CELEX: C2003/200/54
Language: en
Date: 2003-08-23 00:00:00
Title: Case T-216/03: Action brought on 10 June 2003 by Mário Paulo Tenreiro against Commission of the European Communities

C 200/30              EN                          Official Journal of the European Union                                         23.8.2003
Decision of the Opposition       Acceptance of the opposition             principle of non-discrimination. The applicant points out that
Division:                        for services falling within              the defendant did not conduct an examination of the compara-
                                 class 42, rejection of the oppo-         tive merits of the applicant with those of the officials of all the
                                 sition for products falling with-        Directorates-General eligible for promotion, but limited itself to
                                 in classes 9 and 35                      the ‘quota’ which had been allocated to the applicant's Direc-
                                                                          torate-General, gave an advantage to officials considered as
                                                                          reserve candidates from the previous year's promotion proce-
                                                                          dure and did not take account of applicant's transfer, during
Decision of the Board of         Action upheld, contested deci-           the reference period, from one Directorate-General to another.
Appeal:                          sion annulled
Pleas in law:                    Infringement of Article 8(5) of
                                 (EC) Regulation No 40/94 and,
                                 in the alternative, infringement
                                 of Article 8(1)(b) of the regula-
                                 tion                                     Action brought on 19 June 2003 by Fédération Nationale
                                                                          de la Coopération Bétail et Viande (FNCBV) against the
                                                                                    Commission of the European Communities
                                                                                                    (Case T-217/03)
                                                                                                    (2003/C 200/55)
Action brought on 10 June 2003 by Mário Paulo Tenreiro
     against Commission of the European Communities
                                                                                              (Language of the case: French)
                         (Case T-216/03)
                         (2003/C 200/54)                                  An action against the Commission of the European Commu-
                                                                          nities was brought before the Court of First Instance of the
                   (Language of the case: French)                         European Communities on 19 June 2003 by the Fédération
                                                                          Nationale de la Coopération Bétail et Viande, (National Coop-
                                                                          erative Association for Livestock and Meat) established in Paris,
                                                                          represented by Robert Collin and Michel Ponsard, lawyers, with
An action against the Commission of the European Commu-                   an address for service in Luxembourg.
nities was brought before the Court of First Instance of the
European Communities on 10 June 2003 by Mário Paulo
Tenreiro, residing in Kraainem (Belgium), represented by                  The applicant claims that the Court should:
Georges Vandersanden, lawyer.
                                                                          —     annul Decision C.38.179/F3 of 2 April 2003 in so far as
The applicant claims that the Court should:                                     it affects the applicant;
—     annul the decision not to promote the applicant in the              —     alternatively quash the fine imposed by that decision;
      2002 promotion procedure, as it appears from the
      absence of the applicant's name in the list of officials
      promoted to grade A4 published in the Administrative                —     in the further alternative reduce it;
      Notice of 14 August 2002 (No 69-2002);
                                                                          —     order the defendant to pay all the costs.
—     declare that the applicant is entitled to the actual promo-
      tion which should have been granted him in the 2002
      promotion procedure, with retrospective effect and full
      restoration of his financial and career rights;
—     order the Commission to pay all the costs.                          Pleas in law and main arguments
                                                                          By its contested decision, the Commission imposed on the
                                                                          applicant and five other French associations of producers and
Pleas in law and main arguments
                                                                          slaughterers a fine based on alleged infringements of
                                                                          Article 81(1) of the EC Treaty, in respect of an agreement to
In support of his action the applicant pleads infringement of             suspend beef imports to France and to fix a minimum price
Article 45(1) of the Staff Regulations and breach of the                  for certain categories of animals.