CELEX: C1998/184/21
Language: en
Date: 1998-06-13 00:00:00
Title: Action brought on 12 February 1998 by Henk Altmann and Others against the European Commission and the Council of the European Union (Case T-30/98)

13.6.98              EN                   Official Journal of the European Communities                                   C 184/11
1. The application for interim measures is dismissed;                Pleas in law and main arguments adduced in support:
2. The costs are reserved.
                                                                     The applicants are all members of the JET project team
                                                                     employed by the United Kingdom Atomic Energy
                                                                     Authority. This application is made consequent to the
                                                                     judgment of the Court in Joined Cases T-177/94 and 377/
                                                                     94 (1). The Commission was the defendant in those cases
                                                                     and the Council participated as intervener. In the
Action brought on 12 February 1998 by Henk Altmann                   judgment, the statutes of the JET Joint Undertaking and
and Others against the European Commission and the                   associated supplementary rules and administrative
               Council of the European Union                         practices were ruled to be illegal in so far as they resulted
                                                                     in unequal treatment of the applicants and the temporary
                       (Case T-30/98)
                                                                     employees of the Communities working together as
                        (98/C 184/21)                                members of the JET Project Team at Culham. Two
                                                                     decisions of the Commission were therefore annulled.
               (Language of the case: English)
                                                                     The applicants now submit firstly that the Commission
An action against the European Commission and the                    has not acted to comply with the judgment by adopting
Council of the European Union was brought before the                 measures to replace the annulled decisions in the light of
Court of First Instance of the European Communities on               the judgment and secondly that the Council has not
12 February 1998 by Henk Altmann and Others,                         amended the statutes. Furthermore, the current proposal
represented by Kenneth Parker QC and Rhodri Thompson                 for amendment of the statutes does not purport to address
with an address for service in Luxembourg at the Offices             the unlawful inequality of treatment found in the
of Elvinger, Hoss & Prussen, 2, Place Winston Churchill.             judgment in respect of the applicants. The Commission,
                                                                     the JET Council and the JET management have not
                                                                     altered either the supplementary rules or the
The applicants claim that the Court should:
                                                                     administrative practices ruled to be unlawful in the
                                                                     judgment and none of the proposals either to take
Ð declare that the rejection of the applicants' complaint            practical steps or to offer a financial settlement are based
    whereby the Commission and the Council failed to                 on the principles laid down in the judgment and the
    take any specific measures vis-aÁ-vis the applicants to          decisions of the Court. The applicants therefore submit
    implement the judgment of the Court in Joined Cases              that the failure of both the Commission and the Council
    T-177/94 and T-377/94 Altmann and Others v.                      to act constitutes a clear breach of Article 149 of the
    Commission of 12 December 1996 is unlawful and a                 Euratom Treaty and a service-related fault sounding in
    service-related fault for which the Commission and the           damages to the extent that such failure has caused the
    Council are liable;                                              applicants material or non-material loss.
Ð order the Commission and the Council to pay the                    (1) Altmann and Others v. Commission [1996] ECR II-2041.
    applicants:
    (a) the individual sums set out in the schedule,
         modified to the date of judgment; and, in the
         event that no order is made in respect of the
         applicants' liability for UK taxation on such
         sums,                                                       Action brought on 30 March 1998 by Anne Ruth Burrill
                                                                     and Alberto Noriega Guerra against the Commission of
    (b) such further sum as may represent:                                            the European Communities
                                                                                            (Case T-51/98)
         (i)   the sum payable by the applicants in respect
               of UK taxation, the quantification of such                                    (98/C 184/22)
               sums being adjourned pending negotiation
               between the parties and the UK tax
               authorities; alternatively                                           (Language of the case: French)
         (ii) the actual liabilities for which the applicants
               are liable to the UK tax authorities, the
               Council and the Commission being liable to            An action against the Commission of the European
               indemnify the applicants in respect of any            Communities was brought before the Court of First
               such contingent liability; and                        Instance of the European Communities on 30 March 1998
                                                                     by Anne Ruth Burrill and Alberto Noriega Guerra
                                                                     residing in RosieÁres (Belgium), represented by Georges
Ð Order the Commission and the Council to bear the                   Vandersanden, Laure Levi and Marie-Ange Marx, of the
    costs of these proceedings.                                      Brussels Bar, with an address for service in Luxembourg at