CELEX: C1997/318/64
Language: en
Date: 1997-10-18 00:00:00
Title: Action brought on 14 August 1997 by Comunidad Autónoma de Cantabria against the Council of the European Union (Case T-238/97)

18 . 10 . 97             EN                   Official Journal of the European Communities                                     C 318/33
Instance of the European Communities on 6 August 1997                    The applicant claims that the Court should :
by Franco Campoli, residing in Brussels, represented by
Sergio Diana , of the Cagliari Bar.
                                                                         1.    annul the Commission 's decision not to increase the
                                                                               amount in Danish krone transferred to the applicant's
                                                                               building loan savings account;
The applicant claims that the Court should :
                                                                         2. order the Commission to pay :
— annul        the     Commission 's     decision   rejecting  the
       applicant's application to be classified in Grade A 7 at                — Ecu 3 per day as from 28 August 1996 by way of
       the time of taking up his duties,                                           compensation for the non-material damage it has
                                                                                   caused to the applicant,
       order the Commission to pay the costs .                                     and
                                                                               — the costs of these proceedings .
Pleas in law and main arguments adduced in support:
                                                                         Pleas in law and main arguments adduced in support:
The pleas in law and main arguments are similar to those
in Case T-16/97 Chauvin v. Commission (').                               The application seeks the annulment of the Commission's
                                                                         decision rejecting the applicant's request to increase by
                                                                         Danish Krone 15 000 per month the amount transferred
                                                                         to a building loan savings account opened under his name .
The applicant maintains that the judgment in Case T-17/
95 Alexopoulou v. Commission ( 2 ) and the Commission
decision published in March 1996 constitute new facts,                   The applicant states in this regard that he has made the
and also indications of the will of the administration to                application as a result of the judgment of the Court of
reapply a provision of the Staff Regulations ( Article 31 ( 2 ))         First Instance of the European Communities of 1 1 June
which was unlawfully disapplied. The applicant argues in                 1996 which held his application inadmissible in Case
that respect that, in correcting the unlawfulness of its                 T- 11 1 /94 (') after finding that the administrative
earlier conduct as impugned in the case cited above,                     procedure had been exhausted in the absence of an act
the Commission should give Article 31 ( 2 ) of the Staff                 adversely affecting him and of a request that a decision
Regulations an application not limited in time to the date               relating to him be taken .
of the judgment in that case .
                                                                         The pleas in law and main arguments are essentially the
(') OJ C 74 , 8 . 3 . 1997, p . 27.                                      same as those in the applications in Cases T- 11 0/94 ( 2 )
( 2 ) 119951 ECR-SC 11-683 .                                             and T-l 11 /94 ( 3 ), basically alleging an error of assessment
                                                                         of the conditions required by the applicable legislation in
                                                                         order to be entitled to an increase in the amount of the
                                                                         transfer referred to herein, as well as disregard for the
                                                                         obligation to provide reasons.
                                                                         (') ECR-SC 11-819 .
Action brought on 11 August 1997 by Giovanni                             ( 2 ) OJ C 120, 30 . 4 . 1994, p . 27.
        Ouzounoff Popoff against the Commission of the                   n OJ C 120, 30 . 4 . 1994, p . 28 .
