CELEX: C2001/245/46
Language: en
Date: 2001-09-01 00:00:00
Title: Case T-143/01: Action brought on 22 June 2001 by Raymond Maxwell against Commission of the European Communities

1.9.2001                 EN                      Official Journal of the European Communities                                     C 245/29
—      Lack of legal basis                                                  Pleas in law and main arguments
       Commission Regulation (EC) No 142/98 of 21 January                   The applicant took part in Competition COM/TB/99. He
       1998 (5), which contains the provisions in force concern-            challenges his not being placed on the reserve list for the
       ing compensatory allowances, does not lay down any                   recruitment of Administrative Assistants, Senior Administrat-
       specific rule on which the Commission might base itself              ive Assistants and Principal Administrative Assistants.
       in order to ’revise downwards’ the production averages
       for the last three fishing years in the event that one of the
       members leaves a producers’ organisation.                            In support of his application, the applicant claims breach of:
—      Breach of the principle of legitimate expectations                   —     the principle of equal treatment;
                                                                            —     the procedural guarantees afforded by the Community
       According to the legislation in force when the contested                   legal system;
       regulations were adopted and entered into force, the
       applicant legitimately expected to receive higher com-               —     essential procedural requirements and, in particular,
       pensatory allowances. Such expectations were dashed                        infringement of the rules governing the running of
       when the applicable rules were changed under the                           competitions such as those laid down in Article 3(1) of
       contested provisions.                                                      Annex II to the Staff Regulations and in the ’Guide for
                                                                                  selection boards and committees’;
( 1) OJ 2001 L 86, p 4.                                                     —     the legal framework of the competition notice; and
( 2) OJ 2001 L 86, p. 8.
( 3) OJ 2001 L 118, p. 12.
                                                                            —     the obligation to provide a statement of reasons.
( 4) OJ 2001 L 159, p. 10.
( 5) Commission Regulation (EC) No 142/98 of 21 January 1998
     laying down detailed rules for granting the compensatory allow-
     ance for tuna intended for the processing industry (OJ 1998 L 17,
     p. 8).
                                                                            Action brought on 20 June 2001 by Benito Latino against
                                                                                     Commission of the European Communities
                                                                                                     (Case T-145/01)
Action brought on 22 June 2001 by Raymond Maxwell
      against Commission of the European Communities
                                                                                                     (2001/C 245/47)
                           (Case T-143/01)
                                                                                               (Language of the case: French)
                           (2001/C 245/46)
                                                                            An action against the Commission of the European Communi-
                                                                            ties was brought before the Court of First Instance of the
                     (Language of the case: French)                         European Communities on 20 June 2001 by Benito Latino,
                                                                            residing in Lauzun (France), represented by George Vander-
                                                                            sanden and Laure Levi, lawyers.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 June 2001 by Raymond                             The applicant claims that the Court should:
Maxwell, residing in Lasne (Belgium), represented by Jean-Noël
Louis and Véronique Peere, lawyers.                                         —     annul the decision of the appointing authority of
                                                                                  10 August 2000 not to acknowledge the occupational
                                                                                  origin of his arthritic symptoms;
The applicant claims that the Court should:
                                                                            —     annul the consequential decisions to charge to the
—      annul the decision of the selection board for competition                  applicant the fees and incidental expenses of the doctor
       COM/TB/99 to award to the applicant for the oral test a                    appointed by the applicant to the Medical Committee
       mark too low to allow him to be placed on the reserve                      and half of the fees and incidental expenses of the third
       list;                                                                      doctor;
—      order the defendant to pay the costs.                                —     order the defendant to pay all the costs.