CELEX: C1995/208/75
Language: en
Date: 1995-08-12 00:00:00
Title: Action brought on 19 June 1995 by Peter Gammeltoft against the Commission of the European Communities (Case T-132/95)

No C 208/36           EN                   Official Journal of the European Communities                                   12 . 8 . 95
Lars Bo Rasmussen, residing at Dalheim ( Luxembourg ),                Jean-Noel Louis, Thierry Demaseure and Ariane Tornel, of
represented by Carlo Revoldini , of the Luxembourg Bar,               the Brussels Bar, with an address for service in Luxembourg
with an address for service at the latter 's Chambers, 180            at the offices of Fiduciaire Myson Sari, 1 Rue Glesener.
Route de Longwy.
                                                                      The applicant claims that the Court should :
The applicant claims that the Court should :
                                                                      — annul the decision of the Commission fixing Brussels as
— annul the Commission's decision not to promote him to                    the applicant's place of recruitment, together with all
    grade A 4 in the 1992 promotions exercise and, in so far               subsequent decisions,
    as is necessary, the Commission's rejection, dated
    3 March 1995 , of his complaint and its decision to               — order the defendant to pay the costs.
    promote to grade A 4 the officials on the list published in
    Administrative     Information      Bulletin   No   859   of
                                                                      Pleas in law and main arguments adduced in support:
    8 September 1994 ,
                                                                      The pleas in law and main arguments are the same as those
— order the Commission to pay damages by way of                       in Case T-33/95 (').
    compensation for the material and non-material damage
    suffered by the applicant, further and better particulars
    of which he reserves the right to provide during the              (M OJ No C 101 , 22 . 4 . 1995 .
    proceedings,
— order the Commission to pay the costs .
Pleas in law and main arguments adduced in support:
                                                                      Action brought on 3 July 1995 by Friedrich Engelking
In support of his application, the applicant pleads                   against the Council of the European Union and the
infringement of Article 45 ( 1 ) of the Staff Regulations .                     Commission of the European Communities
                                                                                              ( Case T-138/95 )
In that connection he submits that the Commission was                                           ( 95/C 208/76 )
unable to take his merits as an official in grade A 5 into
consideration, since there was no staff report on him for the
                                                                                     (Language of the case: German)
period 1991 to 1993 .
Secondly, the applicant points out that the Commission                An action against the Council of the European Union and
compared his merits only with those of officials in                   the Commission of the European Communities was brought
Directorate-General       V     and  not  with    those  of  all      before the Court of First Instance of the European
Commission officials in grade A 5 who were eligible for               Communities on 3 July 1995 by Friedrich Engelking, of
promotion .                                                           Raddestorf, Federal Republic of Germany, represented by
                                                                      Bernd Meisterernst, Mechtild Düsing, Dietrich Manstetten,
Lastly, the applicant claims that promotions to grade A 4 are         Frank Schulze and Winfried Haneklaus , Rechtsanwälte,
not made on the basis of consideration of the comparative             Münster, with an address for service in Luxembourg at the
merits of the officials eligible for promotion but on the basis       Chambers of Dupong & Associés, 14a Rue des Bains .
of priority points which each Directorate-General has at its
disposal according to the number of officials eligible for            The applicant claims that the Court should :
promotion and which it may allocate as it wishes .
                                                                       1 . order the defendants to pay the applicant SLOM-II
                                                                            compensation for the period from 2 April 1984 to
                                                                            13 June 1991 in the amount of DM 110 021,93 together
                                                                            with interest at 8 % for the period from 19 May 1992,
                                                                            and order the defendants to pay the costs of the
                                                                            proceedings;
Action brought on 19 June 1995 by Peter Gammeltoft
  against the Commission of the European Communities
                                                                      2 . join the present application with the pending Case
                        ( Case T-132/95 )                                   T-77/93 Hülseberg and Others v. Council and
                          ( 95 /C 208/75                                    Commission and likewise stay the proceedings .
               (Language of the case: French)                         Pleas in law and main arguments adduced in support:
                                                                      The pleas in law and main arguments are similar to those in
An action against the Commission of the European                       Case T-20/94 .
Communities was brought before the Court of First
Instance of the European Communities on 19 June 1995 by
 Peter Gammeltoft, residing in Brussels, represented by