CELEX: C2000/006/52
Language: en
Date: 2000-01-08 00:00:00
Title: Case T-230/99: Action brought on 13 October 1999 by Hans Mc Auley against the Council of the European Union

8.1.2000              EN                      Official Journal of the European Communities                                     C 6/29
The Commission states, as sole reason for the rate of return it          — annul the decisions appointing two other persons to the
regards as usual in the market on the part of the Wfa assets                 posts of Head of the English Language Division and Legal
which is economically usable for the applicant, that in its                  Adviser;
Crédit Lyonnais decision of 1995 it likewise regarded a return
of 12 % after tax as reasonable. The Crédit Lyonnais decision            — order the Council to pay the costs.
is not applicable to the present case, however, because Crédit
Lyonnais was a case of restructuring.
                                                                         Pleas in law and main arguments
The Commission confuses return on equity from the point of
view of the undertaking with return on investment from the
point of view of the capital investor, and wrongly assumes               The applicant contests the appointing authority’s refusal to
that expectations as to returns are in principle to be understood        accept his applications for two grade LA 3 posts.
as net return.
                                                                         In support of his claims, he pleads infringement of:
The rate of return of 12 % after tax for capital investments
used by the Commission is not tenable. The Commission has
confused pre-tax and after-tax figures.                                  — Articles 29 and 45 of the Staff Regulations;
The transfer of Wfa to Westdeutsche Landesbank Girozentrale              — the promotions procedure;
does not have any special features which could justify an
additional 1.5 % on top of the 12 % after tax.                           — the principles of equal treatment and career progression.
The Commission wrongly assumes that the applicant also has               Lastly, the applicant pleads misuse of powers in the present
to pay a consideration for the part of the Wfa assets which is           case.
not usable for it.
Finally, the Commission wrongly fails to take account of the
synergy effects created by the merger of the two credit
institutions in calculating the amount of the consideration to
be paid.
                                                                         Action brought on 12 October 1999 by Colin Joynson
                                                                           against the Commission of the European Communities
                                                                                                 (Case T-231/99)
Action brought on 13 October 1999 by Hans Mc Auley
         against the Council of the European Union
                                                                                                  (2000/C 6/53)
                        (Case T-230/99)
                                                                                           (Language of the case: English)
                          (2000/C 6/52)
                                                                         An action against the Commission of the European Communi-
                   (Language of the case: French)                        ties was brought before the Court of First Instance of the
                                                                         European Communities on 12 October 1999 by Colin Joyn-
                                                                         son, represented by Beeket Bedford, of the Middle Temple
An action against the Council of the European Union was                  and by Messrs Ferdinand Kelly, Solicitors, 21 Bennetts Hill,
brought before the Court of First Instance of the European               Birmingham, B2 5QP, United Kingdom.
Communities on 13 October 1999 by Hans Mc Auley, residing
at Wezembeek-Oppem (Belgium), represented by Jean-Noël
Louis, Greta-Françoise Parmentier and Véronique Peere, of the            The applicant claims that the Court should:
Brussels Bar, with an address for service in Luxembourg at the
offices of Fiduciaire Myson SARL, 30 Rue de Cessange.                    — annul the decision of the Commission in Case
                                                                             IV/36.081/F3 — Bass dated 16 June 1999;
The applicant claims that the Court should:
                                                                         — declare that the Commission is required under Article 233
— annul the Council’s decisions rejecting his applications for               of the Treaty establishing the European Community to
    the grade LA 3 posts of Head of the English Language                     take the necessary measures to comply with the judgment
    Division and Legal Adviser in that division;                             to be delivered;