CELEX: C2001/061/38
Language: en
Date: 2001-02-24 00:00:00
Title: Case T-376/00: Action brought on 19 December 2000 by Carmelo Morello against the Commission of the European Communities

C 61/20               EN                      Official Journal of the European Communities                                     24.2.2001
By the contested decisions, the Commission declared a pro-               —     award the sum of 120 000 euro, subject to increase or
posed concentration between Salzgitter AG and Mannes-                          decrease during the course of the proceedings, by way of
mannröhren-Werke AG to be compatible with the common                           compensation for the non-material damage suffered by
market pursuant to Regulation (EEC) No 4064/89 and author-                     the applicant as a result of the irregular or incomplete
ised the proposed concentration pursuant to Article 66(2) CS.                  information gathered by the defendant in relation to the
                                                                               applicant’s personal file and the state of uncertainty and
                                                                               worry in which he has been placed with regard to his
The applicants are contesting the decisions on the basis of the                future career;
fourth paragraph of Article 230 EC and the second paragraph
of Article 33 CS. They consider that the contested measures              —     award the sum of 25 000 euro, subject to increase or
are of direct and individual concern to them.                                  decrease during the course of the proceedings, by way of
                                                                               compensation for the material damage suffered by the
                                                                               applicant as a result of his having been rejected as a
The applicants complain, in their criticism of the Commission,                 candidate for the post to be filled and of his having thus
that the contested decisions omit any examination of the facts                 lost an opportunity of promotion;
and law with regard to individual product markets which are
directly affected by the concentration, despite the fact that            —     order the Commission to pay all the costs.
the proposed concentration radically alters the structural
conditions of competition on those markets. In addition, the
Commission has unlawfully omitted to examine from a factual              Pleas in law and main arguments
and legal standpoint the effects of the concentration which
result from the fact that the concentration has led to inter-
linking between Salzgitter AG and third parties. That inter-             The applicant in the present case contests the refusal by the
linking is liable significantly to prejudice the effectiveness of        appointing authority to appoint him to the post of head of the
competition on the markets concerned.                                    unit responsible for ‘Motor vehicles and other means of
                                                                         transport’.
                                                                         In support of his claims, he puts forward the following pleas
                                                                         in law:
                                                                         —     infringement of Article 25 of the Staff Regulations and of
                                                                               the obligation to provide a statement of reasons;
                                                                         —     infringement of Article 45 of the Staff Regulations, of the
Action brought on 19 December 2000 by Carmelo Mor-                             rules governing the promotion procedure and of the
ello against the Commission of the European Communi-                           principle of equal treatment;
                                ties
                                                                         —     a manifest error of assessment in the present case;
                         (Case T-376/00)                                 —     misuse of power and infringement of Article 7 of the
                                                                               Staff Regulations.
                          (2001/C 61/38)
                   (Language of the case: French)
                                                                         Action brought on 22 December 2000 by Monsanto
An action against the Commission of the European Communi-
                                                                            Company against the Council of the European Union
ties was brought before the Court of First Instance of the
European Communities on 19 December 2000 by Carmelo
Morello, residing in Brussels, represented by Jacques Sambon                                      (Case T-382/00)
and Pierre Paul Van Gehuchten, of the Brussels Bar.
                                                                                                   (2001/C 61/39)
The applicant claims that the Court should:
                                                                                           (Language of the case: English)
—     annul the Commission’s decision appointing another
      person to post COM/113/99 IV/F/2 ‘Motor vehicles and               An action against the Council of the European Union was
      other means of transport’, corresponding to a grade                brought before the Court of First Instance of the European
      A5/A4 post of Head of Unit;                                        Communities on 22 December 2000 by Monsanto Company,
                                                                         a company established under the laws of Delaware (USA),
—     annul the Commission’s decision rejecting the application          represented by Clive Stanbrook Q.C. and Wilko van Weert, of
      of the applicant for the post in question;                         Stanbrook & Hooper, Brussels.