CELEX: C1999/246/16
Language: en
Date: 1999-08-28 00:00:00
Title: Case C-153/99 P: Appeal brought on 23 April 1999 by the Commission of the European Communities against the judgment delivered on 25 February 1999 by the Fourth Chamber of the Court of First Instance of the European Communities in Joined Cases T-282/97 and T-57/98 between Antonio Giannini and the Commission of the European Communities

C 246/8                  EN                     Official Journal of the European Communities                                     28.8.1999
                     ORDER OF THE COURT                                    by Gilles Bouneou, of the Luxembourg Bar, with an address
                                                                           for service in Luxembourg at the latter’s Chambers, 4 Rue de
                           of 11 May 1999                                  l’Avenir — appeal against the judgment of the Court of First
                                                                           Instance of the European Communities (Fifth Chamber) of 28
                                                                           May 1998 in Joined Cases T-78/96 and T-170/96 W v
in Case C-325/98 (reference for a preliminary ruling from                  Commission [1998] ECR-SC I-A-239 and II-745, seeking to
the Tribunal Grande Instance de Lille): Philippe Anssens                   have that judgment set aside, the other party to the proceedings
         v Directeur des Services Fiscaux du Nord (1)                      being the Commission of the European Communities (Agent:
                                                                           Julian Currall, assisted by Denis Waelbroeck) — the Court
     (Reference for a preliminary ruling — Inadmissible)                   (First Chamber), composed of: P. Jann (Rapporteur), President
                                                                           of the Chamber, L. Sevón and M. Wathelet, Judges; D. Ruiz-
                           (1999/C 246/14)                                 Jarabo Colomer, Advocate General; R. Grass, Registrar, has
                                                                           made an order on 10 June 1999, the operative part of which
                                                                           is as follows:
                     (Language of the case: French)
                                                                           1. The appeal is dismissed.
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                         2. W is to pay the costs.
In Case C-325/98: reference to the Court under Article 234 EC
(ex Article 177) from the Tribunal de Grande Instance, Lille               (1) OJ C 299 of 26.9.1998.
(France), for a preliminary ruling in the proceedings pending
before that court between Philippe Anssens and Directeur des
Services Fiscaux du Nord — on the interpretation of Article
95 of the EC Treaty (now, after amendment, Article 90 EC) —
the Court composed of: G.C. Rodriguez Iglesias, President,
P.J.G. Kapteyn, J.-P. Puissochet, G. Hirsch and P. Jann, Presi-
dents of Chambers, G.F. Mancini, J.C. Moitinho de Almeida,
C. Gulmann, J.L. Murray, D.A.O. Edward, H. Ragnemalm,
L. Sevón and M. Wathelet (Rapporteur), Judges; G. Cosmas,
Advocate General; R. Grass, Registrar, made an order on 11
May 1999, the operative part of which is as follows:                       Appeal brought on 23 April 1999 by the Commission of
                                                                           the European Communities against the judgment deliver-
                                                                           ed on 25 February 1999 by the Fourth Chamber of the
The reference for a preliminary ruling from the Tribunal de Grande         Court of First Instance of the European Communities in
Instance de Lille, by judgment of 7 August 1998, is inadmissible.          Joined Cases T-282/97 and T-57/98 between Antonio
                                                                           Giannini and the Commission of the European Communi-
(1) OJ C 378 of 5.12.1998.                                                                               ties
                                                                                                  (Case C-153/99 P)
                                                                                                   (1999/C 246/16)
                     ORDER OF THE COURT                                    An appeal against the judgment delivered on 25 February
                                                                           1999 by the Fourth Chamber of the Court of First Instance of
                           (First Chamber)                                 the European Communities in Joined Cases T-282/97 and
                                                                           T-57/98 between Antonio Giannini and the Commission of
                           of 10 June 1999                                 the European Communities was brought before the Court of
                                                                           Justice of the European Communities on 23 April 1999 by the
                                                                           Commission of the European Communities, represented by
in Case C-304/98 P: W v Commission of the European                         Gianluigi Valsesia, Principal Legal Adviser, and Julian Currall,
                           Communities (1)                                 Legal Adviser, assisted by Denis Waelbroeck, of the Brussels
                                                                           Bar, with an address for service in Luxembourg at the office of
(Officials — Reassignment — Interests of the service —                     Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
Administrative fault — Liability of the institution —
        Manifestly inadmissible and unfounded appeal)
                                                                           The appellant claims that the Court should:
                           (1999/C 246/15)
                                                                           — declare the appeal admissible and well-founded;
                     (Language of the case: French)
                                                                           — consequently, annul the contested judgment (1); and
In Case C-304/98 P: W, an official of the Commission of the
European Communities, residing in Luxembourg, represented                  — order the respondent to the appeal to pay the costs.
