CELEX: C1999/071/60
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 24 December 1998 by Claude Willeme against Commission of the European Communities (Case T-211/98)

C 71/32              EN                 Official Journal of the European Communities                                   13.3.1999
In support of his claims, the applicant states that there has      In respect of that decision, the applicant pleads:
been misuse of power inasmuch as the Staff Regulations
have been infringed.
                                                                   Ð infringement of Article 88 of the Staff Regulations, in
                                                                       so far as the conditions for the application of that
(1) OJ C 94, 28.3.1998, p. 30.
                                                                       article are not satisfied in the present case;
                                                                   Ð breach of the duty to state reasons;
                                                                   Ð breach of the principle of proportionality and the duty
Action brought on 24 December 1998 by Claude Willeme                   to have regard for the welfare of officials;
     against Commission of the European Communities
                       (Case T-211/98)
                                                                   Ð breach of the interest of the service and the principle
                        (1999/C 71/60)                                 of     good    management        practice    and    sound
                                                                       administration;
               (Language of the case: French)
                                                                   Ð breach of the principle of non-discrimination, in so far
An action against the Commission of the European                       as facts of the type alleged have never resulted in a
Communities was brought before the Court of First                      decision to suspend an official, which is limited to
Instance of the European Communities on 24 December                    much more serious facts;
1998 by Claude Willeme, residing in Brussels, represented
by Georges Vandersanden and Laure Levi, of the Brussels
Bar, with an address for service in Luxembourg at the              Ð breach of the rights of the defence.
offices of the Fiduciaire Myson SARL, 30 Rue de
Cessange.
The applicant claims that the Court should:
                                                                   Action brought on 29 December 1998 by Neptune Orient
Ð annul the appointing authority's decision of
                                                                   Lines Limited against the Commission of the European
    16 December 1998 to suspend the applicant from his
                                                                                            Communities
    duties and to withhold a sum equal to one half of his
    basic salary from his remuneration with immediate                                     (Case T-212/98)
    effect;
                                                                                           (1999/C 71/61)
Ð order the European Commission to pay damages by
    way of compensation for the material and the                                  (Language of the case: English)
    non-material loss suffered as a result of the unlawful
    nature of the decision of 16 December 1998; those              An action against the Commission of the European
    damages are provisionally assessed at EUR 31 001;              Communities was brought before the Court of First
                                                                   Instance of the European Communities on 29 December
Ð order the defendant to pay the costs.                            1998 by Neptune Orient Lines Limited, represented by
                                                                   John Pheasant, Nicholas Bromfield and Matthew Levitt of
                                                                   Lovell White Durrant, Solicitors, and Alexandre R. M.
Pleas in law and main arguments adduced in support:                Nourry, Solicitor, and Marleen J. J. Van Kerckhove of
                                                                   Clifford Chance with an address for service in
The contested decision was adopted in the context of               Luxembourg at the Chambers of Loesch & Wolter, 11, rue
disciplinary proceedings initiated against the applicant           Goethe.
when, following an investigation carried out by the Unit
on Coordination of Fraud Prevention (UCLAF), the                   The applicant claims that the Court should:
administration of the defendant institution learned that his
wife had been awarded an employment contract with a
contractor of the Commission and had been paid for six             (a) annul the decision of 16 September 1998 relating to a
months notwithstanding the fact that she only worked for               proceeding pursuant to Articles 85 and 86 of the EC
two weeks. The appointing authority considered that it                 Treaty (Case No IV/35.134-Trans-Atlantic Conference
was apparent from the information gathered by the                      Agreement);
UCLAF that the applicant's wife had been awarded that
contract because of the post held by the applicant at the
Security Office in Brussels. It therefore decided to initiate      (b) in any event, annul the fine imposed on it or reduce
the disciplinary proceedings and to adopt the contested                such fine by the amount considered appropriate by the
decision.                                                              Court in all the circumstances;