CELEX: C1999/226/55
Language: en
Date: 1999-08-07 00:00:00
Title: Case T-106/99: Action brought on 30 April 1999 by Karl L. Meyer against Commission of the European Communities

7.8.1999               EN                    Official Journal of the European Communities                                        C 226/31
Action brought on 30 April 1999 by Karl L. Meyer against                Action brought on 30 April 1999 by Maria Soledad Garcia
         Commission of the European Communities                            Retortillo against the Council of the European Union
                        (Case T-106/99)                                                          (Case T-107/99)
                        (1999/C 226/55)                                                          (1999/C 226/56)
                  (Language of the case: French)                                           (Language of the case: French)
An action against the Commission of the European Communi-               An action against the Council of the European Union was
ties was brought before the Court of First Instance of the              brought before the Court of First Instance of the European
European Communities on 30 April 1999 by Karl L. Meyer,                 Communities on 30 April 1999 by Maria Soledad Garcia
residing at Uturoa, Raiatea (French Polynesia), represented by          Retortillo, residing in Spain, represented by Jean-Noël Louis,
Jean-Dominique des Arcis, of the Papeete Bar, with an address           Françoise Parmentier and Véronique Peere, of the Brussels Bar,
for service in Luxembourg at the address of Mr Pakowski,                with an address for service in Luxembourg at the offices of
20-22 Avenue Emile Reuter.                                              Fiduciaire Myson SARL, 30 Rue de Cessange.
                                                                        The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                        — annul the decision to exclude the applicant from the scope
— hold that Directorate-General VIII of the Commission                       of the detailer arrangements for the integration of the
    infringed several provision on the transparency of acts of               Schengen Secretariat into the Genera Secretariat of the
    the European Economic Community;                                         Council;
— in addition, order the Commission to pay to the applicant             — annul, in so far as may be necessary, the decisions of the
    the sum of FRF 20 000 ( in respect of irrecoverable                      appointing authority to appoint ‘en bloc’ as officials of the
    expenses incurred by him in protecting his interests.                    European Communities only those persons who were
                                                                             agents of the Schengen Secretariat on 2 October 1997,
                                                                             and to integrate them into its services;
Pleas in law and main arguments
                                                                        — order the defendant to pay the costs.
The applicant challenges the Commission’s refusal to send him
certain information, in particular the rates of interest on the
risk capital made available to French Polynesia from 1986 to            Pleas in law and main arguments
1989 and from 1995 to 1998 under the Council decisions
relating to the association of the PTOM to the EEC of 16                The Treaty of Amsterdam provides, by means of the Protocol
December 1990, 30 June 1986, 25 July 1991 and 24                        integrating the Schengen acquis into the framework of the
November 1997.                                                          European Union, for the Schengen Secretariat to be integrated
                                                                        into the General Secretariat of the Council.
In support of his claims the applicant alleges that the
Commission:                                                             The applicant, who was employed in the Schengen Secretariat
                                                                        as a translator from 1 January 1993 to 30 September 1994, is
— failed to fulfil its obligation to provide reasons for its acts;      currently working as a freelance translator. Since the appoint-
                                                                        ing authority has not requested her to undergo a pre-
— breached of the Code of Conduct enshrined in 97/730/EC                appointment medical examination or to provide documenta-
    on public access to Council and Commission documents;               tion proving that she fulfils the conditions referred to in Article
                                                                        28 of the Staff Regulations, she regards herself as having
                                                                        been definitively eliminated from the scope of the detailed
— disregarded the Commission Communication of 5 May                     arrangements for the integration of the Schengen Secretariat
    1993 on public access to Community institution docu-                into the General Secretariat of the Council.
    ments;
— infringed the decision of the Council of 20 December                  According to the applicant, Article 5 of the decision of the
    1993 relating to public access to Council documents; and            Council of 30 April 1999 states that it is to enter into force on
                                                                        the date of its adoption and is to take effect on the date of the
                                                                        entry into force of the Treaty of Amsterdam. It follows that
— infringed Commission Decision 94/90/ECSC, EC, Euratom
                                                                        the contested decision of the Council has been adopted on the
    of 8 February 1994 on public access to Commission
                                                                        basis of the provisions of a Treaty which has not yet entered
    documents.
                                                                        into force. The illegality vitiating the Council’s decision affects
                                                                        all the decisions adopted pursuant thereto and, in particular,
                                                                        the decisions of the appointing authority concerning the
                                                                        appointment of agents of the Schengen Secretariat.