CELEX: C1998/137/44
Language: en
Date: 1998-05-02 00:00:00
Title: Action brought on 9 March 1998 by Maria Paola Sabbatucci against the European Parliament (Case T-42/98)

C 137/20               EN                    Official Journal of the European Communities                                     2.5.98
The applicant claims that the Court should:                             The applicant points out that, as a result of interpreting in
                                                                        this way Article 17 of the electoral rules, List No 5 has
1. annul Commission Regulation (EC) No 2494/97 of                       come to have only Brussels-based representatives among
     12 December 1997 on the issuing of import licences                 those elected from it, while the candidate who had
     for rice falling within CN code 1006 and originating               received the greatest number of individual votes was
     in the overseas countries and territories under the                excluded from those elected. The applicant claims that
     specific measures introduced by Regulation (EC)                    such a final result is paradoxical and legally aberrant.
     No 2352/97 (1),                                                    Such a result conflicts directly with the basic rule which
                                                                        governs any kind of democratic ballot, namely that those
2. order the Commission to pay the costs of the case.                   candidates who obtain the greatest number of votes win
                                                                        and are appointed according to the number of votes
Pleas in law and main arguments adduced in support:                     obtained.
The pleas in law and main arguments are identical to                    In support of her application the applicant claims that the
those in Case T-32/98 (2).                                              contested decisions should be annulled:
(1) OJ L 343, 13.12.1997, p. 17.
                                                                        Ð inasmuch as they infringe Articles 6, 17 and 18 of the
(2) Not yet published in the Official Journal.
                                                                            electoral rules,
                                                                        Ð in the alternative, inasmuch as those rules are in
                                                                            breach of the provisions of Annex II to the Staff
                                                                            Regulations,
Action brought on 9 March 1998 by Maria Paola
         Sabbatucci against the European Parliament                     Ð inasmuch as they are contrary to the principles
                         (Case T-42/98)                                     common to all the Member States in matters of
                                                                            electoral law, according to which the first successful
                          (98/C 137/44)                                     candidate from the list which has obtained the greatest
                                                                            number of votes must be elected.
                (Language of the case: Italian)
An action against the European Parliament was brought                   The applicant states in particular that to read
before the Court of First Instance of the European                      Article 17(5)(b) in the way that the Committee of Tellers
Communities on 9 March 1998 by Maria Paola                              has done runs counter to the system of proportional
Sabbatucci, represented by Alberto Dal Ferro and Andrea                 distribution of seats laid down in Article 17(1) and (2)
Cevese, of the Vicenza Bar, with an address for service at              thereof. However, should the Court consider that the only
the Chambers of Morresi Law Office, 67, avenue des                      possible interpretation of Article 17 of the electoral rules
Nerviens, Brussels.                                                     is that adopted in the contested decisions, the applicant
                                                                        also claims that that provision and Article 6(4) are
The applicant claims that the Court should:                             contrary to Annex II to the Staff Regulations. The absence
                                                                        in that Annex of any mention of the obligation to ensure
Ð annul the notice of 27 January 1998 of the Committee                  that the staff of a particular seat are represented where
     of Tellers and their reply of 17 February 1998                     there is only a single committee means, in the view of the
     inasmuch as they exclude the applicant from the                    applicant, that where such representation is guaranteed by
     candidates elected to the Staff Committee,                         the electoral rules, it should be established by way of
                                                                        criteria such as not to upset the choice expressed by the
Ð order the defendant to pay the costs of these                         electorate with its vote.
     proceedings.
Pleas in law and main arguments adduced in support:
The applicant, an official in Category B at the European
Parliament, challenges her exclusion from the Staff                     Action brought on 13 March 1998 by Acerinox SA
Committee of the European Parliament. The applicant                          against Commission of the European Communities
observes that she submitted her candidature in List No 5                                       (Case T-48/98)
for the to the second-round elections held in January 1998
and obtained the greatest number of votes of those on the                                       (98/C 137/45)
list. According to the information provided by the
Committee of Tellers following the allocation of seats on                              (Language of the case: English)
the basis of the number of individual votes, one of the
conditions with regard to the composition of the                        An action against the Commission of the European
committee laid down in Article 17(5)(b) of the                          Communities was brought before the Court of First
Parliament's electoral rules requiring the presence of a                Instance of the European Communities on 13 March 1998
certain number of members assigned to Brussels had not                  by Acerinox SA, represented by Alexandre Vandencasteele
been met. Thus the applicant was replaced by the Brussels               and Denis Waelbroeck with an address for service in
representative, who had not been elected, who had the                   Luxembourg at the Offices of Ernest Arendt, 8-10 rue
greatest number of votes in List No 5.                                  Matrhias Hardt.