 ---pagebreak--- 28.8.1999               EN                   Official Journal of the European Communities                                        C 246/9
Pleas in law and main arguments                                         Pleas in law and main arguments
Error of law on the part of the Court of First Instance as
                                                                        In basing its findings on incorrect premisses, namely, an
regards a misuse of powers and infringement of Article 176 of
                                                                        erroneous characterisation of certain facts, the Court of First
the EC Treaty (now Article 233 EC): the Commission maintains
                                                                        Instance reached a conclusion which unlawfully reduced the
that the mere fact that it decided — in consequence of the
                                                                        time-limit for submitting a complaint and prejudiced the rights
initial annulment of the appointment of Mr X — to withdraw
                                                                        of the defence. The Court of First Instance wrongly treated as
the vacancy notice and to replace it with another one cannot
                                                                        a complaint, within the meaning of Article 90(2) of the Staff
in itself be construed, under any circumstances, as tantamount
                                                                        Regulations, a letter from the appellant’s lawyer which clearly
to a misuse of powers without disregarding Article 176 of the
                                                                        shows that the appellant had not yet taken the decision to
EC Treaty itself and the separation of powers which must of
                                                                        submit a complaint.
necessity exist between the executive and the Community
judicature. The wide discretion enjoyed by the appointing
authority in defining the conditions governing access to a post
in accordance with the needs of the service cannot be called in
question, even where the recruitment procedure has been
partially annulled by a judgment of the Community judicature.
In order for it to be able to state that the new vacancy notice
was worded in an arbitrary or even wrongful manner, the
Court of First Instance should first have established the
irrelevance of the qualifications to which particular importance
was attached in the new vacancy notice as publicised.                   Action brought on 20 April 1999 by the European
                                                                        Parliament against Société d’aménagement et d’équipe-
                                                                        ment de la région de Strasbourg (Development and
(1) OJ C 160 of 5.6.1999, p. 19.                                        installation company for the region of Strasbourg —
                                                                                     S.E.R.S.) and the City of Strasbourg
                                                                                                (Case C-167/99)
                                                                                                (1999/C 246/18)
Appeal brought on 26 April 1999, by Corrado Politi
against the order made on 9 February 1999 by the Second                 An action against Société d’aménagement et d’équipement de
Chamber of the Court of First Instance of the European                  la région de Strasbourg (S.E.R.S.) and the City of Strasbourg
Communities in Case T-124/98 between Corrado Politi                     was brought before the Court of Justice of the European
             and the European Training Foundation                       Communities on 20 April 1999 by the European Parliament,
                                                                        represented by Timothy Millet, Head of Division in its Legal
                         (Case C-154/99 P)                              Service, and Olivier Caisou-Rousseau, also of that service,
                                                                        acting as Agents, with an address for service in Luxembourg at
                                                                        the General Secretariat of the European Parliament, Mail and
                          (1999/C 246/17)                               Registration Service, Bâtiment Tour, Office 017.
An appeal against the order made on 9 February 1999 by the
Second Chamber of the Court of First Instance of the European           The European Parliament claims that the Court should:
Communities in Case T-124/98 between Corrado Politi and
the European Training Foundation was brought before the                 1. order S.E.R.S. to pay penalties for fate completion from 9
Court of Justice of the European Communities on 26 April                    January 1998, the contractual date for completion of the
1999 by Corrado Politi, represented by Jean-Noël Louis,                     IPE IV building, until 14 December 1998 inclusive, the day
Gréta-Françoise Parmentier and Véronique Peere, of the Brus-                before that building was declared to be completed, or, in
sels Bar, with an address for service in Luxembourg at the                  the alternative, order S.E.R.S. to pay penalties for fate
offices of Fiduciaire Myson SARL, 30 Rue de Cessange.                       completion from such contractual date for completion as
                                                                            the Court may decide;
The appellant claims that the Court should:
                                                                        2. declare the delays after 9 January 1998, the contractual
     declare and rule that:                                                 date for completion of the IPE IV building, unjustified, and,
                                                                            accordingly, declare that the European Parliament is not
     — the order of the Court of First Instance of the European             liable to interim interest from that contractual date for
          Communities (Second Chamber) of 9 February 1999                   completion of the IPE IV building until 14 December 1998
          in Case T-124/99 Corrado Politi v European Training               inclusive, or, in the alternative, declare that the European
          Foundation is to be set aside;                                    Parliament is not liable to interim interest from such
                                                                            contractual date for completion as the Court may decide;
     — the case is to be referred back to the Court of First
          Instance for adjudication on the pleas advanced by the
          appellant in the substantive proceedings;                     3. annul the opinion of the College of conciliators;
     make the appropriate ruling as to costs.                           4. order the defendants to pay the costs.