CELEX: C2000/176/40
Language: en
Date: 2000-06-24 00:00:00
Title: Case T-80/00: Action brought on 4 April 2000 by ACA — Associação Comercial de Aveiro against the Commission of the European Communities

C 176/22              EN                       Official Journal of the European Communities                                    24.6.2000
Communities (Agents N. Khan and F. Randolph) — application                       ORDER OF THE COURT OF FIRST INSTANCE
for annulment of Commission Regulation (EC) No 773/98 of
7 April 1998, imposing a provisional antidumping duty on                                         of 23 March 2000
imports of certain unbleached cotton fabrics originating in the
People’s Republic of China, Egypt, India, Indonesia, Pakistan             in Case T-234/99: Patrick Monod-Gayraud v Commission
and Turkey (OJ 1998 L 111, p. 19), the Court of First                                    of the European Communities (1)
Instance (Fifth Chamber, Extended Composition), composed
of J.D. Cooke, President, and R. Garcı́a-Valdecasas, P. Lindh,
J. Pirrung and M. Vilaras, Judges; Registrar: H. Jung, has made           (Action for annulment and compensation — National expert
an order on 28 January 2000 to the following effect:                      seconded to the Commission — Cost of accommodation —
                                                                          Time-limit for bringing proceedings — Proceedings brought
1. There is no need to adjudicate upon the application in this case.                       out of time — Inadmissibility)
2. Each party shall bear its own costs.                                                           (2000/C 176/39)
(1) OJ C 258 of 15.8.1998.                                                                   (Language of the case: French)
                                                                          In Case T-234/99: Patrick Monod-Gayraud, a national expert
                                                                          on secondment to the Commission of the European Communi-
                                                                          ties, residing in Warsaw (Poland), represented by H. Masse-
                                                                          Dessen, advocate with a right of audience before the Conseil
                                                                          d’État and the Cour de Cassation, and V. Ecker, of the
                                                                          Luxembourg Bar, with an address for service in Luxembourg
       ORDER OF THE COURT OF FIRST INSTANCE                               at the latter’s Chambers, 77 Boulevard Grande-Duchesse
                                                                          Charlotte, v Commission of the European Communities
                       of 30 March 2000                                   (Agents: J. Currall and F. Clotuche-Duvieusart) — application,
                                                                          first, for annulment of the Commission’s decision of 29 June
in Case T-33/99: Elvira Méndez Pinedo v European Central                  1999 refusing to pay the applicant’s accommodation expenses
                              Bank (1)                                    and, second, for compensation for the loss resulting therefrom
                                                                          — the Court of First Instance (Fifth Chamber), composed of:
                                                                          R. Garcı́a-Valdecasas, President, and P. Lindh and J.D. Cooke,
(Notice calling for applications for posts in the Legal Service           Judges; H. Jung, Registrar, made an order on 23 March 2000,
of the European Central Bank — Application for annulment                  the operative part of which is as follows:
            and compensation — Inadmissibility)
                                                                          1. The application is dismissed as inadmissible.
                        (2000/C 176/38)
                                                                          2. The applicant is to pay all the costs.
                  (Language of the case: Spanish)                         (1) OJ C 20 of 22.1.2000.
In Case T-33/99: Elvira Méndez Pinedo, residing in Madrid,
represented by Antonio Mendez Garcı́a, of the Madrid Bar,
2nd Floor, Calle Bravo Murillo, 28015 Madrid, v European
Central Bank (Agents: Antonio Sàiñz de Vicuña and Chiara
Zilioli) — application for annulment of the notice calling for
applications for posts in the Legal Service of the European               Action brought on 4 April 2000 by ACA — Associação
Central Bank, published in Official Journal C 159 A of 26 May             Comercial de Aveiro against the Commission of the
1998, and for compensation — the Court of First Instance                                      European Communities
(Second Chamber), composed of J. Pirrung, President, and
A. Potocki and A.W.H. Meij, Judges; H. Jung, Registrar, made                                       (Case T-80/00)
an order on 30 March 2000, the operative part of which is as
follows:
                                                                                                  (2000/C 176/40)
1. The action is dismissed as inadmissible.
                                                                                           (Language of the case: Portuguese)
2. The application for legal aid is dismissed.
                                                                          An action against the Commission of the European Communi-
3. The parties shall bear their own costs.
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 4 April 2000 by ACA — Associa-
(1) OJ C 121 of 1.5.1999.                                                 ção Comercial de Aveiro, a non-profit-making organisation,
                                                                          whose registered office is at Aveiro (Portugal), represented by
                                                                          João Amaral e Almeida and Bernardo Diniz de Ayala, of the
                                                                          Lisbon Bar.
