CELEX: C1998/312/44
Language: en
Date: 1998-10-10 00:00:00
Title: Action brought on 2 August 1998 by Claude Bochu against the Commission of the European Communities (Case T-123/98)

C 312/18             EN                 Official Journal of the European Communities                                      10.10.98
Secondly, the applicant claims that there has been an              to be a member of the temporary staff, became for the
infrignement of Regulation (EEC) No 4064/89. The                   first time an official as such, or it relied on Articles 31 and
prerequisites for a prohibition of the Bertelsmann/Kirch/          32 of the Staff Regulations and should state the reasons
Premiere/DF1/DSF concentration were not met, since the             for its refusal to attach any weight whatever to the
concentration would not alter the market position. The             professional experience gained by the applicant over a
concentration in BetaDigital was also wrongly prohibited,          period of nearly 13 years prior to his entry into service as
and the prohibition of the concentration in BetaResearch           an official.
could not be justified. That prohibition was not supported
by the necessary statement of reasons pursuant to                  The applicant advances the following pleas in support of
Article 190 of the EC Treaty.                                      his claims:
Thirdly, the applicant argues that the Commission should           Ð infringement of Articles 4, 7, 31 and 32 of the Staff
have allowed the concentration at least after the                       Regulations, in that, according to Community case-
participants had declared themselves willing to give                    law, Article 32 of the Staff Regulations governs the
undertakings which would allow and encourage                            position of staff members who become Community
competition by third parties in the areas of both                       officials for the first time following a recruitment
technology and programme rights.                                        procedure. By contrast, Article 46 of the Staff
                                                                        Regulations, on the basis of which the contested
                                                                        decision appears to have been adopted, is designed to
                                                                        govern the promotion of Community staff members
                                                                        who already possess the status of official,
Action brought on 2 August 1998 by Claude Bochu                    Ð breach of the obligation to provide a statement of
  against the Commission of the European Communities                    reasons, as laid down in Article 25 of the Staff
                       (Case T-123/98)                                  Regulations. The need to state such reasons is all the
                                                                        greater in the present case since the recruitment
                        (98/C 312/44)                                   procedure relating to the post in issue was initially
                                                                        open to grade A 4 officials and the defendant thus
               (Language of the case: French)
                                                                        implicitly accepted that the specific requirements of
                                                                        the post in question justified the recruitment of an
An action against the Commission of the European                        official of that grade.
Communities was brought before the Court of First
Instance of the European Communities on 2 August 1998
                                                                   Lastly, the applicant asserts that there has been in the
by Claude Bochu, residing in Brussels, represented by
                                                                   present case a manifest error of assessment, breach of the
Jean-NoeÈl Louis, VeÂronique Leclercq, Ariane Tornel and
                                                                   duty to have regard for the welfare and interests of
FrancËoise Parmentier, of the Brussels Bar, with an address
                                                                   officials and violation of the principles of good
for service in Luxembourg at the offices of Fiduciaire
                                                                   management and sound administration. He states in that
Myson SARL, 30 Rue de Cessange.
                                                                   regard that at no time during the procedure did either the
                                                                   Classification Committee or DG IX contact DG XI in
The applicant claims that the Court should:                        order to obtain information concerning the specific needs
                                                                   of the service, with the result that the appointing authority
Ð annul the Commission's decision to appoint the                   possessed no information whatever enabling it to examine
    applicant a probationer official, in so far as that            whether the specific needs of the service required the
    appointment classifies him in grade A 7, step 1,               recruitment of the applicant in a grade other than the
                                                                   lowest grade. Moreover, the appointing authority ignored
Ð order the defendant to pay the costs, including those            the fact that he possessed over seven years' post-university
    incurred by the applicant in defending his interests           experience and the level of responsibility of the duties
    during the pre-litigation stage.                               which had been entrusted to him in the Commission.
Pleas in law and main arguments adduced in support:
The applicant, a former grade B 3 member of the
temporary staff who, having passed internal competition
COM/A/16/93, was appointed to category A, contests the             Action brought on 2 August 1998 by Corrado Politi
decision of the appointing authority to classify him in                      against the European Training Foundation
grade A 7, step 1.
                                                                                           (Case T-124/98)
He observes, first, that the contested decision refers in its                               (98/C 312/45)
preamble to Articles 1, 2, 4, 29, 30, 31, 32 and 34 of the
Staff Regulations. Thus it did not officially refer to the                          (Language of the case: French)
third paragraph of Article 46 of the Staff Regulations,
which is nevertheless the only provision applicable to             An action against the European Training Foundation was
officials who, having passed a competition, move up to a           brought before the Court of First Instance of the European
higher category. In his view, therefore, either the                Communities on 2 August 1998 by Corrado Politi,
Commission relied on that provision and should state the           residing in Turin (Italy), represented by Jean-NoeÈl Louis,
reasons for applying it to the applicant, who, upon ceasing        Ariane Tornel and FrancËoise Parmentier, of the Brussels