CELEX: C2001/134/59
Language: en
Date: 2001-05-05 00:00:00
Title: Case T-52/01: Action brought on 6 March 2001 by Juergen Schaefer against the Commission of the European Communities

C 134/28               EN                     Official Journal of the European Communities                                       5.5.2001
The pleas in law and main arguments are similar to those relied          The applicant submits that the Commission justifies that
on in Case T-93/00 Alessandrini and Others v Commission (2).             decision by alleging that the Paraguayan authorities have
                                                                         expressed reservations about him but that it fails to mention
                                                                         the factual and legal matters of which the applicant should be
                                                                         aware in order, if necessary, to be able to defend his own
(1) OJ 1998 L 293, p. 32.                                                professional conduct.
(2) OJ 2000 C 176, p. 25.
                                                                         The applicant considers that the decision at issue infringes
                                                                         Article 7 of the Staff Regulations since it is contrary to the
                                                                         interest of the service. In his view, the interest of the service
                                                                         specifically requires him to remain in his current post and
                                                                         continue the complex work which has been assigned to him
                                                                         and of which he has already gained sound experience.
                                                                         The applicant further submits that the decision is vitiated by a
Action brought on 6 March 2001 by Juergen Schaefer                       complete failure to state the grounds and has been adopted
  against the Commission of the European Communities                     without the Commission at any time taking account of the
                                                                         views of the party concerned, contrary to the requirements of
                                                                         case-law.
                          (Case T-52/01)
                        (2001/C 134/59)
                   (Language of the case: Spanish)
                                                                         Action brought on 6 March 2001 by Poste Italiane S.p.A.
                                                                             against Commission of the European Communities
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 6 March 2001 by Juergen Schaefer,                                         (Case T-53/01)
represented by Juan Ramón Iturriagagoitia, lawyer.
                                                                                                 (2001/C 134/60)
The applicant claims that the Court should:
                                                                                            (Language of the case: Italian)
—     annul the Commission’s decision of 12 February 2001
      relating to the applicant’s transfer back from Montevideo          An action against the Commission of the European Communi-
      (Uruguay) to Brussels;                                             ties was brought before the Court of First Instance of the
                                                                         European Communities on 6 March 2001 by Poste Italiane
                                                                         S.p.A., represented by Gian Michele Roberti, Petrus Mathijsen,
—     annul, if appropriate, the Commission’s note of 30 No-             Alessandra Perrazzelli, Elisabetta Rubini and Andrea Sandulli,
      vember 2000 informing the applicant of the decision to             avvocati.
      transfer him back from Montevideo (Uruguay) to Brussels;
                                                                         The applicant claims that the Court should:
—     order the immediate suspension and, if appropriate, the
      subsequent annulment of any procedure initiated with a             —     annul the contested decision
      view to filling the vacancy arising from the order
      transferring the applicant;                                        —     order the Commission to pay the costs.
—     order, if appropriate, the annulment of the corresponding
      appointment of an official to fill the post;                       Pleas in law and main arguments
                                                                         By this action, Poste Italiane SpA is seeking the annulment of
—     order the Commission to pay the costs.
                                                                         the decision of the Commission of 21 December 2000,
                                                                         adopted on the basis of Article 86(3) of the Treaty, in relation
                                                                         to the provision of certain new postal services with a
Pleas in law and main arguments                                          guaranteed day- or time-certain delivery. That decision declares
                                                                         incompatible with Article 4(4) of the Treaty Legislative Decree
                                                                         No 261/99 of 22 July 1999 implementing Directive 97/67/EC
The applicant, who is based in the European Commission’s                 of the European Parliament and of the Council of 15 December
Delegation in Montevideo (Uruguay), was notified of a decision           1997 on common rules for the development of the internal
dated 12 February 2001 posting him back to Brussels with                 market of Community postal services and the improvement of
effect from 12 March 2001.                                               quality of service.(1);