CELEX: C1999/071/71
Language: en
Date: 1999-03-13 00:00:00
Title: Removal from the register of Case T-55/98

C 71/38              EN                  Official Journal of the European Communities                              13.3.1999
Action brought on 25 January 1999 by H. Drabbe against              It took no account of the interests of the official
       the Commission of the European Communities                   concerned.
                       (Case T-27/99)
                       (1999/C 71/70)                               Ð Breach of the principle of proportionality
                (Language of the case: Dutch)
                                                                    Since the transfer is not a charge on the Community, the
                                                                    Community interest does not justify the application of a
An action against the Commission of the European                    time-limit.
Communities was brought before the Court of First
Instance of the European Communities on 25 January
1999 by H. Drabbe, an official of the Commission of the             Ð Breach of the principle of legal certainty
European Communities, residing in Overijse (Belgium),
represented by G. van der Wal, lawyer with a right of
audience before the Hoge Raad der Nederlanden, and                  The Commission's argument that the applicant must have
L. Y. J. M. Parette, of the Brussels Bar, with an address for       been aware of the time-limit, because he was informed
service in Luxembourg at the Chambers of A. May, of the             thereof when he was a member of the temporary staff,
Luxembourg Bar, 31 Grand Rue.                                       disregards the fundamental difference between the
                                                                    situation under the Staff Regulations of an official and
                                                                    that of a member of the temporary staff.
The applicant claims that the Court should:
                                                                    Ð Breach of the duty to state reasons
Ð annul the Commission decision of 19 October 1998
    refusing to allow him to transfer his national pension
    rights to the Community pension scheme;                         The Commission refers only to the existence of a
                                                                    time-limit, and does not respond to the applicant's
                                                                    assertion that he was not adequately informed of the
Ð order the defendant to pay his costs.
                                                                    time-limit, after he changed status as a result of his
                                                                    appointment as a permanent official.
Pleas in law and main arguments adduced in support:
Ð The unlawful nature of the time-limit
There is no basis in Community law for the deadline of
six months employed in the contested decision.                             Removal from the register of Case T-55/98 (1)
                                                                                           (1999/C 71/71)
Ð Breach of the duty of information
                                                                                   (Language of the case: French)
The applicant was not adequately informed of the
existence of the aforementioned time-limit.
                                                                    By order of 14 January 1999 the President of the Third
                                                                    Chamber of the Court of First Instance of the European
Ð Breach of the principle of proper administration and              Communities has ordered the removal from the register of
    the duty to have regard for the official's interests            Case T-55/98: European Association of Craft, Small and
                                                                    Medium-Sized Enterprises (UEAPME) v Council of the
The Commission refused the applicant's request on the               European Union.
basis of a time-limit of which he had not been adequately
informed.                                                           (1) OJ C 184, 13.6.1998.