CELEX: C1997/228/56
Language: en
Date: 1997-07-26 00:00:00
Title: Action brought on 28 May 1997 by Kyriakos Skrikas against the European Parliament (Case T-167/97)

26 . 7 . 97           EN                    Official Journal of the European Communities                               No C 228/23
Action brought on 24 May 1997 by Albert Verleysen                      — declare that the applicant is entitled to a review of his
   against the Commission of the European Communities                       initial classification as from his appointment on
                        ( Case T-162/97 )                                   1 November 1992 pursuant to Article 31 ( 2 ) and
                                                                            Article 32 of the Staff Regulations, and to
                           ( 97/C 228/54 )                                  readjustment of his career,
                 (Language of the case: French)
                                                                       — order the defendant to pay all the costs of these
                                                                            proceedings.
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 24 May 1997                    Pleas in law and main arguments adduced in support:
by Albert Verleysen, residing at Denderleuuw ( Belgium),
represented by Marc-Albert Lucas, of the Liege Bar, with               The pleas in law and main arguments are similar to those
an address for service in Luxembourg at the Chambers of                relied upon in Case T-16/97 (').
Evelyne Korn, 21 Rue de Nassau.
                                                                       C ) OJ No C 74, 8 . 3 . 1997, p . 27.
The applicant claims that the Court should:
— annul the Commission's decision of 14 August 1996
     rejecting the applicant's request that he be reclassified
     in the higher grade of his career bracket in accordance           Action brought on 28 May 1997 by Kyriakos Skrikas
     with Article 31 ( 2 ) of the Staff Regulations,                                   against the European Parliament
                                                                                                ( Case T-167/97 )
— annul the Commission's decision of 3 February 1997
     rejecting the administrative complaint made by the                                           ( 97/C 228/56 )
     applicant against the first of the contested decisions,                            (Language of the case: French)
— order the defendant to pay the costs.                                An action against the European Parliament was brought
                                                                       before the Court of First Instance of the European
Pleas in law and main arguments adduced in support:                    Communities on 28 May 1997 by Kyriakos Skrikas,
                                                                       residing in Luxembourg, represented by Jean-Noel Louis,
The pleas in law and main arguments are the same as in                 Thierry Demaseure and Ariane Tornel, of the Brussels Bar,
Case T-16/97 I 1 ).                                                    with an address for service in Luxembourg at the offices
                                                                       of Fiduciaire Myson Sari, 30 Rue de Cessange.
O OJ No C 74, 8 . 3 . 1997, p . 27.
                                                                       The applicant claims that the Court should:
                                                                       — annul the decision not to promote the applicant to
                                                                             grade C 3 in the course of the 1996 promotions
                                                                             procedure,
Action brought on 26 May 1997 by Carlos Gomez de la
Cruz Talegon against Commission of the European                        — order the defendant to pay the costs.
                             Communities
                         ( Case T-165/97)                              Pleas in law and main arguments adduced in support:
                            ( 97/C 228/55 )
                                                                        In the context of the 1996 promotions procedure, the
                 (Language of the case: Spanish)                        appointing authority considered 28 potential promotions
                                                                        from grade C 4 to grade C 3 amongst a total of 186
 An action against the Commission of the European                       officials eligible for promotion, including the applicant.
 Communities was brought before the Court of First
 Instance of the European Communities on 26 May 1997                    The applicant, who was not promoted, maintains that the
 by Carlos Gomez de la Cruz Talegon, residing at                        adoption of the contested decision infringed Article 45 of
 Luxembourg, represented by Victor Gomez de la Cruz, of                 the Staff Regulations and breached the principle of
 the Malaga Bar, with an address for service in                         equality of treatment and non-discrimination and the
 Luxembourg c/o Consuelo Perez Anaya, 24 Marguerite de                  applicant's legitimate rights and interests, in particular his
 Brabant .                                                              interest in being promoted to grade C 3 following his
                                                                        reassignment to the 'Minutes' Division of the Parliament's
 The applicant claims that the Court should :                           Directorate-General 1 .
