CELEX: C2001/061/36
Language: en
Date: 2001-02-24 00:00:00
Title: Case T-373/00: Action brought on 12 December 2000 by Carmine Salvatore Tralli against the European Central Bank

24.2.2001              EN                     Official Journal of the European Communities                                       C 61/19
Action brought on 12 December 2000 by Carmine                            Pleas in law and main arguments
     Salvatore Tralli against the European Central Bank
                                                                         The applicant is an employee of the European Central Bank.
                         (Case T-373/00)                                 He seeks annulment of the termination of his employment
                                                                         together with a declaration that the employment relationship
                                                                         continues to exist and has not been terminated. In that
                          (2001/C 61/36)                                 connection, the applicant is contesting a unilateral extension
                                                                         by the ECB of the probationary period, the duration of which
                                                                         was originally agreed as three month. On the basis of his
                                                                         personal rights, he seeks the continuation of his employment
                   (Language of the case: German)                        on the agreed contractual terms. In addition, he seeks an order
                                                                         requiring the ECB to continue to pay the contractually
                                                                         agreed remuneration beyond 31.12.2000, and pleads in that
An action against the European Central Bank was brought                  connection default on the part of the ECB in accepting
before the Court of First Instance of the European Communities           performance of the contract.
on 12 December 2000 by Carmine Salvatore Tralli, of
Nidderau (Germany), represented by Norbert Pflüger, Regina
Steiner and Silvia Mittländer, Rechtsanwälte, Frankfurt am
Main (Germany).
The applicant claims that the Court should:
                                                                         Action brought on 11 December 2000 by Verband der
(1) annul the notice terminating his employment on                       freien Rohrwerke e.V., Eisen- und Metallwerke Ferndorf
      31.12.2000;                                                        GmbH and Rudolf Flender GmbH & Co. KG against the
                                                                                  Commission of the European Communities
(2) annul the extension of the probationary period;
                                                                                                 (Case T-374/00)
(3) declare that the employment relationship existing
      between the parties has not been brought to an end by                                       (2001/C 61/37)
      the notice of termination;
(4) declare that the unilateral extension of the probationary                              (Language of the case: German)
      period is ineffective in law;
                                                                         An action against the Commission of the European Communi-
(5) declare that the employment relationship existing                    ties was brought before the Court of First Instance of the
      between the parties has continued to exist, without being          European Communities on 11 December 2000 by Verband
      terminated, after 31.12.2000;                                      der freien Rohrwerke e.V., of Düsseldorf (Germany), Eisen- und
                                                                         Metallwerke Ferndorf GmbH, of Kreuztal-Ferndorf (Germany),
(6) order the European Central Bank to continue, beyond                  and Rudolf Flender GmbH & Co. KG, of Siegen (Germany),
      31.12.2000, to provide the applicant with employment               represented by Hans Hellmann, Rechtsanwalt, Cologne (Ger-
      as a security guard in accordance with the contractual             many).
      conditions of employment;
                                                                         The applicants claim that the Court should:
(7) order the European Central Bank to pay to the applicant,
      beyond 31.12.2000, the basic remuneration amounting                —     annul the defendant’s decisions of 5 September and
      to EUR 32 304 p.a., together with the allowances and                     14 September 2000 in merger control case
      other items of remuneration provided for in the con-                     No COMP/M.2045 (ECSC 1336) Salzgitter/Mannes-
      ditions of employment.                                                   mannröhren-Werke;
                                                                         —     order the defendant to pay the costs.
In a series of ancillary claims for relief, the applicant seeks a
declaration that the employment relationship and the legal
consequences flowing therefrom should continue in existence              Pleas in law and main arguments
at least until the expiry of the notice period applying in respect
of the termination of employment relationships in the ECB
which are of an unlimited duration.                                      According to the particulars provided by it, the first applicant
                                                                         is an association representing the interests of a number of
                                                                         small and medium-sized undertakings producing welded steel
Finally, the applicant claims that the Court should: order the           pipes from hot-rolled wide strips or quarto plates. The other
European Central Bank to pay the costs.                                  applicants are members of the first applicant.