CELEX: C2000/355/78
Language: en
Date: 2000-12-09 00:00:00
Title: Case T-313/00: Action brought on 29 September 2000 by Sjoerd Feenstra against Commission of the European Communities

9.12.2000              EN                     Official Journal of the European Communities                                       C 355/37
—     Infringement of Article 10 of Annex VII to the Staff               —     failure to fulfil the duty to have regard for the welfare of
      Regulations. The applicant was entitled to the daily                     officials;
      subsistence allowance laid down by that provision, since
      she was required to change her place of residence to               —     infringement of Community rules on free movement for
      Luxembourg for the sole purpose of being able to carry                   workers;
      out the work for which she was employed, whereas the
      centre of her interests remained in Portugal.                      —     failure to fulfil the obligation to provide reasons.
                                                                         Action brought on 10 October 2000 by AgipPetroli SpA
Action brought on 29 September 2000 by Sjoerd Feenstra                       against Commission of the European Communities
    against Commission of the European Communities
                                                                                                   (Case T-317/00)
                         (Case T-313/00)
                                                                                                   (2000/C 355/79)
                         (2000/C 355/78)
                                                                                             (Language of the case: Italian)
                   (Language of the case: French)
                                                                         An action against the Commission of the European Communi-
An action against the Commission of the European Communi-                ties was brought before the Court of First Instance of the
ties was brought before the Court of First Instance of the               European Communities on 10 October 2000 by AgipPetroli
European Communities on 29 September 2000 by Sjoerd                      SpA, represented by Mario Siragusa of the Rome Bar, Matteo
Feenstra, residing in Brussels, represented by Georges Vander-           Beretta, of the Bergamo Bar, Francesca Maria Moretti, of the
sanden and Laure Levi, of the Brussels Bar.                              Venice Bar, and Eduardo De Simone, of the Naples Bar, with
                                                                         an address for service in Luxembourg at the Chambers of
                                                                         Elvinger Hoss & Prussen, 2 Place Winston Churchill.
The applicant claims that the Court should:
                                                                         The applicant claims that the Court should:
—     annul the decision taken by the appointing authority on
      27 September 1999 grading the applicant in Grade A 7,              —     annul the contested decision in whole or in part in so far
      step 3;                                                                  as it concerns the applicant;
—     order the defendant to pay damages provisionally asses-            —     order the Commission to pay all the costs.
      sed, ex aequo et bono, at 1 euro;
—     order the defendant to pay the costs.                              Pleas in law and main arguments
                                                                         On 9 February 2000, the European Commission adopted a
Pleas in law and main arguments                                          decision whereby it declared the acquisition of Elf Aquitaine
                                                                         S.A. by Totalfina compatible with the common market and
                                                                         with the Agreement on the European Economic Area. That
The applicant, who was a successful candidate in competition             decision was subject to the compliance by Totalfina with a
COM/A/764, contests the appointing authority’s decision to               number of undertakings, including the undertaking to sell
grade him, on establishment, at Grade A 7, step 3.                       70 petrol stations located on the French motorway network,
                                                                         specifically set out in a table appended to the decision.
In support of his claims, the applicant alleges:
                                                                         The present case has been brought against the decision of the
—     manifest error of assessment;                                      Commission of 13 September 2000 (SG (2000) D/106729)
                                                                         rejecting the plan submitted by Totalfina S.A., with the purpose
                                                                         of implementing the abovementioned decision of 9 February
—     infringement of Articles 31(2) and 32 of the Staff                 2000 Totalfina/Elf (COMP/M. 1628). That decision rejected
      Regulations;                                                       the plan put forward on account of the fact that two
                                                                         prospective purchasers, one of which was the applicant itself,
—     breach of the principle of non-discrimination;                     were not in a position to compete effectively against Totalfina.