CELEX: C2001/118/109
Language: en
Date: 2001-04-21 00:00:00
Title: Order of the Court of First Instance of 30 January 2001 in Case T-215/00: SCEA La Conqueste v Commission of the European Communities (Action for annulment — Regulation (EC) No 1338/2000 — Registration of a protected geographical indication — "Canard à foie gras du Sud-Ouest" — Measure of general application — Inadmissibility)

C 118/40              EN                      Official Journal of the European Communities                                         21.4.2001
      ORDER OF THE COURT OF FIRST INSTANCE                               Action brought on 6 February 2001 by Carlos Puente
                                                                         Martı́n against the Commission of the European Com-
                                                                                                       munities
                      of 30 January 2001
                                                                                                    (Case T-29/01)
in Case T-215/00: SCEA La Conqueste v Commission of                                               (2001/C 118/110)
                the European Communities (1)
                                                                                             (Language of the case: Spanish)
(Action for annulment — Regulation (EC) No 1338/2000
— Registration of a protected geographical indication —
‘Canard à foie gras du Sud-Ouest’ — Measure of general                   An action against the Commission of the European Communi-
                application — Inadmissibility)                           ties was brought before the Court of First Instance of the
                                                                         European Communities on 6 February 2001 by Carlos Puente
                                                                         Martı́n, residing in Madrid, represented by Oscar González
                        (2001/C 118/109)                                 Correas, lawyer.
                                                                         The applicant claims that the Court should:
                   (Language of the case: French)                        —     annul the Commission’s decision of 8 November 2000
                                                                               (Ref. 2974);
In Case T-215/00: SCEA La Conqueste, established at Morlaas              —     declare that the applicant is entitled to the full installation
(France), represented by A. Lyon-Caen, lawyer with a right of                  allowance provided for in Article 5(1) of Annex VII to
audience before the Conseil d’État and the Cour de Cassation,                 the Staff Regulations and the full resettlement allowance
with an address for service in Luxembourg at the Chambers of                   provided for in Article 6(1) of Annex VII to the Staff
R. Weber, 3 Rue de la Loge, v Commission of the European                       Regulations, as laid down in Article 71 of those Regu-
Communities (Agents: J.L. Iglesias Buhigues and X. Lewis) —                    lations;
application for annulment of Commission Regulation (EC)
No 1338/2000 of 26 June 2000 supplementing the Annex to                  —     order the Commission to pay the costs in their entirety.
Regulation (EC) No 2400/96 on the entry of certain names in
the Register of protected designations of origin and protected
geographical indications provided for in Council Regulation
(EEC) No 2081/92 on the protection of geographical indi-                 Pleas in law and main arguments
cations and designations of origin for agricultural products
and foodstuffs (OJ 2000 L 154, p. 5), as regards registration as
a protected geographical indication of the name ‘Canard à foie           The applicant in the present dispute is a former Commission
gras du Sud-Ouest’ — the Court of First Instance (Fifth                  official who is disputing the appointing authority’s decision to
Chamber), composed of: P. Lindh, President, and R. Garcı́a-              refuse him both an installation allowance for settling in
Valdecasas and J.D. Cooke, Judges; H. Jung, Registrar, made an           Belgium, on the ground that he was reinstated in service
order on 30 January 2001, the operative part of which is as              following the withdrawal of his previous status of permanent
follows:                                                                 invalidity, and a resettlement allowance for Spain after his
                                                                         service terminated. The applicant claims that he is entitled
                                                                         to those allowances in accordance with the provisions of
1.   The application is dismissed as inadmissible.                       Article 5(1), the first paragraph of Article 6(1), Article 7(1)(a)
                                                                         and (b) and Article 9(1) and (2) of Annex VII to the Staff
                                                                         Regulations.
2.   The applicant shall bear its own costs and shall pay the costs of
     the Commission.
                                                                         In support of his claims, the applicant submits:
                                                                         —     that a finding of invalidity is a matter governed by the
(1) OJ C 316 of 4.11.2000.                                                     rules and depends not on the individual but on an
                                                                               objective situation;
                                                                         —     that, according to settled case-law, an established official
                                                                               is entitled to the disputed allowances even when the place
                                                                               in which he has settled has not changed;