CELEX: C1998/378/39
Language: en
Date: 1998-12-05 00:00:00
Title: Action brought on 2 October 1998 by NV Firma Léon Van Parys and NV Pacific Fruit Company against the Commission of the European Communities (Case T-160/98)

5.12.98               EN                 Official Journal of the European Communities                                     C 378/21
Lastly, the appointing authority committed a manifest               before the end of the test, the invigilators distributed
error of assessment by failing to recognise the                     among the candidates concerned a photocopy of the page
appropriateness, having regard to the delicate nature of            missing from the questionnaire and informed them that
the applicant's situation, of promoting her at the earliest         they would be given additional time to answer. That
possible juncture in the interests of the service.                  information, however, was contradicted because, at the
                                                                    end of the test, as the instructions to candidates provided,
                                                                    the person responsible for conducting the test requested
                                                                    the candidates concerned to stop writing, and their scripts
                                                                    were collected.
Action brought on 2 October 1998 by Yvan Torre                      According to the applicants, these irregularities in the
and Others against the Commission of the European                   manner in which test (a) was conducted distort the results
                          Communities                               of the test and render the selection board's decision
                        (Case T-159/98)                             invalid. They further claim that there was a breach of the
                                                                    instructions to candidates, as well as infringement of the
                         (98/C 378/38)                              principles of equal treatment and sound administration.
                (Language of the case: French)
                                                                    Finally, the applicants submit that, contrary to the
                                                                    obligation to state reasons, the contested decisions do not
An action against the Commission of the European                    contain any reasoning other than the marks obtained by
Communities was brought before the Court of First                   the applicants in tests (a) to (d), along with a reference to
Instance of the European Communities on 2 October 1998              Point VII.A.1 of the notice of competition, which specified
by Yvan Torre, Donatella Ineichen and Alessandro                    that candidates had to obtain the minimum mark required
Cavallaro, residing in Brussels, represented by Marc-               for test (a) in order for tests (e) and (f) to be corrected.
Albert Lucas, of the LieÁge Bar, with an address for service
in Luxembourg at the Offices of Fiduciaire Myson SARL,
30 Rue de Cessange.
The applicant claims that the Court should:
                                                                    Action brought on 2 October 1998 by NV Firma LeÂon
Ð annul the decisions of the selection board for                    Van Parys and NV Pacific Fruit Company against the
    Competition       EUR/A/123      awarding      them    an                Commission of the European Communities
    insufficient mark for test (a) of the competition in                                   (Case T-160/98)
    question and, consequently, refusing to admit them to
    tests (e) and (f), decisions which were notified to them                                 (98/C 378/39)
    by letters of 2 July 1998 from Mrs Anne D'Haen-
    Bertier, on behalf of the chairman of the selection                             (Language of the case: Dutch)
    board;
                                                                    An action against the Commission of the European
Ð annul the decisions of the selection board for
                                                                    Communities was brought before the Court of First
    Competition EUR/A/123 affected by the illegality of
                                                                    Instance of the European Communities on 2 October 1998
    the decisions challenged;
                                                                    by NV Firma LeÂon Van Parys and NV Pacific Fruit
                                                                    Company, both established in Antwerp (Belgium),
Ð in the alternative to the latter point, suspend the               represented by P. Vlaemminck, L. Van Den Hende and J.
    procedure for filling the posts concerned by                    Holmens, of the Ghent Bar, with an address for service in
    Competition EUR/A/123 until such time as it has been            Luxembourg at the Chambers of Loesch and Wolter, 11
    possible to re-organise test (a) and for it to be held          Rue Goethe.
    under proper conditions for all Italian-language
    candidates admitted to the competition, and for the
    Commission to draw all proper consequences from the             The applicant claims that the Court should:
    results of that test.
                                                                    Ð annul the decision taken by the Commission between
Pleas in law and main arguments adduced in support:                     12 March and 5 August 1998, by which it decided to
                                                                        reduce the quantities of imported bananas declared by
                                                                        the applicant for the 1996 reference year for the
The applicants, whose native language is Italian, applied               purposes of determining the quantity of bananas
to sit Competition EUR/A/123 and chose the area of                      which the applicants are authorised to import from
financial management. During the test, one of the                       third countries under the tariff quota set by the EC for
candidates, who was sitting it in Italian, indicated to the             1998;
invigilation staff of the Recruitment' unit that a page was
missing from the questionnaire for test (a), namely that
relating to questions 24 to 28 inclusive. Two minutes               Ð order the defendant to pay the costs.
