CELEX: C1998/327/49
Language: en
Date: 1998-10-24 00:00:00
Title: Action brought on 8 June 1998 by Jürgen Wettig against the Commission of the European Communities (Case T-91/98)

24.10.98             EN                   Official Journal of the European Communities                                     C 327/27
which the Commission must observe when it adopts                     economics and part of the professional experience when
administrative measures.                                             classifying him.
                                                                     Although the directive on higher-education diplomas (1)
                                                                     does not bind the Community institutions directly, it
                                                                     would nevertheless be paradoxical if those institutions
                                                                     placed a different meaning on higher-education diploma'
Action brought on 8 June 1998 by Jürgen Wettig against
                                                                     and thereby disregarded the objectives and provisions of
       the Commission of the European Communities
                                                                     the directive.
                       (Case T-91/98)
                        (98/C 327/49)                                (1) Council Directive 89/48/EEC, (OJ L 19, 24.1.1989, p. 16).
               (Language of the case: German)
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 8 June 1998 by               Action brought on 30 June 1998 by Anthony Goldstein
Jürgen Wettig, of Brussels, Belgium, represented by Peter               against the Commission of the European Communities
Wiesner, Rechtsanwalt, Cologne, Germany, with an
address for service in Luxembourg at the Chambers of Dr                                      (Case T-100/98)
Johannes Henricus Van Vliet, 49 Rue Glesener.
                                                                                              (98/C 327/50)
The applicant claims that the Court should:
                                                                                     (Language of the case: English)
Ð annul the decision of the defendant of 5 November
    1997 definitively classifying him in Step 1 of Grade
    A 5 from 1 October 1996;                                         An action against the Commission of the European
                                                                     Communities was brought before the Court of First
                                                                     Instance of the European Communities on 30 June 1998
Ð order the defendant to classify him in Step 2 of his               by Anthony Goldstein, represented by Raymond St John
    current grade retroactively from 1 October 1996;                 Murphy, Merriman White, 3, King's Bench Walk, Inner
                                                                     Temple, London EC4Y 7DJ, United Kingdom.
Ð order the defendant to pay the costs.
                                                                     The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:
                                                                     Ð declare the Commission in breach of Council Directive
The applicant, a graduate of the Fachhochschule für                       84/450/EEC (1) to the extent that the Citizens First
Finanzen (higher education establishment specialising in                  Factsheet on the Recognition of Diplomas and
finance) of the Land of North Rhine-Westphalia, has been                  Qualifications of General and Specialist Doctors in the
working as a member of the Commission's temporary staff                   United Kingdom misrepresents the rules applicable to
(in Directorate E of Directorate General XI) since                        specialist medical practitioners in the United Kingdom
1 October 1996. In accordance with clause 3 of his                        in order to promote the supply of specialist medical
contract of employment, he was classified in Step 1 of                    services by a category of medical practitioners who are
Grade A 5.                                                                not qualified by law to practise the regulated medical
                                                                          profession as licensed specialist medical practitioners
                                                                          and who have not completed the prescribed specialist
The applicant contends that when he took up his duties he                 medical training at Community level and national
already had more than 16 years' professional experience                   level and thereby do not offer the minimum safeguards
which was to be taken into account. Nevertheless, in                      required by Community law for practising a medical
breach of his right to be classified in the appropriate (or               specialty regulated by Community law as a specialist
definitive') step, the initial classification was retained,              medical practitioner;
although that is inconsistent with the Commission's
current administrative practice.
                                                                     Ð declare the Commission in breach of Council Directive
By recruiting the applicant in Grade A 5, the appointing                  84/450/EEC to the extent that the Citizens First
authority had implicitly recognised his diploma in                        Factsheet on the Recognition of Diplomas and