CELEX: C2003/124/25
Language: en
Date: 2003-05-24 00:00:00
Title: Case C-160/03: Action brought on 8 April 2003 by the Kingdom of Spain against Eurojust

24.5.2003                EN                        Official Journal of the European Union                                          C 124/15
The Applicant claims that the Court should:                                     —    call for applications for the position of Secretary to
                                                                                     the General Administration. Ref.: 03/EJ/14 (2003/
1)    declare that, by failing to adopt the laws, regulations                        C 34 A/08) OJ C 34 A of 13.2.2003;
      and administrative provisions necessary to comply with
      Council Directive 1999/36/EC of 29 April 1999 on
      transportable pressure equipment ( 1) and Commission                      —    call for applications for the position of Librarian/
      Directive 2001/2/EC of 4 January 2001 adapting the                             Archivist. Ref.: 03/EJ/12 (2003/C 34 A/06) OJ C 34
      latter directive to technical progress ( 2), or in any event                   A of 13.2.2003;
      by failing to notify those provisions to it, Ireland has
      failed to fulfil its obligations under the Directives;
                                                                                —    call for applications for the position of Accounting
2)    order Ireland to pay the costs of this action.
                                                                                     officer. Ref.: 03/EJ/08 (2003/C 34 A/02) OJ C 34 A
                                                                                     of 13.2.2003;
Pleas in law and main arguments
                                                                                —    call for applications for the position of IT-informa-
                                                                                     tics expert (webmaster) of the European judicial
Article 249 EC, under which a directive shall be binding, as to
                                                                                     network. Ref.: 03/EJ/09 (2003/C 34 A/03) OJ C 34
the result to be achieved, upon each Member State, carries by                        A of 13.2.2003,
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period
expired on 1 December 2000 and 1 July 2001 respectively                         the paragraph referring to the documents to be submitted
without Ireland having enacted the provisions necessary to                      in English by applicants submitting their application in
comply with the directives referred to in the conclusions of                    another language; and the paragraphs relating to the
the Commission.                                                                 linguistic knowledge required of candidates, from each of
                                                                                the calls for applications set out below:
( 1) OJ L 138, 1.6.1999, p. 20.
( 2) OJ L 005, 10.1.2001, p. 4.
                                                                                —    in the call for applications for the position of Data-
                                                                                     protection officer, as condition No 17: ‘Excellent
                                                                                     knowledge of English and French. Ability to work in
                                                                                     other European Union languages would be an asset’.
Action brought on 8 April 2003 by the Kingdom of Spain                          —    in the call for applications for the position of Law
                           against Eurojust                                          officer, as condition No 19: ‘Excellent knowledge of
                                                                                     English and French. Ability to work in other Euro-
                           (Case C-160/03)                                           pean Union languages would be an asset’.
                           (2003/C 124/25)
                                                                                —    in the call for applications for the position of Press
                                                                                     officer, as condition No 12: ‘Ability to speak at least
                                                                                     English and French. Knowledge of other official
An action against Eurojust was brought before the Court of                           European Union languages would be an asset’.
Justice of the European Communities on 8 April 2003 by the
Kingdom of Spain, represented by L. Fraguas Gadea, with an
address for service in Luxembourg.                                              —    in the call for applications for the position of
                                                                                     Secretary to the General Administration, as con-
                                                                                     dition No 9: ‘Thorough knowledge of English and
The applicant claims that the Court should:
                                                                                     French would be an asset, as well as a satisfactory
                                                                                     knowledge of other Community languages’.
1.    annul, in the following calls for applications:
      —     call for applications for the position of Data-
            protection officer. Ref.: 03/EJ/07 (2003/C 34 A/01)                 —    in the call for applications for the position of IT-
            OJ C 34 A of 13.2.2003;                                                  informatics expert (webmaster) of the European
                                                                                     judicial network, as condition No 6: ‘Good know-
      —     call for applications for the position of Legal officer.                 ledge of English is essential; in particular, the ability
            Ref.: 03/EJ/11 (2003/C 34 A/05) OJ C 34 A of                             to speak at least two additional official European
            13.2.2003;                                                               Community languages, including French, would be
                                                                                     an asset’.
      —     call for applications for the position of Press officer.
            Ref.: 03/EJ/13 (2003/C 34 A/07) OJ C 34 A of
            13.2.2003;                                                     2.   order the defendant body to pay the costs.
 ---pagebreak--- C 124/16                 EN                        Official Journal of the European Union                                        24.5.2003
Pleas in law and main arguments                                            represented by Dr Ulrich Wölker, Commission Legal Adviser,
                                                                           and Florence Simonetti, a national civil servant available to the
—     Breach of the Staff Regulations and of the Conditions                Commission Legal Service under an exchange scheme, with an
      of Employment of Other Servants of the European                      address for service in Luxembourg.
      Communities
      According to Article 30 of Council Decision 2002/                    The Commission claims that the Court should:
      187/JHA of 28 February 2002 establishing Eurojust to
      strengthen the fight against serious forms of crime ( 1),            1.    declare that, by failing to adopt, or to communicate to
      Eurojust staff are to be subject to the rules and regulations              the Commission, the laws, regulations and administrative
      applicable to the officials and other servants of the                      provisions necessary in order to implement Council
      European Communities.                                                      Directive 97/11/EC of 3 March 1997 amending Directive
                                                                                 85/337/EEC on the assessment of the effects of certain
      Under Article 12 of the Conditions of Employment,                          public and private projects on the environment (1) in the
      candidates are only required to have a thorough know-                      provinces of Burgenland and Salzburg, the Republic of
      ledge of one language and a satisfactory knowledge of                      Austria has failed to fulfil its obligations under that
      another.                                                                   directive;
—     Breach of the linguistic rules of Eurojust                           2.    order the Republic of Austria to pay the costs.
      Article 31 of Council Decision 2002/187/JHA provides
      that the official linguistic arrangements of the Union are
      to apply to Eurojust proceedings. No provision of the                Pleas in law and main arguments
      decision expressly states that the working languages of
      Eurojust are to be English and French.                               In accordance with the third paragraph of Article 249 EC,
                                                                           which provides that a directive is binding as to the result to be
—     Breach of the principle of non-discrimination                        achieved upon each Member State, the Member States are
      The requirement that part of the documents to be                     obliged to comply with the time-limit for implementation laid
      submitted should be drawn up in English and, most of                 down in directives. The period for implementation laid down
      all, the requirement of excellent knowledge of English               in Article 3(1) of Directive 97/11/EC expired on 14 March
      and French amounts to clear discrimination grounds of                1999 without the Republic of Austria having adopted the
      nationality, prohibited by Article 12 EC.                            necessary provisions for the provinces of Burgenland and
                                                                           Salzburg.
( 1) OJ 2002 L 63, p. 1.
                                                                           (1 ) OJ L 73, 14.3.1997, p. 5.
Action brought on 9 April 2003 by the Commission
of the European Communities against the Republic of                                Removal from the register of Case C-107/02 ( 1)
                              Austria
                                                                                                    (2003/C 124/27)
                          (Case C-164/03)
                          (2003/C 124/26)                                  By order of 4 March 2003 the President of the Court of Justice
                                                                           of the European Communities ordered the removal from the
                                                                           register of Case C-107/02: Commission of the European
An action against the Republic of Austria was brought before               Communities v Federal Republic of Germany.
the Court of Justice of the European Communities on 9 April
2003 by the Commission of the European Communities,                        (1 ) OJ C 191 of 10.08.2002.