CELEX: C1998/166/40
Language: en
Date: 1998-05-30 00:00:00
Title: Action brought on 15 December 1997 by David Manuel de Abreu and Others against Council of the European Union and Commission of the European Communities (Cases T-317/97 to T-508/97)

30.5.98               EN                Official Journal of the European Communities                                 C 166/15
The total amount of the costs to be reimbursed by                  According to the applicant, by the clearly indadequate and
International Procurement Services SA to the Commission            insufficient measures adopted, the Community breached
shall be FF 50 000.                                                the general principles of equal treatment, protection of
                                                                   legitimate expectations, legal certainty, proportionality
(1) OJ C 174 of 25.6.1994.                                         and non-discrimination.
                                                                   In the applicant's view, the adoption of such measures so
                                                                   completely unrelated to circumstances in Portugal is
                                                                   tantamount to a total failure to take account of the
                                                                   situation there. By not taking account of the specific
Action brought on 15 December 1997 by Hermínia
                                                                   conditions affecting Portuguese customs officials, the
Fernanda dos Santos Morais Antas against Council of the
                                                                   Community did not act in such a way as to ensure that
     European Union and Commission of the European
                                                                   the damage caused to them was compensated, by way of
                         Communities
                                                                   more flexible rules, in the same way as that suffered by
                       (Case T-316/97)                             officials in northern European countries. In view of the
                        (98/C 166/39)                              conditions affecting their work as customs officials, which
                                                                   differ greatly from those affecting Portuguese conditions,
                                                                   the latter were able to take full advantage of some of the
             (Language of the case: Portuguese)                    measures put in place and thus gained a competitive
                                                                   advantage in the market by means of the Community
An action against the Council of the European Union and            funds from which they were able to benefit.
the Commission of the European Communities was
brought before the Court of First Instance of the European
Communities on 15 December 1997 by Hermínia                        Furthermore, by requiring the applicant to maintain its
Fernanda dos Santos Morais Antas, residing at Vila Nova            professional organization fully in force in order to carry
de Gaia, represented by Cristina Ferreira, Francisco               out its duties until 31 December 1992, the Community did
Espregueira Mendes, Teresa Fonseca and Rui GuimaraÄes              not enable the organization to be dismantled or retrained
Lopes, of the Oporto Bar.                                          timeously in view of the circumstances of the single
                                                                   market and, secondly, fed' its hopes that its inglorious
The applicant claims that the Court should:                        efforts would be rewarded'.
Ð declare the Council and the Commission jointly and
    severally liable, pursuant to Articles 215 and 178 of          Finally, the applicant states that, although the Single Act
    the EC Treaty, for the damage caused by virtue of the          constitutes an overriding Community interest, that does
    transitional and training measures necessary in the            not justify customs officials, including the applicant,
    sector to which the applicant belongs;                         having inflicted upon them damage which is undeniably
                                                                   abnormal and specific without providing for them
                                                                   transitional and training measures which might be
Ð order the Council and the Commission jointly and                 considered adequate.
    severally to pay ESC 3 126 768 by way of
    compensation for the abovementioned damage,
    together with the interest accrued, at the rate of 10 %,
    as prescribed by law, from the date of the summons to
    the date on which payment is actually made;
Ð order the Council and the Commission to pay the                  Action brought on 15 December 1997 by David Manuel
    costs.                                                         de Abreu and Others against Council of the European
                                                                      Union and Commission of the European Communities
Pleas in law and main arguments:                                                   (Cases T-317/97 to T-508/97)
From 31 December 1992, the applicant was employed as                                       (98/C 166/40)
a customs agent in the Oporto Customs Authority area.
She claims to have suffered abnormal, particular and
direct damage as a result of the progressive realization of                     (Language of the case: Portuguese)
the internal market, established by the Single European
Act. The applicant points out that the causal factor of the
damage is not held to be, in the present action, the Single        An action against the Council of the European Union and
Act itself but the fact that the Community institutions did        the Commission of the European Communities was
not fulfil their obligation under the Single European Act,         brought before the Court of First Instance of the European
namely the obligation to introduce the appropriate                 Communities on 15 December 1997 by David Manuel de
compensatory and transitional measures for the retraining          Abreu and Others, residing in Portugal, represented by
of customs agent in view of the new Community                      Cristina Ferreira, Francisco Espregueira Mendes, Teresa
circumstances.                                                     Fonseca and Rui GuimaraÄes Lopes, of the Oporto Bar.