 — annul the decision adopted by the Commission                         According to the applicant, the contested decision was
      ( appointing authority) on 30 July 1996 not to                    adopted in breach of the rules governing the promotions
      reclassify the applicant and the decision of the                  procedure . He claims that it is vitiated by a manifest error
      Commission of 3 February 1997 rejecting the                       committed in the course of consideration of the merits of
      complaint made by the applicant against that refusal,             those eligible for promotion to grade C 3 , that it is totally
 ---pagebreak--- No C 228/24           EN                  Official Journal of the European Communities                                   26 . 7. 97
unsupported by any statement of reasons and that it was              The contested decisions were therefore arbitrary and
adopted in breach of the second paragraph of Article 25              clearly went beyond the limits of the Council's discretion .
of the Staff Regulations .
Action brought on 30 May 1997 by Daniel Varas Carrion                Action brought on 2 June 1997 by Farine Laziali SpA
          against the Council of the European Union                    against the Commission of the European Communities
                        ( Case T-168/97 )                                                  ( Case T-169/97)
                          ( 97/C 228/57)                                                      97/C 228/58 )
                 (Language of the case: French)
                                                                                    (Language of the case: Italian)
An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 30 May 1997 by Daniel Varas Carrion,                  An action against the Commission of the European
residing in Barcelona ( Spain ), represented by Marianne             Communities was brought before the Court of First
Droinet, of the Brussels Bar.                                        Instance of the European Communities on 2 June 1997 by
                                                                     Farine Laziali SpA, represented by Wilma Viscardini
The applicant claims that the Court should:                          Dona, Mariano Paolin and Simonetta Dona, of the Padua
                                                                     Bar, with an address for service in Luxembourg at the
                                                                     Chambers of Ernst Arendt, Rue Matthias Hardt.
— annul the Council 's decision of 19 December 1996
     ( received on 31 December 1996 ), refusing to admit the
     applicant to the test of Competition ' Consejo/C/374'
                                                                     The applicant claims that the Court should:
     ( Spanish-language typist) on the ground that the
     application documents supplied did not demonstrate a
     sufficient level of knowledge of a second Community
     language,                                                       — annul the Commission's decision by which the planned
                                                                         investment for rationalizing plant used in the
                                                                         production of dried medicinal herbs, called 'Project
— annul the Council 's decision of 18 March               1997
                                                                         No 013 ', included in the operational programme
     ( received on 24 March 1997), which confirmed the                   92.CT.IT.05 submitted to the Regione Lazio, was
     decision of 19 December 1996, notwithstanding the                   excluded from the financing provided for by
     applicant's complaint of 14 January 1997,                           Regulation ( EEC ) No 866/90 (Articles 173 and 174 of
                                                                         the EC Treaty),
— annul the test which took place on 26 April 1997 and
     therefore order all the candidates to be called again,
     including the applicant,                                        — order the Commission to pay to the applicant
                                                                         compensation for damage under Article 178 and the
— order the Council to pay the costs.                                    second subparagraph of Article 215 of the EC Treaty
                                                                         in the amount to be quantified by the Court during
Pleas in law and main arguments adduced in support:                      the proceedings,
The Council refused to admit the applicant to the first test         — order the Commission to pay the costs .
of the Open Competition for Spanish-language typists
( Consejo/C/374 ), on the ground that his application
documents did not show that he had sufficient knowledge
of French .
                                                                     Pleas in law and main arguments adduced in support:
The applicant maintains that no reasons are stated for the           The applicant, an Italian company based in Ponzano
first contested decision, and that it therefore infringes            Romano and Sant'Oreste, which carries on the activities
Article 190 of the EC Treaty.                                        of growing, processing   and marketing fodder plants and of
                                                                     drying the medicinal     herbs obtained when it cuts the
Concerning the second contested decision, the applicant              plants, challenges the   defendant's decision excluding the
maintains that the Secretariat General of the Council                planned investment in    rationalization of plant used in the
wrongly added other conditions to those laid down in the             production of dried medicinal herbs, submitted to the
competition notice . The latter stated merely that                   Regione Lazio, from the financing provided for by
knowledge of a second Community language had to be                   Regulation ( EEC ) No 866/90 ( ] ). That contribution was
sufficient. There was no provision that certificates                 intended to be used to carry out a programme of
demonstrating that knowledge had to be enclosed with the             investments in the construction of a new storage
application documents .                                              warehouse and in various infrastructure works .