CELEX: C1998/258/68
Language: en
Date: 1998-08-15 00:00:00
Title: Action brought on 24 June 1998 by Bureau Européen des Unions de Consommateurs (BEUC) against the Commission of the European Communities (Case T-96/98)

C 258/38             EN                 Official Journal of the European Communities                                   15.8.98
Action brought on 24 June 1998 by Bureau EuropeÂen                 According to the applicant, therefore, the object of the
des Unions de Consommateurs (BEUC) against the                     present case differs from that of the application in Case
         Commission of the European Communities                    T-256/97. Whereas that case concerns the right of
                        (Case T-96/98)                             representative consumer organisations to take part in anti-
                                                                   dumping proceedings as interested parties, the present
                         (98/C 258/68)                             application refers to the validity of a regulation adopted
                                                                   following a procedure which infringes an essential
               (Language of the case: English)                     procedural requirement.
                                                                   (1) OJ C 7 of 10.1.1998, p. 21.
An action against the Commission of the European                   (2) OJ L 111 of 9.4.1998, p. 19.
Communities was brought before the Court of First                  (3) OJ L 56 of 6.3.1996, p. 1.
Instance of the European Communities on 24 June 1998
by Bureau EuropeÂen des Unions de Consommateurs
(BEUC), represented by Bernard O'Connor and Bonifacio
García Porras, with an address for service in Luxembourg
at the office of ArseÁne Kronshagen, 22 Rue Marie
Adelaïde.
                                                                   Action brought on 30 June 1998 by Maurizio Gastaldello
                                                                               against the Committee of the Regions
The applicant claims that the Court should:                                                (Case T-97/98)
                                                                                            (98/C 258/69)
Ð declare void, pursuant to Articles 173 and 174 of the
     EC Treaty, Commission Regulation (EC) No 773/98
                                                                                   (Language of the case: French)
     of 7 April 1998 imposing a provisional anti-dumping
     duty on imports of certain unbleached cotton fabrics
     originating in the People's Republic of China, Egypt,         An action against the Committee of the Regions was
     India, Indonesia, Pakistan and Turkey;                        brought before the Court of First Instance of the European
                                                                   Communities on 30 June 1998 by Maurizio Gastaldello,
                                                                   residing in Brussels, represented by Jean-NoeÈl Louis,
Ð make any additional order which the Court considers              VeÂronique Leclercq, Ariane Tornel and FrancËoise
     necessary; and                                                Parmentier, of the Brussels Bar, with an address for service
                                                                   in Luxembourg at the offices of Fiduciaire Myson SARL,
Ð order the Commission to pay the costs of the                     30 Rue de Cessange.
     proceedings.
                                                                   The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:
                                                                   Ð annul the decision not to admit the applicant to the
                                                                       tests in competition C/01/97;
The applicant in the present case, the same as in Case
T-256/97 (1), is an international representative consumer
organisation comprising a number of national                       Ð order the defendant to pay the costs.
organisations, whose object is the promotion of the
interests of consumers in relation to the policies of the          Pleas in law and main arguments adduced in support:
European Union.
                                                                   On 27 October 1997 the applicant, a grade D 3/4 official
The applicant claims that Commission Regulation (EC)               in the Council of the European Union, submitted his
No 773/98 of 7 April 1998, imposing a provisional anti-            application to take part in internal competition No C/01/
dumping duty on imports of certain unbleached cotton               97 organised by the Committee of the Regions with a
fabrics originating in the People's Republic of China,             view to constituting a reserve list for the recruitment of
Egypt, India, Indonesia, Pakistan and Turkey (2), should be        grade C5/C4 typists.
declared void.
                                                                   The contested decision provided that he was not to be
It is submitted in this regard that the Commission, by not         admitted to the tests.
recognising the applicant as an interested party in
the administrative procedure relating to the contested             According to the applicant, the notice of competition is
regulation and by not allowing it either to have access            unlawful in that it lays down a criterion for admission
to all confidential documents and information made                 which cannot be legally justified by the specific
available during the anti-dumping proceeding or to submit          requirements of the posts to be filled. He further
its comments, has infringed an essential procedural                maintains that the notice is unlawful in that it excludes
requirement provided for in favour of consumer                     applications from potential candidates fulfilling the
organisations in Article 6(7) and 21(2) of Council                 criteria laid down by Article 5(4) of the Staff Regulations
Regulation (EC) No 384/96 of 22 December 1995 on                   who, at the time when the notice of competition was
protection against dumped imports from countries not               published, were not performing duties similar to those
members of the European Community (3).                             described in Point II of the notice in question.