CELEX: C2000/273/24
Language: en
Date: 2000-09-23 00:00:00
Title: Case T-181/00: Action brought on 6 July 2000 by Carmelo Morello against the Commission of the European Communities

C 273/14                EN                     Official Journal of the European Communities                                     23.9.2000
remaining within the limits of the findings of fact made by the           —     annul the Commission’s decision to appoint another
Commission. On the other hand, in the assumption that the                       person to fill that post;
Council did have power to reject the proposal, such rejection
was illegal in the present case, because it constituted
                                                                          —     in so far as may be necessary, annul the implicit decision
                                                                                of the appointing authority rejecting the pre-litigation
—     a wilful disregard or manifest error of appreciation of the               claim made by the applicant;
      facts found by the Commission
—     a denial of procedural rights and legitimate expectations           —     award the sum of 120 000 euro, subject to increase or
      of the complainants                                                       decrease during the course of the proceedings, by way of
                                                                                compensation for the non-material damage suffered by
                                                                                the applicant as a result of the irregular or incomplete
—     a failure to state adequate reasons as required by
                                                                                information gathered by the defendant in relation to the
      Article 253 EC
                                                                                applicant’s personal file and the state of uncertainty and
                                                                                worry in which he has been placed with regard to his
Finally, the applicant claims that the Council is liable under                  future career;
Article 288(2) EC because its failure to adopt protective
measures amounts to unlawful conduct which caused and
continues to cause damage to the applicant.                               —     award the sum of 25 000 euro, subject to increase or
                                                                                decrease during the course of the proceedings, by way of
                                                                                compensation for the material damage suffered by the
                                                                                applicant as a result of his having been rejected as a
(1) Council Regulation (EC) No 384/96 of 22 December 1995 on                    candidate for the post to be filled and of his having thus
    protection against dumped imports from countries not members                lost an opportunity of promotion;
    of the European Community, OJ 1996 L 56, p. 1, as last amended
    by Council Regulation (EC) No 905/98 of 27 April 1998, OJ
    L 128, p. 18.                                                         —     order the Commission to pay all the costs.
                                                                          Pleas in law and main arguments
                                                                          The pleas in law and main arguments are similar to those in
                                                                          Cases T-135/00, T-136/00 and T-164/00.
Action brought on 6 July 2000 by Carmelo Morello
  against the Commission of the European Communities
                         (Case T-181/00)
                         (2000/C 273/24)
                    (Language of the case: French)
                                                                          Action brought on 13 July 2000 by S.A. Strabag Benelux
                                                                                N.V. against the Council of the European Union
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 6 July 2000 by Carmelo Morello,                                            (Case T-183/00)
residing in Brussels, represented by Jacques Sambon and Pierre
Paul Van Gehuchten, of the Brussels Bar.
                                                                                                   (2000/C 273/25)
The applicant claims that the Court should:
—     annul the Commission’s decision rejecting his application                              (Language of the case: French)
      for post COM/090/99 IV/C/1 as head of unit with
      responsibility for directing and coordinating the work of
      the ‘Telecommunications and Postal Services’ unit within            An action against the Council of the European Union was
      the Information, Communications and Multimedia Direc-               brought before the Court of First Instance of the European
      torate, and annul all preparatory acts adopted in antici-           Communities on 13 July 2000 by S.A. Strabag Benelux
      pation of that decision which may themselves prove to               N.V., established at Stabroek (Belgium), represented by André
      be irregular;                                                       Delvaux, of the Brussels Bar.