CELEX: C1995/286/36
Language: en
Date: 1995-10-28 00:00:00
Title: Action brought on 7 April 1995 by Peter Esmond Stott against the Commission of the European Communities (Case T-99/95)

28 . 10 . 95           KN                  Official Journal of the European Communities                                 No C 286/ 15
European Communities ( Agents : Francisco Gonzalez Diaz               Pleas in law and main arguments adduced in support:
and Géraud de Bergues ) — application for the annulment of
Commission Decision 94/893/EC of 21 June 1994 declaring               The applicant, who is employed by the United Kingdom
a concentration to be compatible with the common market               Atomic Energy Authority ( UKAEA ) and the JET Joint
and the functioning of the EEA Agreement ( IV/M.430 —                 Undertaking, as a senior member of the JET project team, as
Procter & Gamble/VP Schickedanz ( II ), OJ No L 354, p. 32 )          well as one of the applicants in Case T- 177/94 Altmann and
— the Court of First Instance ( First Chamber, Extended               Others, challenges the Commission's decision refusing him
Composition ), composed of J. L. Cruz Vilaça , President,             the possibility of changing his employment from the
and D. P. M. Barrington , A. Saggio , H. Kirschner and A.             UKAEA to the Commission itself, in accordance with
Kalogeropoulos , Judges ; H. Jung, Registrar, has made an             Article 8 of the JET Statutes .
order on 16 August 1995 , in which it :
                                                                      The current application derives from the requirement,
 1 . rejects the request by Procter & Gamble GmbH for a               imposed by that article, that where staff are 'made available
     derogation from the rules governing languages in so far          by the Members of the JET Joint Undertaking other than the
     as it concerns the written procedure;                            host organization' and 'recruited by the Commission for
                                                                      temporary posts' the member in question ' shall undertake to
2 . grants the request of Procter & Gamble GmbH to use                re-employ the staff whom it placed at the disposal of the
     English in the oral procedure;                                   Project (. . .) as soon as the work of such staff on the Project
                                                                      has been completed'. This requirement having been
3.   reserves its decision as to costs .                              systematically interpreted by the Commission to mean that
                                                                      all temporary employees of the Commission working at JET
(') O J No C 316 , 12 . 11 . 1994 .                                   are required to obtain a 'return ticket' from a member of JET
                                                                      other than UKAEA, the applicant has now obtained a
                                                                      ' return ticket ' from the Swedish National Science Research
                                                                      Council , a member of JET, via an offer of employment from
                                                                      the Swedish Royal Institute of Technology .
Action brought on 7 April 1995 by Peter Esmond Stott                  It is fundamental to the applicant's case that since 1987 the
   against the Commission of the European Communities                 Commission, and the JET management generally, have
                         ( Case T-99/95 )                             failed to take any proper account of their obligations
                           ( 95/C 286/36 )                            towards the UKAF1A employees of JET and have in fact
                                                                      acted deliberately against the interests of those persons, so
                                                                      that this application raises issues closely related to those
                (Language of the case: English)                       raised in Case T-177/94 Altmann and Others .
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 7 April 1995 by
Peter Esmond Stott, represented by Kenneth Parker and
Rhodri Thompson , with an address for service in
Luxembourg at the Cabinet Elvinger, Hoss and Prussen, 15              Action brought on 8 August 1995 by LPN — Liga para a
Cote d'Eich .                                                         Protecção da Natureza, and by GEOTA — Grupo de
                                                                      Estudos do Ordenamento do Territorio e do Ambiente,
                                                                         against the Commission of the European Communities
The applicant claims that the Court should :
                                                                                              ( Case T-155/95 )
— annul the Commission 's decision of 28 December 1994                                          ( 95/C 286/37 )
     addressed to the applicant,
                                                                                     (Language of the case: Portuguese)
— order the Commission to direct the Director of the JET
     Joint Undertaking to take steps necessary to enable the
     applicant to become a temporary employee of the                  An action against the Commission of the European
     Commission in accordance with Article 8 ( 5 ) of the              Communities was brought before the Court of First
     Statutes of the JET Joint Undertaking without requiring          Instance of the European Communities on 8 August 1995 by
     the applicant first to vacate his current post at JET or to       LPN — Liga para a Protecção de Natureza, whose registered
     apply for any other post at JET,                                 office is at 187 Estrada do Calhariz de Benfica , Lisbon,
                                                                      represented by Agostinho Pereira de Miranda, Rui
— order the Commission to pay compensation to the                     Amendoeira and Paula Gomes Freire, of the Lisbon Bar, and
     applicant in relation to the difference in his terms and         whose chambers are at 27 Ave. Antonio de Aguiar, 2nd Floor
     conditions of employment resulting from the failure of            Rt. , Lisbon, and by GEOTA — Grupo de Estudos do
     the Director of JET to act on the letter addressed to the         Ordenamento do Territorio e do Ambiente, whose
     JET Director from the applicant dated 16 May 1994 ,               registered office is at 17 — c/v Rt., Travessa Moinho de
     and                                                               Vento, Lisbon, represented by Jose Cunhal Sendim, of the
                                                                       Lisbon Bar, and whose chambers are at 10, Ave . Afonso
— order the Commission to pay the applicant's costs .                  Costa , 11 th Floor Rt. , Lisbon.