                       European Communities
                           ( Case T-236/97 )
                             ( 97/C 318/63 )
                                                                         Action brought on 14 August 1997 by Comunidad
                  (Language of the case: Spanish)                               Autonoma de Cantabria against the Council of the
                                                                                                    European Union
                                                                                                     Case T-238/97 )
An action against the Commission of the European
 Communities was brought before the Court of First                                                    ( 97/C 318/64 )
Instance of the European Communities on 11 August
 1997 by Giovanni Ouzounoff Popoff, residing at Brussels,                                 (Language of the case: Spanish)
represented by Antonio Creus Carreras and Alex
 Subirachs Amigo, both of the Barcelona Bar, with an
 address for service at 78 Avenue d'Audeghem, 1040                        An action against the Council of the European Union
 Brussels .                                                              was brought before the Court of First Instance of
 ---pagebreak--- C 318/34                EN                Official Journal of the European Communities                                    18 . 10 . 97
the European Communities on 14 August 1997 by                        Action brought on 8 September 1997 by C against the
Comunidad Autonoma de Cantabria, Spain, represented                           Commission of the European Communities
by Juan Ignacio Saez Bereciartu of the Cantabria Bar.                                           Case T-248/97 )
                                                                                                 ( 97/C 318/65 )
The applicant claims that the Court should:
                                                                                     (Language of the case: Spanish)
                                                                     An action against the Commission of the European
— annul the reference to Astander from the 11th recital
                                                                     Communities was brought before the Court of First
      in the preamble to Council Regulation ( EC ) No 1013/          Instance of the European Communities on 8 September
      97 and remove the condition that aid provided for in           1997 by C, represented by Valeriano Hernandez Martin,
      Articles 1 and 2 is subject to the restriction of ship         of the Madrid Bar, with an address for service at 2 Calle
      conversions in the aforementioned shipyard.                    Conde de la Cimera, Madrid.
                                                                     The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:
                                                                     — declare wholly null and void or non-existent the
                                                                          decision of the appointing authority of the European
The applicant complains that Council Regulation ( EC ) No                 Commission of 30 March 1992 , whereby C's
 1013/97 ('), of 2 June 1997 on aid to certain shipyards                  resignation was accepted and deemed to be definitive,
under restructuring states in the 11th recital that ship
conversions will not be carried out in the shipyard at               — acknowledge the applicant's current status as a
Astander. Although that statement is not expressly                        Commission official and either: ( a ) order payment of
reflected in the body of the Regulation, it is none the less              salary due to him but unpaid since 1 April 1992 ; or,
the case that it sets a condition for the award of the                    in the alternative ( b ) find that the invalidity pension
exceptional aid which is provided for in Articles 1 and 2                 to be granted to C following completion of the
thereof. Thus, Article 1 (4 ) refers to the possibility that aid          appropriate procedure should take effect from 1 April
 for the restructuring of the publicly-owned yards in Spain               1992 ,
 may be considered compatible with the common market
 up to an amount and in the forms specified in the                   — order the Commission of the European Communities
 Regulation itself, such aid being nevertheless subject, by               to pay the costs .
way of the recital under challenge , to there being no ship
 conversions carried out in the shipyard at Astander as
 long as it remains in public ownership.                             Pleas in law and main arguments adduced in support:
                                                                     The pleas in law and main arguments are those previously
                                                                     relied on in Case T-27/97 C v. Commission (').
 The applicant claims that the reference to Astander in the
 contested Regulation breaches the reservation expressly set
 forth in Article 189 of the Treaty of Rome in that a                (■) OJ C 181 , 14 . 6 . 1997, p . 15 .
 genuine decision is inserted in the preamble to a
 regulation when it should have been embodied in a
 separate piece of legislation rather than included in vague
 terms in a provision of general application . Although it
 uses a regulation, the Council makes its effectiveness
 subject to the observance of a decision, which is also              Action brought on 8 September 1997 by C against the
 mandatory but which affects the specific persons to whom                      Commission of the European Communities
 it is addressed .                                                                             ( Case T-249/97 )
                                                                                                  ( 97/C 318/66 )
 Moreover, the applicant alleges breach of the obligation to                          (Language of the case: Spanish)
 provide a statement of reasons for measures inasmuch as,
 in its view, it is impossible to understand why a general
 aid scheme is made subject to a restriction concerning a            An action against the Commission of the European
 specific and determined shipbuilding yard . None of this             Communities was brought before the Court of First
 has any basis at all in any accord or agreement which                Instance of the European Communities on 8 September
 might have given rise to a decision of such impact on the            1997 by C, represented by Valeriano Hernandez Martin,
 shipyard concerned and the surrounding districts .                   of the Madrid Bar, with an address for service in Madrid
                                                                      at 2 Calle Conde de la Cimera .
 O OJ L 148 , 6 . 6 . 1997, p . 1 .                                   The applicant claims that the Court should uphold this
                                                                      application seeking the grant of an invalidity pension to
                                                                      him in the terms set out below and order the Commission
                                                                      to pay the costs.