CELEX: C2002/003/69
Language: en
Date: 2002-01-05 00:00:00
Title: Case T-263/01: Action brought on 17 October 2001 by Petros Mavromikhalis against the Commission of the European Communities

C 3/40                 EN                     Official Journal of the European Communities                                     5.1.2002
Action brought on 19 October 2001 by Jürgen Sachau                       The applicant submits that the decision is defective in form
  against the Commission of the European Communities                     and in content, inter alia because the Commission exceeded the
                                                                         period allowed for replying to the application and the decision
                                                                         contains no statement of reasons. Furthermore, the decision is
                         (Case T-262/01)                                 contrary to the principles of proper administration and equal
                                                                         treatment, to the proper exercise of discretion and to the duty
                                                                         to have regard for the interests of officials.
                          (2002/C 3/68)
                   (Language of the case: German)
An action against the Commission of the European Communi-                Action brought on 17 October 2001 by Petros Mavromi-
ties was brought before the Court of First Instance of the               khalis against the Commission of the European Communi-
European Communities on 19 October 2001 by Jürgen                                                       ties
Sachau, resident in Kassel, Germany, represented by Dörte
Fouquet, Lawyer, with an address for service in Luxembourg.
                                                                                                  (Case T-263/01)
The applicant claims that the Court should:                                                        (2002/C 3/69)
—     declare that the decision dated 19 December 2000 sent                                 (Language of the case: Greek)
      by the defendant to the applicant is inoperative;
—     declare that the defendant is to reimburse to the applicant
      all costs and expenditure which he has incurred as a               An action against the Commission of the European Communi-
      result of the period allowed for replying to the application       ties was brought before the Court of First Instance of the
      for continued employment, which expired on 19 Decem-               European Communities on 17 October 2001 by Petros
      ber 2000, being clearly exceeded by the defendant in that          Mavromikhalis, a Commission official, resident in Brussels,
      it did not formulate the decision until 19 December                represented by Nikolaos Korogiannakis, Lawyer, with an
      2000;                                                              address for service in Brussels.
—     declare that the applicant is to be engaged by the
      defendant with immediate effect on a contract of unlimi-           The applicant claims that the Court should:
      ted duration retroactively in Post COM/R/5698/00-
      A8/A5 ST or in a comparable post in accordance with                —    grant the application as well founded in law and in
      the applicant’s professional qualifications;                            substance;
—     order the defendant to pay the costs of the proceedings            —    annul:
      including the applicant’s costs.
                                                                              —     the implied decision of the European Commission
                                                                                    by which it rejected the applicant’s complaint seek-
                                                                                    ing reconsideration of his placement in Grade A 5
                                                                                    instead of Grade A 4 on the basis of Article 31(2) of
Pleas in law and main arguments                                                     the Staff Regulations;
                                                                              —     in the alternative, the implied decision of the
The applicant submitted his candidature for Post                                    European Commission by which it rejected the
COM/R/5698/00-A8/A5 ST at the Joint Research Centre in                              applicant’s complaint seeking placement at Step 2
Ispra. At that time he was engaged in that post on a fixed-term                     with additional seniority of 5,5 months instead of at
contract. His contract expired on 30 September 2000 and,                            Step 1 on the basis of Article 32 of the Staff
since it had been indicated to him internally that he would be                      Regulations retroactively from the date of his
able to continue in the post, he decided to remain in Ispra in                      appointment;
order to be available to be called by the Commission. He did
not receive the Commission’s rejection until the decision of             —    order the defendant to pay the costs irrespective of the
19 December 2000.                                                             outcome of the case.
 ---pagebreak--- 5.1.2002               EN                     Official Journal of the European Communities                                          C 3/41
Pleas in law and main arguments                                          Pleas in law and main arguments
The appointing authority applied Article 46 of the Staff                 The applicant is challenging Commission Decision
Regulations and did not evaluate the applicant’s professional            C(2001)1759 final of 11 July 2001 in so far as it characterises
experience in order to establish whether it would be possible            as State aid incompatible with the common market the tax
for Article 31(2) of the Staff Regulations to be applied in order        reductions under Articles 52 to 56 of the Ley Foral (Regional
to appoint him in Grade A 4 instead of Grade A 5.                        Law) 24/1996 del impuesto sobre sociedades (Regional Law
                                                                         on corporation tax) of 30 December 1996 (Boletı́n Oficial de
                                                                         Navarra No 159 of 31 December 1996) which provide for a
                                                                         reduction of 50 % on the aforementioned tax for undertakings
The appointing authority should have calculated, on the basis
                                                                         which take up business in the Autonomous Community of
of the second paragraph of Article 32(2), his additional
professional experience and placed him at Step 2, and should             Navarra after the entry into force of that Law, provided they
                                                                         invest a minimum of PTA 100 million (EUR 601 012) and
have granted him additional seniority of 5,5 months at Step 2.
                                                                         create more than 10 new jobs.
Deficient statement of reasons.                                          The pleas in law and main arguments on which the applicant
                                                                         relies are similar to those put forward in Case T-225/01.
Action brought on 22 October 2001 by Confederación
Empresarial Vasca against Commission of the European                     Action brought on 22 October 2001 by Confederación
                          Communities                                    Empresarial Vasca against Commission of the European
                                                                                                   Communities
                         (Case T-265/01)
                                                                                                  (Case T-266/01)
                          (2002/C 3/70)
                                                                                                   (2002/C 3/71)
                  (Language of the case: Spanish)
                                                                                            (Language of the case: Spanish)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               An action against the Commission of the European Communi-
European Communities on 22 October 2001 by Confedera-                    ties was brought before the Court of First Instance of the
ción Empresarial Vasca, whose registered office is at Bilbao            European Communities on 22 October 2001 by Confedera-
(Spain, represented by Marcos Araujo Boyd, lawyer.                       ción Empresarial Vasca, whose registered office is at Bilbao
                                                                         (Spain, represented by Marcos Araujo Boyd, lawyer.
The applicant claims that the Court should:
                                                                         The applicant claims that the Court should:
—     annul the decision of the defendant of 11 July 2001 on             —     annul the decision of the defendant of 11 July 2001 on
      the system of State aid applied by Spain to undertakings                 the system of State aid applied by Spain to undertakings
      in Alava in the shape of a tax credit of 45 % of the cost                in Vizcaya in the shape of a tax credit of 45 % of the cost
      of the investment;                                                       of the investment;
—     in the alternative, annul Articles 3 and 4 of the decision         —     in the alternative, annul Articles 3 and 4 of the decision
      of the defendant of 11 July 2001 on the system of State                  of the defendant of 11 July 2001 on the system of State
      aid applied by Spain to undertakings in Alava in the                     aid applied by Spain to undertakings in Vizcaya in the
      shape of a tax credit of 45 % of the cost of the investment,             shape of a tax credit of 45 % of the cost of the investment,
      inasmuch as the obligation to recover the amounts not                    inasmuch as the obligation to recover the amounts
      levied by the Alava regional revenue authorities pursuant                not levied by the Vizcaya regional revenue authorities
      to the disputed fiscal legislation is unjustified;                       pursuant to the disputed fiscal legislation is unjustified;
—     order the Commission to pay the costs.                             —     order the Commission to pay the costs.