CELEX: C1996/233/34
Language: en
Date: 1996-08-10 00:00:00
Title: Action brought on 13 June 1996 by Automobiles Peugeot SA against the Commission of the European Communities (Case T-90/96)

No C 233/20           EN                   Official Journal of the European Communities                                      10 . 8 . 96
    — the contested Decision purports to regularize ex post           various letters dated 3 and 22 April 1996 the defendant
        facto aid which was granted without prior                      institution informed the applicant that it was disposed to
        notification or authorization , thus enabling the             communicate to the complainants the whole of the replies
        recipient of the aid to benefit from early payment in         given by it, save for two exceptions . The present action has
        contravention of the case-law of the Court of                 been brought against the decisions contained in those
        Justice ,                                                     letters .
— the Commission infringed              essential  procurement
    requirements . In particular:
    — the contested Decision is inadequately reasoned ,
    — the Commission failed to initiate the contentious
        procedure as required by Decision 3855/91 /ECSC,              Action brought on 13 June 1996 by Nicole Hankart against
                                                                                    the Council of the European Union
    — the Commission failed to consult the Consultative                                         ( Case T-91 /96 )
        Committee as required by Articles 19 and 95 of the                                        ( 96/C 233 /35 )
        ECSC Treaty .
                                                                                       (Language of tbe case: French)
                                                                      An action against the Council of the European Union was
                                                                      brought before the Court of First Instance of the European
                                                                      Communities on 13 June 1996 by Nicole Hankart, residing
                                                                      at Rhode-Saint-Genèse ( Belgium ), represented by Jean-Noël
Action brought on 13 June 1996 by Automobiles Peugeot
                                                                      Louis, Thierry Demaseure and Ariane Tornel , of the
SA against the Commission of the European
                           Communities
                                                                      Brussels Bar , with an address for service in Luxembourg at
                                                                      the offices of Fiduciaire Myson Sàrl , 1 Rue Glesener .
                        ( Case T-90/96 )
                          ( 96/C 233 /34 )
                                                                      The applicant claims that the Court should :
                (Language of tbe case: French)                        — annul the decision of the selection board in competition
                                                                           Conseil/C/360 of 3 October 1995 refusing to admit her
                                                                           to the second part of the written tests in the
An action against the Commission of the European                          competition ,
Communities was brought before the Court of First
Instance of the European Communities on 13 June 1996 by
Automobiles Peugeot SA, established in Paris ( France ),              — order the defendant to pay the costs .
represented by Xavier De Roux , of the Paris Bar , with an
address for service in Luxembourg at the Chambers of                  Pleas in law and main arguments adduced in support:
Jacques Loesch , 1 1 Rue Goethe .
                                                                      The applicant states that she was admitted to the written
The applicant claims that the Court should :                          tests in open competition Conseil/C/360 for the constitution
                                                                      of a reserve for future recruitment of French-language
                                                                      secretaries , and that she did in fact take part in the
— annul the four decisions of the Commission of the
                                                                      compulsory written tests held on 17 November 1995 . On
    European Communities of 3 and 22 April 1996 ,                      12 January 1996 she was informed of the decision of the
                                                                      selection board not to admit her to the second part of the
— order the Commission to pay all the costs .                         written tests , on the ground that she had not participated in
                                                                      all the compulsory written tests . In consequence of the
                                                                      complaint lodged by the applicant, the selection board
Pleas in law and main arguments adduced in support:                   replied that it appeared , following a detailed investigation,
                                                                      that one of the written tests had not been handed in to the
The applicant, a company marketing Peugeot vehicles in                organizers of the competition who were present and that she
Europe , is the object of four complaints by various                  could not therefore be admitted to the practical tests on a
distributors calling in question the compliance with                  PC . It is the latter decision which is contested in the present
                                                                      case .
Community law of the exclusive and selective standard form
contract for the distribution of Peugeot motor vehicles . In
consequence of those complaints , it provided all the                 The applicant observes that it is for the administration to lay
information requested by the Commission , pointing out                down and implement the detailed practical arrangements
that the information in question was covered in its entirety          for the organization of recruitment competitions . Those
by the obligation of professional secrecy . However, in               arrangements must be laid down in compliance with the