CELEX: C2000/355/72
Language: en
Date: 2000-12-09 00:00:00
Title: Case T-304/00: Action brought on 22 September 2000 by María Jesús Sáez Acevedo against Commission of the European Communities

9.12.2000               EN                     Official Journal of the European Communities                                        C 355/33
The pleas in law and principal arguments are similar to those             The applicant puts forward three pleas in law in support of his
relied on in Case T-297/00 (1).                                           application:
                                                                          —     Infringement of Articles 81 and 82 EC;
(1) See p. 30 of this Official Journal.
                                                                          —     Infringement of Council Directive 93/16/EEC of 5 April
                                                                                1993 to facilitate the free movement of doctors and the
                                                                                mutual recognition of their diplomas, certificates and
                                                                                other evidence of formal qualifications (1);
                                                                          —     Breach of the rules of assessment of the Community
                                                                                interest.
                                                                          (1) OJ 1993 L 165, p. 1.
Action brought on 21 September 2000 by Anthony
Goldstein against the Commission of the European Com-
                                munities
                           (Case T-302/00)
                           (2000/C 355/71)
                                                                          Action brought on 22 September 2000 by Marı́a Jesús
                                                                          Sáez Acevedo against Commission of the European Com-
                    (Language of the case: English)                                                   munities
An action against the Commission of the European Communi-                                          (Case T-304/00)
ties was brought before the Court of First Instance of the
European Communities on 21 September 2000 by Anthony
                                                                                                   (2000/C 355/72)
Goldstein, represented by Raymond St John Murphy, Solicitor,
of Merriman White, London.
                                                                                            (Language of the case: Spanish)
The applicant claims that the Court should:
                                                                          An action against the Commission of the European Communi-
—     annul the decision of the Commission of 7 July 2000                 ties was brought before the Court of First Instance of the
      rejecting the complaint made pursuant to Regulation                 European Communities on 22 September 2000 by Marı́a Jesús
      No 17 by the applicant concerning infringement of                   Sáez Acevedo, residing in Brussels represented by Juan Ramón
      Articles 81 and 82 EC by the General Medical Council;               Iturriagagoitia.
—     order the Commission to pay the costs.                              The applicant claims that the Court should:
                                                                          —     annul the decision adopted on 13 December 1999 by the
                                                                                Commission’s Pensions Unit, in accordance with the
Pleas in law and main arguments                                                 earlier requests of 23 August 1999, 22 September 1999
                                                                                and 3 December 1999;
In 1993 the applicant, a Community medical specialist in
                                                                          —     review of the applicant’s file, in view of the transfer of her
rheumatology, submitted to the Commission under Article
                                                                                pension rights, by the Transfer of Pension Rights Section
3 (2) of Council Regulation No 17 an application for a finding
                                                                                of the Commission Pensions Unit following receipt of
that the General Medical Council, a statutory body which
                                                                                the interest arising from enforcement of a judgment,
regulates the medical profession in the territory of the United
                                                                                transferred by the Spanish social security;
Kingdom, had infringed Articles 85 and 86 of the EC Treaty
(now Articles 81 and 82 EC). By letter of 7 July 2000 the
Commission informed the applicant that his complaint had                  —     order any calculation necessary in respect of the above-
been rejected (the contested decision).                                         mentioned transfer;
 ---pagebreak--- C 355/34                EN                      Official Journal of the European Communities                                      9.12.2000
—     order the Commission to compensate the applicant                     Pleas in law and main arguments
      pursuant to the general implementing provisions (GIP)
      by paying interest at a rate of 3,5 % per annum, calculated
      on the basis of the capital sum required to ensure the number
      of years of pensionable service with which she is to be credited     This present action is directed against the Commission’s
      under the Staff Regulations in respect of the periods to which       decision of 11 July 2000 C (2000) 1099), which withdraws
      such interest relates;                                               the grant made to Massalombarda Colombani S.p.A. by
                                                                           Commission Decision No C (88) 1005/275 of 30 June 1988
—     order the repayment to the applicant of any amount                   concerning a grant of aid by the EAGGF, Guidance Section,
      overpaid as a result of the difference between the                   pursuant to Council Regulation (EEC) No 355/77 for project
      transferable capital sum together with interest of all kinds         No 88.41.IT.003.0, entitled ‘Modernisation of a fruit and
      and the capital sum required to ensure payment together              vegetable processing establishment in Portomaggiore (Ferrara)’.
      with interest payable to the Commission; and
—     order the Commission to pay the costs.
                                                                           It is pointed out in this regard that one year before Massalom-
                                                                           barda Colombani was acquired by the applicant it was
                                                                           inspected by the Italian Finance Ministry and the Commission
                                                                           jointly for the purpose of verifying the implementation of an
Pleas in law and main arguments
                                                                           EAGGF project, approved by Decision No C (91) 225576 of
                                                                           28 October 1991. During that inspection certain irregularities
                                                                           were discovered in the documentation and payment of the
The pleas in law and main arguments are those relied on in
                                                                           final part of the grant provided for was suspended. The
Case T-303/00 Caballero Montoya v Commission.
                                                                           following year three other projects were checked. In those
                                                                           cases too the Commission found various irregularities.
                                                                           The applicant stresses the fact that it never received any
                                                                           information from the vendor, just as no information was given
                                                                           concerning the state of the other EAGGF projects undertaken
                                                                           by Massalombarda.
Action brought on 21 September 2000 by Società Italia
Soc. Coop. a.r.l. against Commission of the European
                           Communities                                     Meanwhile, as a result of the irregularities found in the 1994
                                                                           inspection, in 1997 the Commission proceeded to discontinue
                                                                           one of the projects checked, namely, the project relating to the
                         (Case T-305/00)                                   Massalombarda plant. That company having been acquired by
                                                                           the applicant, it fell to an undertaking which had no connection
                                                                           at all with the matter to bear the burden of the decision.
                         (2000/C 355/73)
                    (Language of the case: Italian)                        In support of its claims the applicant pleads:
An action against the Commission of the European Communi-                  —      that the contested decision is unlawful for want of
ties was brought before the Court of First Instance of the                        reasoning;
European Communities on 21 September 2000 by Società
Italia Soc. Coop. a.r.l., established at S. Lazzaro di Savena,
represented by Maria Averani, Andrea Pisaneschi and Stefano
Zunarelli, lawyers, with an address for service in Luxembourg              —      that the decision is unlawful and that the factual grounds
at the Chambers of Charles Turk, 13b Avenue Guillaume.                            were incorrectly determined, in that the Commission
                                                                                  ought not to have considered it necessary to specify in its
                                                                                  decision to which invoices it was referring;
The applicant claims that the Court should:
                                                                           —      that the Commission’s decision is unlawful on account of
—     annul, pursuant to the second paragraph of Article 230
                                                                                  misinterpretation of the obligations undertaken by the
      EC, the Commission’s decision of 11 July 2000;
                                                                                  recipient and of infringement of the Community rules on
                                                                                  the proper working of the market, and also on the criteria
—     order the Commission to pay the costs.                                      for selecting projects suitable for financing;