CELEX: C1997/166/31
Language: en
Date: 1997-05-31 00:00:00
Title: Action brought on 28 February 1997 by Giorgio Lebedef against the Commission of the European Communities (Case T-42/97)

No C 166/ 14          EN                  Official Journal of the European Communities                                      31 . 5 . 97
Action brought on 28 February 1997 by Giorgio Lebedef                established at Périgueux ( France ), Serval, established at
   against the Commission of the European Communities                Sainte Eanne ( France ), Besnier Industrie, established at
                        ( Case T-42/97)                              Bourgbarre ( France ), Sovida, established at Chateaubriand
                                                                     ( France ), Sica Ouest Elevage, established at Ploudaniel
                          ( 97/C 166/31 )
                                                                     ( France ), Guinde, established at Montauban de Bretagne
                 (Language of the case: French)                      ( France ), Tarbouriech, established at Villeneuve sur Lot
                                                                     ( France ), Mamellor, established at Charnay les Macon
An action against the Commission of the European                     ( France ), Coopagri Bretagne, established at Landerneau
Communities was brought before the Court of First                    (France ), Collet et Compagnie, established at
Instance of the European Communities on 28 February                  Chateaubourg (France ), Kermene SA, established at Saint
1997 by Giorgio Lebedef, residing in Senningerberg                   Jacut du Mene (France ), and Vals, established at
(Luxembourg ), represented by Gilles Bounéou, of the                 Champagne (France ), represented by Deborah Kryvian, of
Luxembourg Bar, with an address for service in                       the Rouen Bar, with an address for service in Luxembourg
Luxembourg at his Chambers, 15 Avenue du Bois.                       at the Chambers of Marc Loesch, 11 Rue Goethe .
The applicant claims that the Court should:                          The applicants claim that the Court should:
— principally, annul the implied decision rejecting Mr               — annul Commission Regulation No 18/97 adopted on
     Lebedef's request for secondment on union duties,                      8 January 1997,
— alternatively, and so far as is necessary:
                                                                     — order the Commission to pay the costs.
     — declare the procedure known as 'secondment on
         union duties' unlawful,
                                                                     Pleas in law and main arguments adduced in support:
     — annul the Commission's decision not to put an end
         to all secondments on union duties already granted          The applicants, French companies producing veal for
         in the past,                                                human consumption, who are already contesting, before
     — order the Commission to pay all the costs .                   the Court of First Instance, Council Regulation No 2222/
                                                                     96 H and Commission Regulation No 2311 /96 ( 2 ), are
Pleas in law and main arguments adduced in support:                  applying in the present case for annulment of Commission
                                                                     Regulation ( EEC) No 18/97 of 8 January 1997 amending
The applicant, a member of the union 'Action & Defense               Regulation (EEC ) No 3886/92 laying down detailed rules
— Luxembourg', considers that the Commission's refusal,              for the application of premium schemes in the beef and
first, to allow him secondment on union duties in his                veal sector ( 3 ), inasmuch as it increases the veal carcase
capacity as representative of the abovementioned union               reference weight for Germany from 103 kilograms to 112
and, second, to take a decision concerning the lawfulness            kilograms.
and validity of secondment on union duties allowed in the
past constitutes infringement of Articles 24a, 25 , 37, 38           The applicants also plead unequal treatment and anti­
and 39 of the Staff Regulations and the framework                    competitive discrimination. They maintain that the
agreement governing the relations between the institution            increase in the German carcase reference weight to a
and the trade unions and staff associations and                      weight higher than that in respect of France, which has
Convention No 151 of the International Labour                        been fixed without leaving the competent French
Organization concerning employment relationships in                  authorities any discretion whatever, increases the
public service, which entered into force on 25 February              distortion of competition already criticized in the previous
1981 .                                                               cases, thereby directly benefiting German operators.
                                                                     H Cases T-14/97 and T-15/97 ( OJ No C 94 , 22 . 3 . 1997 ).
                                                                     ( 2 ) Case T-20/97 ( OJ No C 94, 22 . 3 . 1997 ).
                                                                     H OJ No L 5 , 9 . 1 . 1997, p . 17.
Action brought on 7 March 1997 by Sofivo and Others
   against the Commission of the European Communities
                        ( Case T-61/97)
                          ( 97/C 166/32 )
                                                                     Action brought on 10 March 1997 by Société Générale
                 (Language of the case: French)                           against the Commission of the European Communities
                                                                                               ( Case T-62/97)
An action against the Commission of the European
Communities was brought before the Court of First                                                ( 97/C 166/33 )
Instance of the European Communities on 7 March 1997
by Sofivo, established at Conde sur Vire ( France ), Sofivo                            (Language of the case: French)
Production, established at Brece ( France ), Sovinor,
established at Conde sur Vire (France ), Denkavit France,            An action against the Commission of the European
established at Montreuil-Bellay ( France ), Sobeval Viande,          Communities was brought before the Court of First