CELEX: C1996/145/18
Language: en
Date: 1996-05-18 00:00:00
Title: Action brought on 11 March 1996 by José Gomes de Sá Pereira against the Council of the European Union (Case T-30/96)

18 . 5 . 96           EN                   Official Journal of the European Communities                                    No C 145/9
      affords undertakings, to a certain extent, flexibility in        and the appointment of another candidate of Portuguese
      the way in which they draw up their accounts .                   nationality .
 The contested decision of the Commission infringes                    In support of his application the applicant alleges in
 Article 92 ( 1 ) of the EC Treaty; the assumption as to               particular that the contested decisions are vitiated by the
 the existence of favourable treatment which distorts                  following defects :
 competition and restricts trade at the expense of the State's
 finances is founded on errors of law, alternatively manifest          — breach of the rights of the defence, inasmuch as the
 errors in the assessment of the facts of the case . In                    administration did not take into account his right to be
 considering the question whether paragraph 82 f of the                    heard before taking the abovementioned decisions,
 EStDV may afford taxpayers an advantage in respect of
 interest, the Commission applied an erroneous standard of             — inadequate statement of reasons,
 comparison . The Commission's conclusions regarding the               — misuse of powers, inasmuch as, at least in so far as
 distortion of competition and restrictions on trade are
                                                                           concerns the Portuguese candidate finally selected, the
 illogical ; they are not based on verifiable findings of fact.            Council exceeded the criteria for filling the posts at issue .
                                                                           The applicant considers in this respect that the selected
                                                                           candidate does not possess the requisite experience,
                                                                      — misuse of powers , inasmuch as the appointment of the
                                                                           higher ranking officials of the Office for Harmonization
 Action brought on 11 March 1996 by José Gomes de Sa                       in the Internal Market, including the members of the
     Pereira against the Council of the European Union                     Boards of Appeal , was made in the context of a political
                         ( Case T-30/96 )                                  compromise .
                           ( 96/C 145/ 18 )
               (Language of the case: Portuguese)
                                                                      Action brought on 13 March 1996 by Lars Bo Rasmussen
An action against the Council of the European Union was                 against the Commission of the European Communities
 brought before the Court of First Instance of the European
 Communities on 11 March 1996 by José de Sa Pereira,                                              ( Case T-35 /96 )
residing at S. Joâo de Ver, represented by Augusto Cardoso,                                         ( 96/C 145/ 19 )
of the Oporto Bar, with an address for service at his
Chambers, 16-1 Dt° Rua Jornal Correio da Feira , P-4520                               (Language of tbe case: Frencb)
Santa Maria da Feira .
                                                                      An action against the Commission of the European
The applicant claims that the Court should :                          Communities was brought before the Court of First
                                                                      Instance of the European Communities on 13 March 1996
— annul the three decisions adopted by the Council of the             by Lars Bo Rasmussen, residing at Dalheim ( Grand Duchy
     European Union on 25 October 1 995 appointing the                of Luxembourg ), represented by Carlo Revoldini, of the
     two presidents and the members of the Boards of Appeal           Luxembourg Bar, with an address for service in
     of the Office for Harmonization in the Internal                  Luxembourg at his Chambers, 180 , Route de Longwy .
     Market,
                                                                      The applicant claims that the Court should :
— in the alternative, annul the decision appointing the
     members of the First Board of Appeal in its entirety or, if      annul :
     appropriate, in so far as concerns Dr Luis Manuel
     Chaves Fonseca Ferrâo,                                           — the Commission's decision cancelling the procedure
                                                                           under vacancy notice COM/ 116/94 in accordance with
— order the Council of the European Union to pay the                       Article 29 ( 1 ) ( a ) of the Staff Regulations,
     costs ,
                                                                      and, in so far as may be necessary,
— order the Council of the European Union to compensate
     the applicant for the damage caused to him by the                — the Commission's decision to reserve the post forming
     contested decisions in an amount to be decided by the                the subject-matter of vacancy notice COM/ 1 16/94 for a
     Court .                                                              national of a new Member State and to publish notice of
                                                                          open competition COM/A/929 ( Head of Unit V/F/3 ) in
                                                                          the C Series of the Official Journal of 1 June 1995 ,
Pleas in law and main arguments
                                                                      — the Commission's response, adopted on 14 December
The applicant, a Portuguese national, applied for the post of              1995 , rejecting the applicant's complaint of 14 July
member of one of the Boards of Appeal of the Office for                    1995 ;
Harmonization in the Internal Market. He challenges the
rejection of his candidature for the abovementioned post              order the defendant :