CELEX: C2000/163/64
Language: en
Date: 2000-06-10 00:00:00
Title: Case T-90/00: Action brought on 18 April 2000 by Lars Bo Rasmussen against the Commission of the European Communities

C 163/32              EN                     Official Journal of the European Communities                                     10.6.2000
Grounds of claim:            — joinder of five appeal cases by          The application is based on the following pleas in law:
                                  the Board of Appeal without
                                  the consent of the party con-
                                                                        — The Council committed a manifest error of assessment in
                                  cerned
                                                                            determining the date for the retroactive application of the
                             — misapplication of Article 4 of               regulation. As it is stated in recital 134 of the regulation,
                                  Regulation (EC) No 40/94                  the anti-dumping proceedings were terminated in order to
                             — misapplication of Article                    respect the principle of non-discrimination with regard to
                                  7(1)(b) of Regulation (EC) No             imports from other third countries. The applicant submits
                                  40/94                                     that this discrimination has existed since the expiry of the
                                                                            original measures against Japan on 4th December 1997.
                             — misapplication of Article                    The retroactive termination of the proceedings should
                                  7(1)(c) of Regulation (EC) No             therefore apply from that date onwards.
                                  40/94
                                                                        — The Council has failed to provide sufficient reasoning for
                                                                            its determination of the date by which the contested
                                                                            regulation should apply.
                                                                        (1) OJ L 22, 21.1.2000, p. 1.
Action brought on 14 April 2000 by Europe Chemi-Con
(Deutschland) GmbH against the Council of the European
                             Union
                         (Case T-89/00)
                        (2000/C 163/63)
                                                                        Action brought on 18 April 2000 by Lars Bo Rasmussen
                                                                          against the Commission of the European Communities
                  (Language of the case: English)
                                                                                                 (Case T-90/00)
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 14 April 2000 by Europe Chemi-Con                                                (2000/C 163/64)
(Deutschland) GmbH (Nürnberg, Germany), represented by
Dr. Konstantinos Adamantopoulos and Mr. Juan José Gutiérrez
Gisbert, of Hammond Suddards, Brussels.
                                                                                           (Language of the case: French)
The applicant claims that the Court should:
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
— annul the last indent of Article 3 of Council Regulation              European Communities on 18 April 2000 by Lars Bo Rasmus-
    (EC) No 173/2000 in so far as it does not state that                sen, residing at Dalheim, Grand Duchy of Luxembourg,
    the retroactive effect of the regulation shall apply from           represented by Michel Karp and Joëlle Choucroun, of the
    4 December 1997 onwards;                                            Luxembourg Bar.
— order the Council to bear the costs.
                                                                        The applicant claims that the Court should:
Pleas in law and main arguments                                         — annul the decision of the Commission of 2 August 1999
                                                                            to apply Article 85 of the Staff Regulations to the mission
                                                                            undertaken by the applicant from 7 to 11 March 1998 to
The applicant seeks the annulment of Article 3 of Council                   Dublin;
Regulation (EC) No 173/2000 of 24 January 2000 terminating
the anti-dumping proceedings concerning imports of certain
                                                                        — order the defendant to pay token damages of one franc as
large aluminium electrolytic capacitors originating in Japan,
                                                                            compensation for the non-material damage suffered;
the Republic of Korea and Taiwan(1). It challenges the date
which the Council fixed for the retroactive application of the
regulation, namely 28 February 1999.                                    — order the defendant to pay the costs.
 ---pagebreak--- 10.6.2000             EN                     Official Journal of the European Communities                                     C 163/33
Pleas in law and main arguments                                         Action brought on 19 April 2000 by Tamara Zaur-Gora
                                                                          against the Commission of the European Communities
The applicant contests the decision of the appointing authority
to reduce the amount of the daily allowance in respect of a                                       (Case T-95/00)
mission to Dublin.
                                                                                                 (2000/C 163/66)
In support of his claims, the applicant puts forward two pleas
in law:
                                                                                           (Language of the case: French)
— breach of Article 85 of the Staff Regulations on recovery
     of undue payment. The appointing authority has not                 An action against the Commission of the European Communi-
     proved that the applicant had been aware that there was            ties was brought before the Court of First Instance of the
     no due reason for paying the expenses of his mission;              European Communities on 19 April 2000 by Tamara Zaur-
                                                                        Gora, residing at Lodelinsart (Belgium), represented by Jean-
— incorrect interpretation of Point VIII of the Guide on                Noël Louis and Véronique Peere, of the Brussels Bar.
     Missions.
                                                                        The applicant claims that the Court should:
                                                                        — annul the decision of the selection board in competition
                                                                             COM/C/2/99 rejecting the application submitted by the
                                                                             applicant;
Action brought on 19 April 2000 by the Territorio                       — order the defendant to pay the costs.
Histórico de Alava, Arabako Foru Aldundia — Diputación
Foral de Alava against the Commission of the European                   Pleas in law and main arguments
                          Communities
                                                                        The applicant has worked for the Commission since 1 October
                         (Case T-92/00)                                 1997, initially as a member of the auxiliary staff, then as a
                                                                        member of the interim staff and then once again as a member
                        (2000/C 163/65)                                 of the auxiliary staff. During the period when she was working
                                                                        as a member of the interim staff, she submitted her application
                                                                        as a candidate in open competition COM/2/99. The annex to
                  (Language of the case: Spanish)                       the notice of competition provided that the age limit laid down
                                                                        in it was not applicable to candidates who had possessed, for
An action against the Commission of the European Communi-               an uninterrupted period of more than one year, the status of
ties was brought before the Court of First Instance of the              an official or servant of the European Communities as at the
European Communities on 19 April 2000 by the Territorio                 date marking the deadline for submission of applications. On
Histórico de Alava, Arabako Foru Aldundia — Diputación                that basis, her application to take part in the competition was
Foral de Alava, established in Vitoria, Spain, represented by           rejected.
Antonio Creus Carreras and Begoña Uriarte Valiente, lawyers.
                                                                        In support of her claims, the applicant puts forward the
The applicant claims that the Court should:                             following pleas:
— annul the Commission’s decision of 22 December 1999                   — infringement of the principles of sound administration and
     inasmuch as it declares the fiscal measures provided for in             proper staff management;
     Normas Forales de Alava Nos 22/1994 and 24/1996 to be
     incompatible with the common market and requires the               — the commission in the present case of a manifest error of
     Spanish State to effect recovery in respect thereof;                    assessment, as well as abuse of process.
— order the Commission to pay all the costs.                            In the applicant’s view, the duties performed by her may be
                                                                        regarded as permanent tasks to be carried out in the public
                                                                        service of the Community, since the formal nature of the
Pleas in law and main arguments                                         contracts concluded by her with the Commission and the
                                                                        classification applied to them by the parties had no effect on
The pleas in law and main arguments are similar to those put            those de facto circumstances. Consequently, the contracts
forward in Case T-127/99 Diputación Foral de Alava v                   concluded since 22 May 1997 must be regarded, according to
Commission (1).                                                         the applicant, as having been entered into with a member of
                                                                        the temporary staff, having regard to the nature of the tasks to
                                                                        be carried out and the circumstances in which she has
(1) OJ C 226 of 7.8.1999, p. 41.                                        performed her duties since that date.