CELEX: C1997/054/46
Language: en
Date: 1997-02-22 00:00:00
Title: Action brought on 3 December 1996 by Christine Dalby against the Commission of the European Communities (Case T-198/96)

No C 54/28                EN                   Official Journal of the European Communities                                  22 . 2 . 97
In support of their claims, the applicants allege breach of               for service in Luxembourg at the Chambers of Evelyne
Article 39 of the EC Treaty read in conjunction with                      Korn , 21 , rue de Nassau .
Council Regulation ( EEC ) No 2081 /92 (') on the
protection of geographical indications and designations of                The applicant claims that the Court should :
origin for agricultural products and foodstuffs and with
Commission Regulation ( EC ) No 1107/96 ( 4 ) on the                      — annul the decision classifying her in grade A7, of
registration of geographical indications and designations                       which she was notified by a note dated 5 January
of origin under the procedure laid down in Article 17 of                        1996 ,
Council Regulation ( EEC ) No 2081 /92 .
                                                                          — annul the decision rejecting her administrative
In this connection , according to the applicants , while                        complaint, of which she was notified by a note dated
Parmigiano Reggiano was included in the list of                                 1 August 1996 , received on 3 September 1996 ,
registrations under Regulation No 2081 /92 ('), no
designation of German cheese was registered under the                     — annul , in so far as may be necessary, notice of
name 'Parmesan ', since such a designation must be                              competition COM/T/A/94, inasmuch as it provides
considered to be unlawful if it is used to indicate cheese                      that members of the temporary staff recruited as
produced outside the area of protection supervised by the                       officials are to be classified , subject to certain
Consorzio del Formaggio Parmigiano Reggiano . On the                            conditions , in the grade which they occupied at the
other hand, they claim that the derogation provided for by                      time when the list of suitable candidates was drawn
Article 13 ( 2 ) of Regulation ( EEC ) No 2081 /92 cannot                       up ,
apply to the German cheeses listed in the contested
decision, because the products covered by the protective                  — order the Commission to pay the costs .
term must have been marketed legally for at least five
years before the date of publication of Regulation ( EEC )                Pleas in law and main arguments adduced in support:
No 2081 /92 . There exists a bilateral agreement between
Italy and Germany as a result of which the fundamental                    The applicant, an official in grade A7, step 6 , contests the
condition that the products referred to in Article 13 ( 2 ) of            decision of the Commission expressly refusing her
Regulation No 2081 /92 must have been lawfully marketed                   appointment to grade A6 .
is not satisfied . On the basis of that agreement, Germany
undertook to recognize and protect various typical                        She pleads infringement of the second sentence of the
designations of traditional Italian products , including                  second paragraph of Article 25 of the Staff Regulations,
Parmigiano Reggiano .                                                     claiming that the contested decision contained no
                                                                          statement of the grounds on which is was based . The
The applicants also claim that the Commission failed to                   applicant further considers that the Commission
perform its duties under Article 155 of the EC Treaty. In                 committed a manifest error of assessment in failing to
that connection they consider that not only did the                       regard her professional and academic qualifications as
defendant fail to take steps to prevent a Member State                    exceptional , so as to allow the application of Article 31
from acting in breach of Article 13 ( 2 ) of Regulation                   ( 2 ) of the Staff Regulations, and maintains that there has
( EEC ) No 2081 /92 , but it even ratified that breach by                 been a breach of the duty to have regard for the welfare
                                                                          and interests of officials .
recognizing as lawful the designation of a cheese which
was on the contrary prohibited , since such designation is
reserved for a product covered by Community protection .
(')   OJ No  L 230,  11 . 9.   1996 , p. 12 .
(2)   OJ No  L 268 , 14 . 9.   1992 , p. 1.
O     OJ No  L 208 , 24 . 7.   1992 , p. 1.                               Action brought on 4 December 1996 by Laboratoires
(4 )  OJ No  L 148 , 21 . 6.   1996 , p. 1.                               Pharmaceutiques Bergadem SA and Jean-Jacques Goupil
                                                                              against the Commission of the European Communities
                                                                                                  ( Case T- 199/96 )
                                                                                                     ( 97/C 54/47 )
                                                                                           (Language of the case: French)
Action brought on 3 December 1996 by Christine Dalby
     against the Commission of the European Communities                   An action against the Commission of the European
                             ( Case T-198/96 )                            Communities was brought before the Court of First
                                                                          Instance of the European Communities on 4 December
                                ( 97/C 54/46 )
                                                                          1996 by Laboratoires Pharmaceutiques Bergadem SA, the
                                                                          registered office of which is at Rungis ( France ), in the
                  (Language of the case: French)                          person of Jacqueline Cariven, its administrator appointed
                                                                          by judgment of the Tribunal de Commerce ( Commercial
An action against the Commission of the European                          Court ), Creteil , of 5 October 1995 , and Jean-Jacques
Communities was brought before the Court of First                         Goupil , residing at Chevreuse ( France ), represented by
Instance of the European Communities on 3 December                        Jean-Pierre Spitzer, of the Paris Bar, with an address for
1996 by Christine Dalby, residing in Brussels, represented                service in Luxembourg at the Chambers of Aloyse May,
bv Marc-Albert Lucas , of the Liege Bar, with an address                  31 Grand-Rue .