CELEX: C2001/118/114
Language: en
Date: 2001-04-21 00:00:00
Title: Case T-43/01: Action brought on 23 February 2001 by Jean-Jacques Rateau against the Commission of the European Communities

C 118/42              EN                      Official Journal of the European Communities                                      21.4.2001
Grounds submitted:            — Infringement of Article 7(1)b            The applicant states that, nearly four years after its complaint,
                                  of Regulation n. 40/94.                the Commission has not taken any provisional measure or
                              — Infringement of Article 7(3) of          adopted a definitive decision, and that the contested system is
                                  Regulation n. 40/94.                   therefore still being applied, even though it was accepted by
                                                                         the Commission from the start of the procedure that it was
                              — Infringement of the appli-               not consistent with Community law.
                                  cant’s right of defence.
Action brought on 22 February 2001 by Syndicat des
employés, techniciens et cadres de la F.G.T.B. against
         Commission of the European Communities                          Action brought on 23 February 2001 by Jean-Jacques
                                                                         Rateau against the Commission of the European Com-
                         (Case T-42/01)                                                              munities
                       (2001/C 118/113)                                                           (Case T-43/01)
                   (Language of the case: French)                                               (2001/C 118/114)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 February 2001 by Syndicat des                                    (Language of the case: French)
employés, techniciens et cadres de la F.G.T.B., established in
Brussels, represented by Luc Misson, Laurent Denis and
Patrick Mbaya Kapita, Avocats, with an address for service in            An action against the Commission of the European Communi-
Luxembourg.                                                              ties was brought before the Court of First Instance of the
                                                                         European Communities on 23 February 2001 by Jean-Jacques
                                                                         Rateau, residing in Beersel (Belgium), represented by Eric
The applicant claims that the Court should:                              Boigelot, avocat, address for service in Luxembourg.
—     Declare that the Commission failed to adopt the necessary
      measures within a reasonable time following the appli-             The applicant claims that the Court should:
      cant’s complaint on the basis of Article 3 of Regulation
      No 17;
                                                                         —    annul the decision of the appointing authority to assign
—     Declare that the Commission is obliged to take the                      the applicant, with effect from 1 July 2000, to the post
      necessary measures within one month against the parties                 of adviser on consumer information working to the Head
      complained against in the applicant’s complaint pursuant                of Unit Health and Consumer Protection SANCO.D.4
      to Regulation No 17;                                                    ‘Food law and biotechnology’, as it emerges from the
                                                                              organisational chart for DG SANCO of 15 June 2000 and
                                                                              the explicit decision adopted on 1 August 2000 by
—     Order the defendant to pay the costs.
                                                                              Mr Robert Coleman, Director General of the Directorate-
                                                                              General ‘Consumer policy and consumer health protec-
                                                                              tion’, brought to the applicant’s notice on 28 August
Pleas in law and main arguments                                               2000;
The applicant states that on 1 July 1997 it lodged a complaint           —    order the defendant to pay to the applicant, as compen-
on the basis of Articles 48 and 85 of the EC Treaty (now                      sation for non-material damage, BEF 1 as provisional
Articles 39 EC and 81 EC) concerning the transfer system for                  damages in respect of injury assessed at BEF 10 000,
professional football players applied by organisations such as                subject to increase or decrease in the course of proceed-
FIFA, URBSFA and the Ligue professionelle de Football de                      ings;
Belgique. Following that complaint, registered under
No IV/36.583-SETCA-FGTB/FIFA, URBSFA, the Commission
initiated a procedure against FIFA.                                      —    in any event, order the defendant to pay the costs.
 ---pagebreak--- 21.4.2001             EN                      Official Journal of the European Communities                                  C 118/43
Pleas in law and main arguments                                                InformationRemoval from the Register of Case
                                                                                                    T-116/98 (1)
The defendant, an official in Grade A 3, contests the decision                                  (2001/C 118/116)
of the appointing authority, taken in the context of the
reorganisation of DG SANCO, to reassign him to the post of
Adviser to the Head of Unit of Directorate D (Unit D4) ‘Food                               (Language of the case: Spanish)
law and biotechnology’, despite the fact that until then he had
carried out those duties for the Director General.
                                                                         By order of 14 December 2000, the President of the Second
                                                                         Chamber of the Court of First Instance of the European
He explains in that regard that his appointment to the post of           Communities has ordered the removal from the Register of
adviser to the Director General was the result of an agreement           Case T-116/98, Compañı́a Trasmediterránea, S.A. v Com-
signed on 6 July 1993 between the applicant himself and the              mission of the European Communities.
Director General of DG Administration (formerly DG IX).
                                                                         (1) OJ C 340 of 7.11.98.
In support of his arguments, the applicant alleges the following
infringements:
—     infringement of the Staff Regulations, in particular
      Article 7(1), and the second and third paragraphs of
      Article 25, as well as failure to observe a number of
      general principles of law, such as the protection of                     Removal from the Register of Case T-244/99 (1)
      legitimate expectations, legal certainty, the duty to have
      regard for the welfare of officials, the principle pacta sunt                             (2001/C 118/117)
      observanda and those which require the appointing
      authority to adopt decisions only on the basis of relevant
      factors which are not vitiated by errors of fact or law.                              (Language of the case: Italian)
—     infringement of rules common to the Member States with             By order of 12 December 2000, the President of the Fifth
      regard to performance of contracts.                                Chamber of the Court of First Instance of the European
                                                                         Communities has ordered the removal from the Register of
                                                                         Case T-244/99, Sadam Abruzzo SpA v Commission of the
                                                                         European Communities.
                                                                         (1) OJ C 20 of 22.10.2000.
       Removal from the Register of Case T-205/96 (1)
                       (2001/C 118/115)                                        Removal from the Register of Case T-245/99 (1)
                                                                                                (2001/C 118/118)
                   (Language of the case: French)
                                                                                            (Language of the case: Italian)
By order of 15 January 2001, the Court of First Instance of the
European Communities (Single Judge: J. Azizi), has ordered the           By order of 12 December 2000, the President of the Fifth
removal from the Register of Case T-205/96, Roland Bieber                Chamber of the Court of First Instance of the European
v European Parliament.                                                   Communities has ordered the removal from the Register of
                                                                         Case T-245/99, Sadam Castiglionese SpA v Commission of
                                                                         the European Communities.
(1) OJ C 54 of 22.2.1997.
                                                                         (1) OJ C 20 of 22.01.2000.