 ---pagebreak--- C 166/16             EN                 Official Journal of the European Communities                                    30.5.98
The applicants claim that the Court should:                        Pleas in law and main arguments:
Ð declare the Council and the Commission jointly and               The pleas in law and main arguments are identical with
    severally liable, pursuant to Articles 215 and 178 of          those relied upon in Case T-316/97 Hermínia Fernanda
    the EC Treaty, for the damage caused by virtue of the          dos Santos Morais Antas v Council and Commission.
    transitional and training measures necessary in the
    sector to which the applicant belongs;
Ð order the Council and the Commission jointly and
    severally to pay ESC 3 126 768 by way of
    compensation for the abovementioned damage,                    Action brought on 15 December 1997 by Fernando
    together with the interest accrued, at the rate of 10 %,       EugeÂnio de Abreu and Others against Council of the
    as prescribed by law, from the date of the summons to              European Union and Commission of the European
    the date on which payment is actually made;                                            Communities
                                                                                  (Cases T-518/97 to T-564/97)
Ð order the Council and the Commission to pay the                                         (98/C 166/42)
    costs.
                                                                                (Language of the case: Portuguese)
Pleas in law and main arguments:
                                                                   An action against the Council of the European Union and
The pleas in law and main arguments are identical with             the Commission of the European Communities was
those relied upon in Case T-316/97 Hermínia Fernanda               brought before the Court of First Instance of the European
dos Santos Morais Antas v Council and Commission.                  Communities on 15 December 1997 by Fernando EugeÂnio
                                                                   de Abreu and Others, residing in Portugal, represented by
                                                                   Cristina Ferreira, Francisco Espregueira Mendes, Teresa
                                                                   Fonseca and Rui GuimaraÄes Lopes, of the Oporto Bar.
                                                                   The applicants claim that the Court should:
Action brought on 15 December 1997 by Maria de Lurdes              Ð declare the Council and the Commission jointly and
Esteves Afonso and Ana Paula Afonso LourencËo de                       severally liable, pursuant to Articles 215 and 178 of
Oliveira and Others against Council of the European                    the EC Treaty, for the damage caused by virtue of the
  Union and Commission of the European Communities                     transitional and training measures necessary in the
               (Cases T-509/97 to T-517/97)                            sector to which the applicant belongs;
                       (98/C 166/41)
                                                                   Ð order the Council and the Commission jointly and
                                                                       severally to pay ESC 3 126 768 by way of
             (Language of the case: Portuguese)
                                                                       compensation for the abovementioned damage,
                                                                       together with the interest accrued, at the rate of 10 %,
An action against the Council of the European Union and                as prescribed by law, from the date of the summons to
the Commission of the European Communities was                         the date on which payment is actually made;
brought before the Court of First Instance of the European
Communities on 15 December 1997 by Maria de Lurdes                 Ð order the Council and the Commission to pay the
Esteves Afonso and Ana Paula Afonso LourencËo de                       costs.
Oliveira and Others, residing in Portugal, represented by
Cristina Ferreira, Francisco Espregueira Mendes, Teresa            Pleas in law and main arguments:
Fonseca and Rui GuimaraÄes Lopes, of the Oporto Bar.
                                                                   The pleas in law and main arguments are identical with
The applicants claim that the Court should:                        those relied upon in Case T-316/97 Hermínia Fernanda
                                                                   dos Santos Morais Antas v Council and Commission.
Ð declare the Council and the Commission jointly and
    severally liable, pursuant to Articles 215 and 178 of
    the EC Treaty, for the damage caused by virtue of the
    transitional and training measures necessary in the
    sector to which the applicant belongs;
                                                                   Action brought on 15 December 1997 by JoaÄo Luís de
Ð order the Council and the Commission jointly and                 Sousa Abreu and Others against Council of the European
    severally to pay ESC 3 126 768 by way of                         Union and Commission of the European Communities
    compensation for the abovementioned damage,                                   (Cases T-565/97 to T-595/97)
    together with the interest accrued, at the rate of 10 %,                              (98/C 166/43)
    as prescribed by law, from the date of the summons to
    the date on which payment is actually made;                                 (Language of the case: Portuguese)
Ð order the Council and the Commission to pay the                  An action against the Council of the European Union and
    costs.                                                         the Commission of the European Communities was