CELEX: C2001/061/09
Language: en
Date: 2001-02-24 00:00:00
Title: Case C-467/00 P: Appeal brought on 27 December 2000 by Staff Committee of the European Central Bank, established in Frankfurt am Main, Germany, Johannes Priesemann, member of staff of the ECB, residing in Frankfurt am Main, Germany, Marc van de Velde, member of staff of the ECB, residing in Usingen-Kransberg, Germany and Maria Concetta Cerafogli, member of staff of the ECB, residing in Frankfurt am Main, Germany against the order made on 24 October 2000 by the Fourth Chamber of the Court of First Instance of the European Communities in case T-27/00 between Staff Committee of the European Central Bank, Johannes Priesemann, Marc van de Velde and Maria Concetta Cerafogli and European Central Bank

24.2.2001              EN                      Official Journal of the European Communities                                           C 61/5
Appeal brought on 27 December 2000 by Staff Com-                          of the ECB do not foresee a time-limit within which an action
mittee of the European Central Bank, established in                       should be brought. Thirdly, the Conditions of Employment of
Frankfurt am Main, Germany, Johannes Priesemann, mem-                     the ECB do not require internal procedures to be exhausted
ber of staff of the ECB, residing in Frankfurt am Main,                   prior to the bringing of an action. Lastly, this legal situation is,
Germany, Marc van de Velde, member of staff of the                        in the view of the Appellants, usual for a private law
ECB, residing in Usingen-Kransberg, Germany and Maria                     relationship of the type established by the Conditions of
Concetta Cerafogli, member of staff of the ECB, residing                  Employment of the ECB. There is no need to construct further
in Frankfurt am Main, Germany against the order made                      limitations for actions in the form of time-limits or internal
on 24 October 2000 by the Fourth Chamber of the Court                     procedures.
of First Instance of the European Communities in case
T-27/00 (1) between Staff Committee of the European
Central Bank, Johannes Priesemann, Marc van de Velde                      (1) OJ C 135, 13.5.2000, p. 13.
and Maria Concetta Cerafogli and European Central Bank
                        (Case C-467/00 P)
                          (2001/C 61/09)
                                                                          Appeal brought on 29 December 2000 by the Commission
An appeal against the order made on 24 October 2000 by the                of the European Communities against the judgment deliv-
Fourth Chamber of the Court of First Instance of the European             ered on 24 October 2000 by the Third Chamber, Extended
Communities in case T-27/00 between Staff Committee of the                Composition, of the Court of First Instance of the Euro-
European Central Bank, Johannes Priesemann, Marc van de                   pean Communities in case T-178/98 (1) between Fresh
Velde and Maria Concetta Cerafogli and European Central                   Marine Company A/S and the Commission of the Euro-
Bank, was brought before the Court of Justice of the European                                    pean Communities
Communities on 27 December 2000 by Staff Committee of
the European Central Bank, Johannes Priesemann, Marc van                                          (Case C-472/00 P)
de Velde and Maria Concetta Cerafogli, represented by
N. Pflüger, R. Steiner and S. Mittländer, Rechtsanwalte, Frank-
                                                                                                    (2001/C 61/10)
furt am Main, with an address for service in Luxembourg at
the office of A. Schiltz, Association Luxembourgeoise des
Employés de Banque et d’Assurance, 29 Avenue Monterey.                    An appeal against the judgment delivered on 24 October 2000
                                                                          by the Third Chamber, Extended Composition, of the Court of
                                                                          First Instance of the European Communities in case T-178/98
The Appellants claim that:                                                between Fresh Marine A/S and the Commission of the
                                                                          European Communities, was brought before the Court of
1)    the order be annulled and the claims brought in the first           Justice of the European Communities on 29 December 2000
      instance be accepted as founded,                                    by the Commission of the European Communities, represented
                                                                          by Viktor Kreuschitz, Legal Adviser, and Sinéad Meany, a
      and if this claim cannot be accepted, demand that                   national civil servant on secondment to the Legal Service of
                                                                          the Commission, acting as agents, assisted by Nicholas Khan,
      the order be annulled in so far as the Court of First               Barrister, of the Bar of England and Wales, with an address for
      Instance dismissed the action as inadmissible and the case          service in Luxembourg at the office of Carlos Gómez de la
      be referred back to the Court of First Instance of the              Cruz, a member of the Legal Service, Centre Wagner.
      European Communities
                                                                          The Appellant claims that the Court should:
2)    the Respondent be ordered to pay the costs of the appeal
      and the action at the Court of First Instance of the                1.    set aside the judgment, dismiss the Application, and order
      European Communities.                                                     the Respondent to pay the costs, or alternatively,
                                                                          2.    set aside the judgment and refer the case back to the
Pleas in law and main arguments                                                 Court of First Instance.
The admissibility and timeliness of the action has to be judged
on the basis of Article 236 EC in conjunction with Article                Pleas in law and main arguments
36.2 of the Statute. Article 36.2 of the Statute, in turn, refers
to the conditions of employment. Hence, the application and               It is submitted that the judgment appealed is vitiated by a
interpretation of Article 42 of the Conditions of Employment              number of errors of law and should be set aside and the
of the ECB has to be the basis of the ruling. The Appellants              Application dismissed. It is submitted that the Court of First
hold the view that the Court of First Instance overlooked three           Instance erred in law in the following respects:
aspects of law in this respect: first, Article 42 of the Conditions
of Employment of the ECB provides for access to the Court of              —     In holding that the damage arose from the allegedly
Justice in the case of disputes over collective rights. Second, in              unlawful conduct of the Commission when it examined
the pursuit of collective rights the Conditions of Employment                   the October 1997 report.