CELEX: C1997/074/46
Language: en
Date: 1997-03-08 00:00:00
Title: Application brought on 12 December 1996 by J. J. M. van Rossum and C. C. W. M. van Rossum v. Council and Commission of the European Communities (Case T-207/96)

No C 74/22            EN                  Official Journal of the European Communities                                         8 . 3 . 97
Application brought on 12 December 1996 by J. J. M. van              The pleas in law and main arguments in support are
Rossum and C. C. W. M. van Rossum v. Council and                     analogous to those in Case T-206/96.
         Commission of the European Communities
                       ( Case T-207/96 )                             (') OJ No L 90, 1 . 4 . 1984 , p. 13 .
                                                                     ( 2 ) OJ No L 84, 23 . 9 . 1989 , p. 2 .
                          ( 97/C 74/46 )                             ( 3 ) OJ No L 131 , 26 . 5 . 1977, p. 1 .
                (Language of the case: Dutch)
An application was brought before the Court of First
Instance of the European Communities on 12 December                  Action brought on 4 January 1997 by Anna Maria
1996 against the Council and Commission of the                       Campogrande against Commission of the European
European Communities by J. J. M. van Rossum, residing                                              Communities
at Alphen (Netherlands ), and C. C. W. M. van Rossum,                                             ( Case T-3/97)
residing at Maasbommel ( Netherlands ), both represented
by A. A. M. van Beek, of the Tilburg bar.                                                           ( 97/C 74/47 )
                                                                                       (Language of the case: French)
The applicants claim that the Court of First Instance
should:
                                                                     An action against the Commission of the European
                                                                     Communities was brought before the Court of First
1 . declare that the European Economic Community is                  Instance of the European Communities on 4 January 1997
    liable in damages to the applicants;                             by Anna Maria Campogrande, of Brussels, represented by
                                                                     Marc-Albert Lucas, of the Liege Bar, with an address for
                                                                     service in Luxembourg at the Chambers of Evelyne Korn,
2 . declare that the European Economic Community is                  21 rue de Nassau .
    liable to the applicants for the loss of income suffered
    by the applicants as a result of the application of
    Council Regulation ( EEC ) No 857/84 of 31 March                 The applicant claims that the Court should:
    1984 (') and the application of Council Regulation
    ( EEC ) No 764/89 of 20 March 1989 (2 ) amending                 — annul or declare illegal the Commission's decision of
    Regulation (EEC ) No 857/84, in so far as no provision
                                                                            19 July 1988 concerning the procedure for filling
    was made in those Regulations for a representative
                                                                           middle-management              posts    ( COM(88)PV      928 ,
    reference quantity to be allocated to SLOM assignees
                                                                           published in the 'Administrative Notices' No 578 of
    who had delivered no milk in the reference year
                                                                           5 December 1988 ), as amended by its decision of
    chosen by the Member State concerned pursuant to
                                                                           28 June 19 95 ( published in 'Administrative Notices'
    an undertaking under Council Regulation ( EEC)
                                                                           No 898 of 7 July 1995 ),
    No 1078/77 ( 3 ) of 17 May 1977;
                                                                     — in the alternative, variously:
3 . declare that the applicants have suffered loss of
    income in an amount constituted by the difference                      — annul or declare illegal the Commission's decision
    between the income, including turnover and herd                            to fill the post of Head of Unit of the 'Andean
    increase, which in the normal course of affairs they                       Pact' at career bracket A 4/A 5 ('Summaries of
    would have obtained from the quantities of milk                            Vacancy Notices' No 39 , of 14 December 1995 ,
    which they would have delivered if, during the period                      COM/ 141 /95 ),
    between 1 April 1984 ( the date of entry into force of
    Regulation ( EEC) No 857/84 ) and 31 March 1994
    (the date of expiry of the 1993/1994 period of levy ),                 — annul or declare illegal the vacancy notice for the
    they had had available to them the reference quantity                      post in question,
    of milk to which they were entitled and, on the other
    hand, the income which they actually received during                   — annul the decision of the appointing authority to
    the abovementioned period;                                                 appoint someone else to the post in question,
4.  declare that interest shall accrue on the amounts of             — in any event, order the appointing authority to pay the
                                                                           costs .
    income owing to the applicants with effect from the
    date of delivery of the Court's judgment, at the rate of
    8 % per annum, or at such rate as the Court may                  Pleas in law and main arguments adduced in support:
    deem fit, until the date of full and final settlement;
                                                                     The applicant, an official in grade A 4 step 5, contests the
5 . order the defendants to pay the costs .                          appointing authority's decision rejecting her candidature