CELEX: C1998/094/84
Language: en
Date: 1998-03-28 00:00:00
Title: Action brought on 19 January 1998 by Carlos Alberto Leite Mateus against the Commission of the European Communities (Case T-21/98)

C 94/36               EN                   Official Journal of the European Communities                                       28.3.98
Court of Justice, must not be borne by an official assigned           In contesting that rejection, the applicant pleads, first,
to a non-member State. The result of the contested                    infringement of Article 25(2) of the Staff Regulations,
decisions is to unjustly enrich the institutions whereas the          stating that the defendant did not provide him with the
applicant actually incurred costs for accommodation for               means to enable him to assess whether the contested
which she was reimbursed. The fact that she owns the                  decision was well-founded.
building which she occupies is of no effect on the
genuineness of the cost of accommodation incurred.
                                                                      The applicant also alleges infringement of Article 12 of
                                                                      the Conditions of employment of other servants and that
Moreover, there is no provision of the Staff Regulations or
                                                                      the vacancy notice is unlawful inasmuch as the exclusion
of Annex X to the Staff Regulations which authorises an
                                                                      criterion relied on by the APCC to justify rejecting his
institution to refuse to reimburse the cost of
                                                                      candidature, which in any event is not expressly stated in
accommodation of an official assigned to a non-member
                                                                      the vacancy notice, does not constitute a proper means for
State who owns the accommodation which he or she
                                                                      achieving the objective pursued by the abovementioned
occupies in the place where the institution has sent him or
                                                                      provisions, namely, securing for the institution the services
her solely in the interest of the service.
                                                                      of officials of the highest standard of ability, efficiency and
Finally, the contested decisions breach the general                   integrity.
principle that all officials must be treated equally
inasmuch as they are based on internal directives which               Finally, the applicant argues that the APCC committed a
do not taken into consideration the accommodation factor              manifest error of assessment when it considered that his
when determining the weighting where an official becomes              candidature could not be taken into consideration for the
the owner of the flat or building which he occupies.                  post for which he had applied, whereas his qualifications,
                                                                      training and experience perfectly match the job profile for
                                                                      the post.
Action brought on 19 January 1998 by Carlos Alberto
Leite Mateus against the Commission of the European
                         Communities
                        (Case T-21/98)                                Action brought on 21 January 1998 by the Scottish Soft
                                                                      Fruit Growers Limited against the Commission of the
                         (98/C 94/84)                                                     European Communities
               (Language of the case: French)                                                 (Case T-22/98)
                                                                                               (98/C 94/85)
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 19 January                                    (Language of the case: English)
1998 by Carlos Alberto Leite Mateus, residing at
Zaventem (Belgium), represented by Jean-NoeÈl Louis,                  An action against the Commission of the European
Ariane Tornel and FrancËoise Parmentier, of the Brussels              Communities was brought before the Court of First
Bar, with an address for service in Luxembourg at Fidu-               Instance of the European Communities on 21 January
ciaire Myson SARL, 30 Rue de Cessange.                                1998 by the Scottish Soft Fruit Growers Limited,
                                                                      represented by Fergus Randolph, with an address for
The applicant claims that the Court should:                           service in Luxembourg at the offices of Arendt &
                                                                      Medernach, 8Ð10, rue Matthias Hardt.
Ð annul the decision of the Commission of 11 March
    1997 to reject the applicant's candidature for post
    NPPR/2002/96,                                                     The applicant claims that the Court should:
Ð order the defendant to pay the costs.                               Ð annul the decision of the Commission, received by the
                                                                          applicant on 12 November 1997, refusing to accede to
Pleas in law and main arguments adduced in support:
                                                                          a request made by the Scottish Office concerning the
                                                                          repayment of start-up grant by the applicant, and
The applicant, an official in Grade B at the Commission
since 1988, put forward his candidature in response to a
call for expressions of interest published on 14 October              Ð order the Commission to pay the costs.
1996 with a view to employing temporary staff in
Research' budgetary posts. By memorandum of 11 March
                                                                      Pleas in law and main arguments adduced in support:
1997 he was informed that his candidature had been
rejected. Following the complaint lodged against that
decision, the authority with the power to conclude                    The applicant explains that it was formed in 1992 to carry
contracts (APCC) stated that the rejection of the                     on business as the producers' organisation for raspberries
applicant's candidature was based on the fact that he                 in the United Kingdom. As such, under Article 2(2) of
could not participate in a selection procedure for                    Council Regulation (EEC) 1991/92, establishing a special
temporary staff members since he was already an official.             scheme for raspberries intended for processing (OJ L 199,