CELEX: C1997/054/44
Language: en
Date: 1997-02-22 00:00:00
Title: Action brought on 14 October 1996 by Giorgio Lebedef against the Commission of the European Communities (Case T-196/96)

22 . 2 . 97          ΓEN                   Official Journal of the European Communities                                  No C 54/27
She considers in that regard that the appointing authority            The pleas in law and main arguments are the same as
misused its power of assessment in taking the view that               those previously relied on in Cases T-128/96 Lebedef v.
her extensive experience in the field in which she was                Commission (M and T-161 /96 Bosetti v. Commission ( 2 ).
established and her significant intellectual and human
qualities were not so exceptional as to justify appointment           (') OJ No C 318 , 26 . 10 . 1996 , p. 17.
to grade A6 .                                                         ( 2 ) Not yet published in the Official Journal .
According to the applicant, the contested decision
therefore infringes Article 31 ( 2 ) of the Staff Regulations,
as well as the 1983 decision on the criteria applicable to
appointment in grade and classification in step on
recruitment .                                                         Action brought on 2 December 1996 by Consorzio del
                                                                      Formaggio Parmigiano Reggiano and Società Cooperativa
                                                                      Latteria Sociale Spadarotta ari against Commission of the
(>) [ 1995 ] ECR-SC 11-683 .                                                                European Communities
                                                                                                ( Case T-197/96 )
                                                                                                   ( 97/C 54/45 )
                                                                                         (Language of the case: Italian)
Action brought on 14 October 1996 by Giorgio Lebedef
   against the Commission of the European Communities                 An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                         ( Case T-196/96 )                            Instance of the European Communities on 2 December
                            ( 97/C 54/44 )                            1996 by Consorzio del Formaggio Parmigiano Reggiano,
                                                                      whose registered office is at Reggio Emilia ( Italy ), and
                                                                      Societa Cooperativa Latteria Sociale Spadarotta arl, whose
                 (Language of the case: French)                       registered office is at Montecchio Emilia ( Italy ),
                                                                      represented by Fausto Capelli and Luigi Sordelli, of the
                                                                      Milan Bar, and Louis Schiltz, of the Luxembourg Bar, with
An action against the Commission of the European                      an address for service in Luxembourg at the Chambers of
Communities was brought before the Court of First                     Louis Schiltz, 2 rue du Fort Rheinsheim .
Instance of the European Communities on 14 October
1996 by Giorgio Lebedef, residing at Senningerberg
( Luxembourg ), represented by Gilles Bouneou, of the                 The applicants claim that the Court should:
Luxembourg Bar, with an address for service in
Luxembourg at his Chambers, 15 avenue du Bois .                       — declare that the applicants have capacity to bring this
                                                                            action,
The applicant claims that the Court should :                          — annul Commission Decision ( 96/536/EEC ) of 29 July
                                                                             1996 ( ] ) in so far as it mentions in the Annex the
— annul the Commission's decision of 31 October 1995,                       German cheeses 'Kase von Typ Parmesan', ' Parmesan'
                                                                            and 'Duramont-Typ Parmesan',
— annul the refusal to admit the independent trade union              — order the Commission to pay all the costs of the
      'Action & Defense — Luxembourg' to the framework                      proceedings .
      agreement,
                                                                      Pleas in law and main arguments adduced in support:
— annul the prohibition against carrying on trade union
      activities during working hours and on the                      The applicants contest the inclusion of the names 'Kase
      Commission's premises,                                          von Typ Parmesan', ' Parmesan ' and 'Duramont-Typ
                                                                      Parmesan' in the list drawn up by the Commission of
                                                                      milk-based products in respect of which Member States
— order the Commission to pay all the costs .                         are authorized to grant individual or general derogations
                                                                      pursuant to Article 8 ( 2 ) of Directive 92/46/EEC ( 2 ) laying
                                                                      down the health rules for the production and placing on
Pleas in law and main arguments adduced in support:                   the market of raw milk, heat-treated milk and milk-based
                                                                      products .
The applicant, secretary-general of the trade union 'Action
&c Defense — Luxembourg', contests in particular the                  According to the applicants, the designations of the
defendant's refusal to admit that trade union to the                  cheeses so protected constitute obvious imitation of the
framework agreement of 20 September 1974 concerning                   names of famous Italian cheeses . It should be noted in this
relations between the Commission and trade unions and                 respect that the term 'Parmesan' is the literal translation
staff associations .                                                  of the Italian term 'parmigiano'.