T-39/93 and T-553/
93 , Baltsavias v. Commission ('). Moreover, the reference
in the publication in question to a 'French former lawyer­           — order the Commission to pay the costs.