CELEX: C2001/303/35
Language: en
Date: 2001-10-27 00:00:00
Title: Case T-192/01: Action brought on 14 August 2001 by the Groupement européen d'intérêt économique Lior against the Commission of the European Communities

27.10.2001              EN                    Official Journal of the European Communities                                      C 303/21
—     consequently annul the 1999 A 4 promotions procedure                     —     Managium, relating to the Biogaz, Solaire Bioclima-
      with regard to the applicant;                                                  tique and Biogaz contracts is unlawful, since those
                                                                                     invoices cover the services actually provided by the
—     order the defendant to pay all the costs of the action.                        applicant’s Managing Director in accordance with
                                                                                     the work programme;
                                                                               and consequently declare that the fees charged by Deira
Pleas in law and main arguments                                                and Managium must be accepted;
In support of his action, the applicant puts forward the same            —     declare that the decision terminating the Photovoltaic
pleas in law as in Case T-188/01. In addition the applicant                    SME/1883/98-EU contract is unlawful;
alleges non-compliance with the promotions procedure.
                                                                               and consequently declare that the Commission has no
                                                                               legal right to claim repayment of the advance of
                                                                               36 000 Euros paid by way of financial contribution;
                                                                         —     declare that the Commission’s decision retroactively
                                                                               terminating the Transport DIS/1178/1997-BE Agreement
Action brought on 14 August 2001 by the Groupement                             is unlawful;
européen d’intérêt économique Lior against the Com-
            mission of the European Communities                                and consequently declare that the Commission has no
                                                                               legal right to claim repayment of the initial advance of
                          (Case T-192/01)                                      36 000 Euros paid by way of financial contribution, and
                                                                               that the contract should run its term;
                          (2001/C 303/35)
                                                                         As regards the Altener                      Agores       XVII/
                                                                         41030/Z/99-085 contract
                   (Language of the case: French)
                                                                         —     order the Commission to pay the sum of 68 070 Euros,
An action against the Commission of the European Communi-                      representing the final instalment of its financial contri-
ties was brought before the Court of First Instance of the                     bution, together with interest at the statutory rate from
European Communities on 14 August 2001 by the Groupe-                          the date of the letter of 23 July 2001 giving formal notice
ment européen d’intérêt économique Lior, established in                        to pay;
Brussels, represented by Véronique Marien and Joëlle Chou-
croun, lawyers, with an address for service in Luxembourg.               As regards the Thermie and Altener con-
                                                                         tracts
The applicant claims that the Court should:
                                                                         —     order the Commission to compensate the applicant for
In the context of performance of Thermie                                       the damage suffered in the context of the performance of
contracts                                                                      all of the Thermie and Altener contracts, initially esti-
                                                                               mated, on a fair and equitable basis, to amount to the
—     order the European Commission to pay the final instal-                   sum of 1 million Euros, subject to increase or decrease in
      ment of its financial contribution, namely:                              the course of proceedings;
      —     for the Biomasse           SME/1539/97        contract:      —     order the Commission to pay all the costs.
            40 500 Euros
      —     for the Windenergy           SME/792/96       contract:
            36 000 Euros,
                                                                         Pleas in law and main arguments
      together with interest at the statutory rate from the date
      of the letter of 6 July 2001 giving formal notice to pay
      until payment in full;                                             The applicant in the present case, a European economic
                                                                         interest grouping with 10 members representing 4 countries
—     declare that the Commission’s decision rejecting the               of the European Union, concluded several contracts with the
      invoices of its members                                            Commission under the Thermie Programme, Section B, with
                                                                         the aim of creating CD-ROMs concerning:
      —     Deira, relating to all of the Thermie contracts, is
            unlawful, in that it is based on a non-contractual           —     the management of biogas obtained from waste and
            audit of its accounts;                                             waste-water treatment (Biogaz SME/003/95-BE contract);
 ---pagebreak--- C 303/22               EN                     Official Journal of the European Communities                                     27.10.2001
—     bioclimatic      architecture     (Solaire     Bioclimatique       European Communities on 11 August 2001 by Alain-Pierre
      DIS/0161/95-BE contract);                                          Allo, resident in Brussels, represented by Nicolas Lhoëst,
                                                                         lawyer, with an address for service in Luxembourg.
—     Biomasse combustion (Biomasse SME/1539/97-BE con-
      tract);
—     wind energy technology (Windenergy SME-0792-96/BE
      contract);                                                         The applicant claims that the Court should:
—     energy saving in respect of road transport (Transport
      DIS/1178/97-BE contract); and                                      —     annul the Commission decision of 26 October 2000 in
                                                                               that it deprived the applicant of a middle-management
—     photovoltaic        solar     technology       (Photovoltaic             post and reassigned him to the post of Adviser ad
      SME/1883/198-EU contract).                                               personam in the RELEX G1 ‘Horizontal matters’ unit;
Furthermore, in the context of the Altener II Programme for              —     annul the Commission decision of 31 January 2001 and
the dissemination of information on renewable energy, the                      any similar decision refusing to transfer the applicant to
Commission entrusted to the applicant the task of creating                     another service or another DG in accordance with
an Agores Internet site containing information about, and                      Article 7 of the Staff Regulations;
promoting the use of renewable forms of energy, and a ‘link’
to all sites providing information concerning renewable forms
of energy.                                                               —     in so far as necessary, annul the Commission decision of
                                                                               3 May 2001, expressly rejecting the complaint submitted
The present application is founded on:                                         by the applicant on 23 January 2001, and the Com-
                                                                               mission decision of 19 June 2001, expressly rejecting the
—     the suspension of the final payments under the Biomasse                  complaint submitted by the applicant on 30 April 2001;
      and Windenergy contracts, following an audit carried out
      by the Commission;
                                                                         —     order the defendant to pay a sum of 25 000 Euros as
—     the unilateral termination of the Photovoltic contract,                  compensation for the damage suffered;
      after two years and five months’ performance of the
      contract and the demand for reimbursement of the
      advance of 36 000 Euros;                                           —     order the defendant to pay all the costs of the action.
—     the termination of the Transport contract and the demand
      for reimbursement of the advance of 36 000 Euros;
—     the suspension of payment of the balance of 68 070 Euros
      allegedly owed in respect of the Agores contract.
                                                                         Pleas in law and main arguments
In support of its claims, the applicant submits that the
Commission’s decisions giving rise to the present action have
no legislative, legal or contractual basis.
                                                                         In the course of reorganizing the Commission’s directorates-
                                                                         general, the unit of which the applicant was, until then, head
                                                                         of unit was abolished, and the applicant was reassigned as
                                                                         Adviser ad personam in another unit. That reassignment,
                                                                         resulted inter alia in putting the applicant in a situation where
                                                                         he was subordinate to an official in a lower grade than his.
Action brought on 11 August 2001 by Alain-Pierre Allo
  against the Commission of the European Communities
                                                                         The applicant submits that the Commission should have
                         (Case T-193/01)
                                                                         examined the comparative merits of each of the three heads of
                                                                         unit affected by the reorganisation. The Commission’s decision
                         (2001/C 303/36)                                 concerning the reassignment of the applicant did not contain
                                                                         any explanation of the reasons behind the Commission’s
                   (Language of the case: French)                        choice to bring to an end his duties as head of unit. The
                                                                         Commission therefore infringed Article 25(2) of the Staff
                                                                         Regulations. The applicant also submits that, in breach of
An action against the Commission of the European Communi-                Article 7 of the Staff Regulations, the decision clearly failed to
ties was brought before the Court of First Instance of the               have regard to the needs of the service.