CELEX: C1999/281/40
Language: en
Date: 1999-10-02 00:00:00
Title: Case T-162/99: Action brought on 19 July 1999 by Luigia Dricot-Daniele, Patricia De Palma and Claudine Hamptaux against the Commission of the European Communities

2.10.1999               EN                     Official Journal of the European Communities                                      C 281/21
According to the applicant, because of the classic nature of the          the Staff Committee of 22 October 1997 and of paragraph 2
contested aid and the fact that it is clearly operating and rescue        of Article 2 of the General Notice for Election published by
aid, the said period of two months may be considered                      the electoral office on 27 January 1999, inasmuch as 21 per-
reasonable.                                                               sons not qualifying as electors under the applicable rules voted
                                                                          in the contested elections and those votes may have affected
                                                                          the results as regards the allocation of the number of seats on
(1) OJ C 368 of 23.12.94.                                                 the various lists.
(2) OJ C 205 of 5.7.1997.
                                                                          They also plead infringement of the first paragraph of Article 1
                                                                          and Article 4 of Annex II to the Staff Regulations, of the
                                                                          second subparagraph of Article 3(1) and Article 6 of the Rules
                                                                          laying down the composition and operation of the Staff
                                                                          Committee, of Article 14(b) and (c) of the procedure adopted
                                                                          by the general meeting on 19 January 1999 for the election of
                                                                          the Brussels section of the Staff Committee, and of the second
Action brought on 19 July 1999 by Luigia Dricot-Daniele,                  paragraph of Article 2 and the second paragraph of Article 4
Patricia De Palma and Claudine Hamptaux against the                       of the General Notice for Election in that 27 postal votes
         Commission of the European Communities                           arrived out of time because the electors concerned received
                                                                          their ballot papers late.
                          (Case T-162/99)
                                                                          Lastly, the applicants plead infringement of the final paragraph
                          (1999/C 281/40)                                 of Article 14 of the Rules laying down the composition and
                                                                          operation of the Staff Committee and of Article 32 of the
                                                                          internal rules of the Brussels local staff committee of 14 April
                                                                          1990, in that the appointments to the Central Staff Committee
                    (Language of the case: French)                        and to the other organs set up under the Staff Regulations and
                                                                          administrative bodies were made by a local staff committee
An action against the Commission of European Communities                  constituted in accordance with the results of elections which
was brought before the Court of First Instance of the European            were vitiated by irregularities. In the applicants’ view, those
Communities on 19 July 1999 by Luigia Dricot-Daniele,                     irregularities may have altered the distribution of seats as
Patricia De Palma and Claudine Hamptaux, residing in Brussels,            between the different lists, and may consequently have altered
represented by Lucas Vogel, of the Brussels Bar, with an                  the distribution of seats on the Central Staff Committee and in
address for service at the Chambers of Christian Kremer, 6 Rue            the other administrative bodies or organs set up under the
Heinrich Heine.                                                           Staff Regulations appointments to which were to be made by
                                                                          the local staff committee.
The applicants claim that the Court should:
— annul the elections held on 9, 10 and 11 March 1999 to
    the Staff Committee of the local Brussels section and the
    various appointments and proposals for appointments to
    the Central Staff Committee and to the other organs set up
    under the Staff Regulations and administrative bodies                 Action brought on 9 July 1999 by Alain Leroy against the
    made by that committee following those elections;                                     Council of the European Union
— in so far as may be necessary: first, take note of the refusal
    by the Commission to annul the aforementioned elections                                        (Case T-164/99)
    and declare that the Staff Committee of the local Brussels
    section, constituted in accordance with the results of the                                    (1999/C 281/41)
    elections held on 9, 10 and 11 March 1999, as proclaimed
    by the electoral office on 23 March 1999, has not been
    validly constituted and, consequently, that the appoint-                                 (Language of the case: French)
    ments and or proposals for appointments made by that
    committee to the Central Staff Committee and to the                   An action against the Council of the European Union was
    other organs set up under the Staff Regulations and                   brought before the Court of First Instance of the European
    administrative bodies are invalid; and, second, annul the             Communities on 9 July 1999 by Alain Leroy, residing at
    rejection of the complaints lodged by the applicants;                 Grimbergen (Belgium), represented by Georges Vandersanden,
                                                                          of the Brussels Bar, with an address for service in Luxembourg
— order the defendant to pay the costs.                                   at the offices of Fiduciaire Myson SARL, 30 Rue de Cessange.
                                                                          The applicant claims that the Court should:
Pleas in law and main arguments
                                                                          — acknowledge the illegality of the decision of the Council of
                                                                              1 May 1999 laying down the detailed arrangements for
The applicants plead, first, infringement of the fourth para-                 the integration of the Schengen Secretarial into the General
graph of Article 1 of Annex II to the Staff Regulations of                    Secretariat of the Council, and consequently annul the
officials, of Article 7 of the Conditions of employment of other              same;
servants of the European Communities, of Articles 4(2) and 6
of the Rules laying down the composition and operation of                 — order the defendant to pay the costs.