CELEX: C1997/228/57
Language: en
Date: 1997-07-26 00:00:00
Title: Action brought on 30 May 1997 by Daniel Varas Carrión against the Council of the European Union (Case T-168/97)

No C 228/24           EN                  Official Journal of the European Communities                                   26 . 7. 97
unsupported by any statement of reasons and that it was              The contested decisions were therefore arbitrary and
adopted in breach of the second paragraph of Article 25              clearly went beyond the limits of the Council's discretion .
of the Staff Regulations .
Action brought on 30 May 1997 by Daniel Varas Carrion                Action brought on 2 June 1997 by Farine Laziali SpA
          against the Council of the European Union                    against the Commission of the European Communities
                        ( Case T-168/97 )                                                  ( Case T-169/97)
                          ( 97/C 228/57)                                                      97/C 228/58 )
                 (Language of the case: French)
                                                                                    (Language of the case: Italian)
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 30 May 1997 by Daniel Varas Carrion,                  An action against the Commission of the European
residing in Barcelona ( Spain ), represented by Marianne             Communities was brought before the Court of First
Droinet, of the Brussels Bar.                                        Instance of the European Communities on 2 June 1997 by
                                                                     Farine Laziali SpA, represented by Wilma Viscardini
The applicant claims that the Court should:                          Dona, Mariano Paolin and Simonetta Dona, of the Padua
                                                                     Bar, with an address for service in Luxembourg at the
                                                                     Chambers of Ernst Arendt, Rue Matthias Hardt.
— annul the Council 's decision of 19 December 1996
     ( received on 31 December 1996 ), refusing to admit the
     applicant to the test of Competition ' Consejo/C/374'
                                                                     The applicant claims that the Court should:
     ( Spanish-language typist) on the ground that the
     application documents supplied did not demonstrate a
     sufficient level of knowledge of a second Community
     language,                                                       — annul the Commission's decision by which the planned
                                                                         investment for rationalizing plant used in the
                                                                         production of dried medicinal herbs, called 'Project
— annul the Council 's decision of 18 March               1997
                                                                         No 013 ', included in the operational programme
     ( received on 24 March 1997), which confirmed the                   92.CT.IT.05 submitted to the Regione Lazio, was
     decision of 19 December 1996, notwithstanding the                   excluded from the financing provided for by
     applicant's complaint of 14 January 1997,                           Regulation ( EEC ) No 866/90 (Articles 173 and 174 of
                                                                         the EC Treaty),
— annul the test which took place on 26 April 1997 and
     therefore order all the candidates to be called again,
     including the applicant,                                        — order the Commission to pay to the applicant
                                                                         compensation for damage under Article 178 and the
— order the Council to pay the costs.                                    second subparagraph of Article 215 of the EC Treaty
                                                                         in the amount to be quantified by the Court during
Pleas in law and main arguments adduced in support:                      the proceedings,
The Council refused to admit the applicant to the first test         — order the Commission to pay the costs .
of the Open Competition for Spanish-language typists
( Consejo/C/374 ), on the ground that his application
documents did not show that he had sufficient knowledge
of French .
                                                                     Pleas in law and main arguments adduced in support:
The applicant maintains that no reasons are stated for the           The applicant, an Italian company based in Ponzano
first contested decision, and that it therefore infringes            Romano and Sant'Oreste, which carries on the activities
Article 190 of the EC Treaty.                                        of growing, processing   and marketing fodder plants and of
                                                                     drying the medicinal     herbs obtained when it cuts the
Concerning the second contested decision, the applicant              plants, challenges the   defendant's decision excluding the
maintains that the Secretariat General of the Council                planned investment in    rationalization of plant used in the
wrongly added other conditions to those laid down in the             production of dried medicinal herbs, submitted to the
competition notice . The latter stated merely that                   Regione Lazio, from the financing provided for by
knowledge of a second Community language had to be                   Regulation ( EEC ) No 866/90 ( ] ). That contribution was
sufficient. There was no provision that certificates                 intended to be used to carry out a programme of
demonstrating that knowledge had to be enclosed with the             investments in the construction of a new storage
application documents .                                              warehouse and in various infrastructure works .