CELEX: C2001/118/113
Language: en
Date: 2001-04-21 00:00:00
Title: Case T-42/01: Action brought on 22 February 2001 by Syndicat des employés, techniciens et cadres de la F.G.T.B. against Commission of the European Communities

C 118/42              EN                      Official Journal of the European Communities                                      21.4.2001
Grounds submitted:            — Infringement of Article 7(1)b            The applicant states that, nearly four years after its complaint,
                                  of Regulation n. 40/94.                the Commission has not taken any provisional measure or
                              — Infringement of Article 7(3) of          adopted a definitive decision, and that the contested system is
                                  Regulation n. 40/94.                   therefore still being applied, even though it was accepted by
                                                                         the Commission from the start of the procedure that it was
                              — Infringement of the appli-               not consistent with Community law.
                                  cant’s right of defence.
Action brought on 22 February 2001 by Syndicat des
employés, techniciens et cadres de la F.G.T.B. against
         Commission of the European Communities                          Action brought on 23 February 2001 by Jean-Jacques
                                                                         Rateau against the Commission of the European Com-
                         (Case T-42/01)                                                              munities
                       (2001/C 118/113)                                                           (Case T-43/01)
                   (Language of the case: French)                                               (2001/C 118/114)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 February 2001 by Syndicat des                                    (Language of the case: French)
employés, techniciens et cadres de la F.G.T.B., established in
Brussels, represented by Luc Misson, Laurent Denis and
Patrick Mbaya Kapita, Avocats, with an address for service in            An action against the Commission of the European Communi-
Luxembourg.                                                              ties was brought before the Court of First Instance of the
                                                                         European Communities on 23 February 2001 by Jean-Jacques
                                                                         Rateau, residing in Beersel (Belgium), represented by Eric
The applicant claims that the Court should:                              Boigelot, avocat, address for service in Luxembourg.
—     Declare that the Commission failed to adopt the necessary
      measures within a reasonable time following the appli-             The applicant claims that the Court should:
      cant’s complaint on the basis of Article 3 of Regulation
      No 17;
                                                                         —    annul the decision of the appointing authority to assign
—     Declare that the Commission is obliged to take the                      the applicant, with effect from 1 July 2000, to the post
      necessary measures within one month against the parties                 of adviser on consumer information working to the Head
      complained against in the applicant’s complaint pursuant                of Unit Health and Consumer Protection SANCO.D.4
      to Regulation No 17;                                                    ‘Food law and biotechnology’, as it emerges from the
                                                                              organisational chart for DG SANCO of 15 June 2000 and
                                                                              the explicit decision adopted on 1 August 2000 by
—     Order the defendant to pay the costs.
                                                                              Mr Robert Coleman, Director General of the Directorate-
                                                                              General ‘Consumer policy and consumer health protec-
                                                                              tion’, brought to the applicant’s notice on 28 August
Pleas in law and main arguments                                               2000;
The applicant states that on 1 July 1997 it lodged a complaint           —    order the defendant to pay to the applicant, as compen-
on the basis of Articles 48 and 85 of the EC Treaty (now                      sation for non-material damage, BEF 1 as provisional
Articles 39 EC and 81 EC) concerning the transfer system for                  damages in respect of injury assessed at BEF 10 000,
professional football players applied by organisations such as                subject to increase or decrease in the course of proceed-
FIFA, URBSFA and the Ligue professionelle de Football de                      ings;
Belgique. Following that complaint, registered under
No IV/36.583-SETCA-FGTB/FIFA, URBSFA, the Commission
initiated a procedure against FIFA.                                      —    in any event, order the defendant to pay the costs.