CELEX: C2002/247/33
Language: en
Date: 2002-10-12 00:00:00
Title: Case T-234/02: Action brought on 2 August 2002 by Christos Michael against the Commission of the European Communities

12.10.2002             EN                      Official Journal of the European Communities                                     C 247/21
Pleas in law and main arguments                                           Action brought on 8 August 2002 by Commonfood
                                                                          Handelsgesellschaft für Agrar-Produkte mbH against the
                                                                                   Commission of the European Communities
The applicant, a former Commission official, claims that he
was the victim of harassment by the Commission. He alleges,
in that respect, wilful failure to implement a judgment of the                                     (Case T-239/02)
Court of First Instance (1), breach of the obligation to provide
reasons, breach of the principle of equal treatment and of non-
discrimination and breach by the Commission of its duty to                                         (2002/C 247/34)
have regard for the welfare of officials.
                                                                                              (Language of the case: German)
( 1) Case T-214/00 X v Commission [2001] ECR FP-IA-143 ; FP-II-
     663.
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 8 August 2002 by Commonfood
                                                                          Handelsgesellschaft für Agrar-Produkte mbH, of Langen (Ger-
Action brought on 2 August 2002 by Christos Michael                       many), represented by K. Landry and L. Harings, lawyers.
   against the Commission of the European Communities
                         (Case T-234/02)                                  The applicant claims that the Court should:
                         (2002/C 247/33)                                  —     annul the Commission’s decision No REC 4/01 of 5 March
                                                                                2002;
                    (Language of the case: Greek)
                                                                          —     order the defendant to reimburse to the applicant the
                                                                                costs necessarily incurred in the proceedings.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 August 2002 by Christos
Michael, resident in Brussels, represented by K. Tagaras,                 Pleas in law and main arguments
Lawyer.
                                                                          On the basis of oral information provided by the competent
The applicant claims that the Court should:                               customs authority, to the effect that production of import
                                                                          certificates for the importation of chickens in the context of
—      allow the application;                                             two specific quotas was not necessary, the applicant on 24 July
                                                                          1995 submitted a declaration in respect of the import in
—      annul the contested measures;                                      several consignments of frozen chicken pieces originating in
                                                                          Thailand under CN Code No 0207 41 10. — The competent
—      order the defendant to pay the costs.                              principal customs office initially granted relief from import
                                                                          duties, but subsequently charged the applicant import duties
                                                                          amounting to EUR 113 566,14. The applicant raised an
                                                                          objection to that decision and the national authorities referred
Pleas in law and main arguments                                           the matter to the Commission for a decision. By the contested
                                                                          decision, the Commission found that the import duties were
                                                                          to be entered in the accounts after the event.
This is an action challenging the decision concerning the
appointment of officials to the posts of Deputy Head of Unit
DG FC.A.1 and Head of the Sector ‘Politiques internes et
Agences’ in that unit.                                                    The pleas in law and arguments correspond to those advanced
                                                                          in Case T-309/01 Peter Biegi Nahrungsmittel GmbH v Com-
                                                                          mission (1).
The applicant pleads infringement of Articles 5, 25, 43 and 45
of the Staff Regulations and of the principle of equal treatment.
He also claims that there was a manifest error of assessment              (1 ) OJ C 56 of 2.3.2002, p. 14.
and misuse of powers in making the contested appointments.