 ---pagebreak--- 24.6.2000             EN                     Official Journal of the European Communities                                             C 176/23
The applicant claims that the Court should:                             B. Heading 14.2.5 (Reproduction of documents)
a) Declare admissible the present action and, accordingly,
    annul the decision of the Commission of the European                (a) I n a d e q u a t e s t a t e m e n t o f r e a s o n s
    Communities approving the claim for payment of the
    balance relating to file 890365 P1 of 30 November 1999,             In the present case, the applicant can discern no grounds
    notified to the applicant on 27 January 2000 by way of              relating to two essential aspects concerning the use of paper
    decision No 00724 of the DAFSE — Departamento para                  for the courses and the price of photocopying.
    os Assuntos do Fundo Social Europeu;
                                                                        Accordingly, the contested decision is vitiated by an inadequate
b) Order the Commission to pay the costs.                               statement of reasons, contrary to Article 253 EC, so that it
                                                                        must, accordingly, be annulled with all the legal consequences
                                                                        that such annulment entails.
Pleas in law and main arguments
                                                                        (b) B r e a c h      of      the      principle           of     pro-
The applicant is a non-profit-making association of undertak-                 portionality
ings incorporated under Portuguese law.
                                                                        The Commission bases its decision on inappropriate grounds
The project at issue, intended for the vocational training of           unsuited to a rational assessment of the costs of reproducing
249 persons, which contained an application for financial               documents.
contribution which the national authority — DAFSE — in
Lisbon, submitted on behalf of the applicant in the present             Accordingly, the contested decision must be annulled also on
case, was approved by the Commission by way of Decision                 the ground of breach of the principle of proportionality in so
C(89)0570 of 22 March 1989 involving total funding to the               far as concerns its appropriateness.
tune of PTE 157 397 822, of which PTE 86 568 802 were the
ESF share and PTE 70 829 020 were to be borne by the
Portuguese social security budget.
                                                                        C. Heading 14.3.1(b) (Management of the courses/non-
                                                                             teaching technical staff)
Although the reduction of the amount claimed by way of
payment of the balance concerns six headings (Headings
14.1.5, 14.2.3, 14.2.5, 14.3.1(a), 14.3.1(b), 14.3.9), the appli-       (a) I n a d e q u a t e s t a t e m e n t o f r e a s o n s
cant restricts its action to only four of them, since it
acknowledges, so far as concerns headings 14.1.5 (funding for           The contested decision is also vitiated by an inadequate
trainees) and 14.3.1(a) (teachers’ salaries) that the amounts           statement of reasons so far as concerns this heading, thereby
paid exceeded the limits provided for in Decision No                    infringing Article 253 EC, so that it must, accordingly, be
20/MTSS/87 and Decision No 21/MTSS/87 of the Ministero                  annulled with all the legal consequences that such annulment
do Trabalho e da Segurança Social (Ministry for Labour and              entails.
Social Security).
The applicant thus concentrates its arguments on the remain-            (b) E r r o n e o u s a s s e s s m e n t o f t h e f a c t s
ing four headings on the ground that the reductions are
manifestly unlawful.                                                    Under this heading, the decision is further vitiated by a
                                                                        manifest, twofold, error in respect of the various facts, so that
                                                                        the decision should, on that ground, be annulled.
A. Heading 14.2.3 (Recruitment and selection of course
     participants)
                                                                        D. Heading 14.3.9 (Hire and rental charges)
Inadequate statement of reasons                                         With regard also to this heading, the decision is unlawful
                                                                        inasmuch as it erroneously assesses the facts.
The Commission decided to reduce its contribution by PTE
559 500 solely as a result of the ‘application of the test of           The reasonable nature of the expenditure claimed by the ACA
reasonableness when analysing such expenditure’. By merely              under the heading of hire and rental charges cannot be judged
relying on the ‘test of reasonableness’ and on ‘excessive               against the costs charged by the undertaking supplying it but
expenditure’, the contested decision is vitiated by an inadequate       by the market values in force at the material time.
statement of reasons, thus infringing Article 253 EC, so that,
accordingly, it must be annulled with all the legal consequences
that such annulment entails.