 ---pagebreak--- C 378/22              EN                  Official Journal of the European Communities                                   5.12.98
Pleas in law and main arguments adduced in support:                  The applicant claims that the Court should:
The applicants, who import bananas from third countries,             Ð annul the decision of 18 January 1988 downgrading
contest the Commission's decision to disregard, for the                  him from grade A 3 to grade A 7;
purposes of calculating the quantity of bananas which the
applicants may import in 1998, part of the quantity of
imported bananas declared by the applicants for the 1996             Ð order the European Parliament to pay the costs of the
reference year.                                                          present proceedings and of all proceedings concerning
                                                                         that decision;
They seek annulment of that decision on the following
grounds:                                                             Ð order the European Paliament:
Ð infringement of the second paragraph of Article 6 of                   Ð to pay over the guarantee fund relating to the
     Commission Regulation (EEC) No 1442/93: the                             person concerned;
     Commission did not inform the applicants prior to
     1 November 1997 of the quantity of bananas allocated                Ð to pay the applicant the difference in emoluments
     to them;                                                                between grade A 3 and grade A 7, together with
                                                                             the difference in pension;
Ð infringement of Article 190 of the EC Treaty: the
     contested decision is not supported by a statement of               Ð to pay compensation for the non-material loss
     reasons;                                                                suffered by him.
Ð breach of the applicants' procedural rights:                       Pleas in law and main arguments adduced in support:
     Ð breach of the rights of the defence, the right to a
         fair hearing and the right of access to the                 The applicant states that, in the course of proceedings
         documents in the file: the applicants were not              brought by the Parliament against the Royale Belge
         given access to the documents; the Commission               insurance company before the Tribunal d'Arrondissement,
         wrongly imposed on the applicants the burden of             Luxembourg, in which it sought indemnification in respect
         proof concerning the type of certificate used by            of an alleged loss of funds, the Parliament's representative
         their consignees in order to secure customs                 stated that the applicant was not responsible for the loss
         clearance of the bananas; and the Commission                of supporting documents Ð that being the main complaint
         disregarded the evidential weight attaching to the          on the basis of which the disciplinary measure was taken
         contractual obligations to which the applicants'            against him on 18 January 1988 Ð but for the loss of
         consignees were subject;                                    cash sums.
     Ð infringement of Article 2 of Regulation No 1
                                                                     The applicant maintains that that statement amounts to
         regulating the use of languages in the European
                                                                     a withdrawal of the main accusation which resulted
         Economic Community;
                                                                     in the imposition of the disciplinary measure by the
                                                                     administrative authority which made that accusation. He
Ð breach of the principle of sound management and of                 considers, therefore, that that measure should be annulled.
     the principle prohibiting arbitrary acts.
                                                                     Action brought on 12 October 1998 by Giuseppe Carraro
Action brought on 5 October 1998 by Henri de Compte                    against the Commission of the European Communities
               against the European Parliament
                                                                                            (Case T-164/98)
                       (Case T-161/98)
                                                                                             (98/C 378/41)
                         (98/C 378/40)
                (Language of the case: French)                                      (Language of the case: Italian)
An action against the European Parliament was brought                An Action against the Commission of the European
before the Court of First Instance of the European                   Communities was brought before the Court of First
Communities on 5 October 1998 by Henri de Compte,                    Instance of the European Communities on 12 October
residing at Gravelotte (France), represented by Henri                1998 by Giuseppe Carraro, represented by Giuseppe
Ferretti, of the Thionville Bar, with an address for service         Marchesini, of the Vicenza Bar, with an address for service
in Luxembourg at the Chambers of AndreÂ Lutgen, 1 Rue                in Luxembourg at the Chambers of Ernest Arendt, Rue
J.-P. Brasseur.                                                      Mathias Hardt.