CELEX: C2001/200/73
Language: en
Date: 2001-07-14 00:00:00
Title: Case C-161/01 P: Appeal brought on 12 April 2001 by Franco Campoli against the judgment delivered on 6 March 2001 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-100/00 between Franco Campoli and Commission of the European Communities

C 200/40               EN                     Official Journal of the European Communities                                      14.7.2001
—    As regards examination of the merits, the CFI failed to             —     order the European Commission to compensate him for
     comply with its obligation to stay within the limits of                   material and non-material damage;
     the application and exceeded them, thereby infringing
     Community law.                                                      —     order the Commission to pay the costs.
—    The CFI also infringed Article 33(1), second sentence,
     ECSC in that it failed to examine whether there had been
     a manifest failure by the Commission to observe a                   Pleas and main arguments
     relevant provision and failed to appreciate that the
     application did not even satisfy the requirement to show            —     Breach of the right to a fair hearing: Before the decision
     the alleged manifestness of the infringement.                             was taken to transfer him, the appellant was approached
                                                                               in vague and general terms by his line manager for alleged
—    Furthermore, the CFI infringed Article 33(1) ECSC in so
                                                                               lack of care and attention in his work, which was
     far as it annulled the contested decision as a whole and
                                                                               subsequently contradicted in his staff report. It was thus
     not merely with regard to the part of the decision with
                                                                               that, without being heard beforehand and without the
     which the CFI found fault, namely the authorisation of
                                                                               chance to make any comments, a decision to transfer him
     the merger of RAG with SBW, not the merger with
                                                                               was taken by the appointing authority.
     Preussag Anthrazit GmbH.
—    Finally, the CFI infringed its duty to state reasons, because
     it did not adequately deal with the arguments submitted
     by the Commission and the interveners in their pleadings
     and at the hearing, even though they related to main
     grounds of the decision.
(1) Not yet published in the European Court Reports.
                                                                         Reference for a preliminary ruling from the Oberster
                                                                         Gerichtshof (Supreme Court) of the Austrian Republic by
                                                                         decision of that Court of 14 March 2001 in the case of
                                                                         Betriebsrat der Vertretung der Europäischen Kommission
                                                                         in Österreich (Works council of the Representation of
                                                                         the European Commission in Austria) v Commission of
                                                                                            the European Communities
Appeal brought on 12 April 2001 by Franco Campoli
against the judgment delivered on 6 March 2001 by the                                             (Case C-165/01)
Fifth Chamber of the Court of First Instance of the
European Communities in Case T-100/00 between Franco
 Campoli and Commission of the European Communities                                               (2001/C 200/74)
                                                                         Reference has been made to the Court of Justice of the
                        (Case C-161/01 P)
                                                                         European Communities by a decision of the Oberster Gericht-
                                                                         shof of 14 March 2001, which was received at the Court
                         (2001/C 200/73)                                 Registry on 18 April 2001, for a preliminary ruling in the case
                                                                         of Betriebsrat der Vertretung der Europäischen Kommission in
                                                                         Österreich (Works council of the Representation of the
An appeal against the judgment delivered on 6 March 2001                 European Commission in Austria) v Commission of the
by the Fifth Chamber of the Court of First Instance of the               European Communities, on the following questions:
European Communities in Case T-100/00 between Franco
Campoli and the Commission of the European Communities                   1.    Is Article 79 of the Conditions of Employment of Other
was brought before the Court of Justice of the European                        Servants of the European Communities [Article 3 of
Communities on 12 April 2001 by Franco Campoli, represent-                     Council Regulation (EEC, Euratom, ECSC) No 259/68 of
ed by S. Diana, lawyer, with an address for service in Brussels.               29 February 1968 (1)], under which the conditions of
                                                                               employment of local staff, in particular: (a) the manner of
The appellant claims that the Court should:                                    their engagement and termination of their contract, (b)
                                                                               their leave, and (c) their remuneration is to be determined
—    set aside the judgment of the Court of First Instance of                  by each institution in accordance with current rules and
     6 March 2001 in Case T-100/00;                                            practice in the place where they are to perform their
                                                                               duties, to be understood as a reference to the relevant
—    annul the two decisions taken by Mr Lemmel (No 05266                      national law on employment, which, in the case of
     of 11 June 1999 and of 2 December 1999), concerning                       Austria, also requires the application of the law on labour
     the removal of Franco Campoli and the appointment of                      relations in the workplace laid down in Part II of the
     Chantal Bruetschy to the ‘Foodstuffs — Legislation and                    Austrian Arbeitsverfassungsgesetz (Labour Constitution
     scientific and technical aspects’ unit;                                   Act)?