CELEX: C2000/079/66
Language: en
Date: 2000-03-18 00:00:00
Title: Case T-334/99: Action brought on 25 November 1999, by the Organización Impulsora del Discapacitado (OID) against the Commission of the European Communities

C 79/30                EN                    Official Journal of the European Communities                                     18.3.2000
Pleas in law and main arguments                                         Pleas in law and main arguments
By his action the applicant is essentially seeking a declaration        The applicant in the present case, a non-profit-making chari-
that his dismissal, which was pronounced in the course of               table organisation whose object is the social, working, political,
disciplinary proceedings, was unlawful.                                 sporting and cultural integration of all physically, psychologi-
                                                                        cally and sensorially handicapped persons, challenges the
                                                                        Commission’s refusal to initiate infringement proceedings
In support the applicant advances the following arguments in
                                                                        against the Kingdom of Spain with regard to the refusal to
relation in particular to the disciplinary proceedings:
                                                                        authorise the holding of a daily nationwide lottery draw under
                                                                        the auspices of the applicant organisation with the purpose of
— The proceedings were unlawful since the jurisdiction of
                                                                        subventing its activities.
    the ECB conferred under Article 36 of the ESCB/ECB
    Statute to lay down employment conditions does not
    encompass responsibility for laying down disciplinary               The refusal is allegedly based on the fact that in Spain the only
    proceedings.                                                        games to be authorised are those organised by the Organismo
                                                                        National de Loterı́as y Apuestas del Estado (National lotteries
— The applicant was not given an adequate hearing.                      and betting body) and the Organización Nacional de Ciegos
                                                                        Españoles (National Spanish organisation for the blind).
— The contested decision is based on a failure to comply with
    duties as to conduct which were never communicated to               In the applicant’s view, such a monopoly is contrary to
    the applicant as such and which furthermore are not                 Community law on the freedom of competition.
    binding on him.
— The defendant breached prohibitions on the collection of
    evidence and is relying on erroneous findings of fact.
— The applicant and his representative were placed at a
    disadvantage by reason of the fact that the proceedings
    were conducted in German.                                           Action brought on 1 December 1999 by Lily Karoline
                                                                           Schuerer against the Council of the European Union
                                                                                                (Case T-338/99)
                                                                                                 (2000/C 79/67)
Action brought on 25 November 1999, by the Organiza-                                       (Language of the case: German)
ción Impulsora del Discapacitado (OID) against the Com-
            mission of the European Communities                         An action against the Council of the European Union was
                                                                        brought before the Court of First Instance of the European
                         (Case T-334/99)                                Communities on 1 December 1999 by Lily Karoline Schuerer,
                                                                        Munich, Germany, represented by Hermann J. Winzen, of the
                          (2000/C 79/66)                                Munich Bar, with an address for service in Luxembourg at the
                                                                        Chambers of Marco Steil, 12 Rue d’Anvers, Luxembourg.
                  (Language of the case: Spanish)                       The applicant claims that the Court should:
                                                                        — declare that, by fixing the applicant’s pension weighting,
An action against the Commission of the European Communi-
                                                                             as from 3 October 1990, the day on which Berlin became
ties was brought before the Court of First Instance of the
                                                                             the capital of Germany, according to the cost of living in
European Communities on 25 November 1999 by the Organ-
                                                                             Bonn rather than the Berlin cost index, the defendant has
ización Impulsora del Discapacitado, whose registered office is
                                                                             infringed the Treaty of the European Communities;
in Madrid, represented by Javier Gallego Sánchez, of the
Madrid Bar, with an address for service in Luxembourg at the            — order the defendant to pay the costs.
Chambers of Michel Molitor, 55 Blvd. de la Pétrusse.
The applicant claims that the Court should:                             Pleas in law and main arguments
— Annul the decision of the European Commission’s decision              The applicant, who was formerly an official of the Commission,
    of 19 October 1999 and order the European Commission                relies principally on the pleas in law already advanced in
    to initiate infringement proceedings against the Kingdom            Case T-81/99 against the Commission.
    of Spain for infringing Community law, or, in the alterna-
    tive, declare the Spanish legislation in question to be
    contrary to the Treaty on the European Union.