CELEX: C2000/006/64
Language: en
Date: 2000-01-08 00:00:00
Title: Case T-265/99: Action brought on 29 October 1999 by Algemene service- en verkoopmaatschappĳ Arnhemse Poort B.V. against the Commission of the European Communities

8.1.2000               EN                    Official Journal of the European Communities                                           C 6/35
Action brought on 27 October 1999 by Jean Dehon                         Action brought on 29 October 1999 by Algemene service-
               against the European Parliament                          en verkoopmaatschappij Arnhemse Poort B.V. against the
                                                                                 Commission of the European Communities
                          (Case T-261/99)
                                                                                                  (Case T-265/99)
                           (2000/C 6/63)                                                           (2000/C 6/64)
                  (Language of the Case: French)                                            (Language of the Case: Dutch)
An action against the European Parliament was brought before            An action against the Commission of the European Communi-
the Court of First Instance of the European Communities                 ties was brought before the Court of First Instance of the
on 27 October 1999 by Jean Dehon, resident in Hagen,                    European Communities on 29 October 1999 by Algemene
Luxembourg, represented by Jean-Noël Louis, Greta-Françoise             service- en verkoopmaatschappij Arnhemse Poort B.V., of
Parmentier and Véronique Peere, of the Brussels Bar, with an            Arnhem (Netherlands), represented by J.P.A. Greuters, of the
address for service in Luxembourg at the offices of Société de          Arnhem Bar.
Gestion Fiduciaire SGF, 2-4 Rue Beck.
                                                                        The applicant claims that the Court should:
The applicant claims that the Court should:                             (a) annul the Commission’s decision (C(1999) 2539 final) (1)
                                                                             of 20 July 1999 concerning State aid granted by the
— annul the decision of the European Parliament rejecting                    Netherlands to 633 service stations in the region bordering
    his application for the post, at the grade of LA 3, of Deputy            Germany, or at least declare it partially void in so far as the
    Head of the French Translation Division;                                 applicant is classified in the ‘dealer-owned/dealer-operated’
                                                                             category with a clause relating to a system of price controls;
— annul the decision of the European Parliament to appoint              (b) order the Commission to pay the costs.
    another candidate to that post;
                                                                        Pleas in law and main arguments
— order the European Parliament to pay the costs.
                                                                        This case is linked to Case T-210/99. The applicant pleads
                                                                        failure to comply with the obligation to provide a statement
Pleas in law and main arguments                                         of reasons, on account of an essentially incorrect determination
                                                                        of the facts.
In support of his action, the applicant submits that the
European Parliament:                                                    (1) OJ L 280 of 30.10.1999, p. 87.
— failed to comply with the vacancy notice, Article 45 of the
    Staff Regulations and the principles of career progression
    and of equal treatment, by appointing a candidate who did
    not possess all the qualifications required by the vacancy
    notice;
                                                                        Action brought on 27 October 1999 by Autobedrijf
                                                                        Chr. Kerres B.V. against the Commission of the European
— manifestly erred in its assessment in considering that the
                                                                                                   Communities
    two candidates for the vacant post were of equivalent
    merit; and
                                                                                                  (Case T-263/99)
— infringed Article 25 of the Staff Regulations by not provid-
    ing the applicant with the information to enable him to                                        (2000/C 6/65)
    examine the justification for the contested decision and in
    particular the reason why he was not appointed to the
    post which he had already occupied, to the very great                                   (Language of the Case: Dutch)
    satisfaction of his line management, on the occasions when
    the Head of Division was absent.                                    An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 27 October 1999 by Autobedrijf
                                                                        Chr. Kerres B.V., of Kerkrade (Netherlands), represented by
                                                                        W.C.G.J. Sterk, of the Heerlen Bar.