CELEX: C1998/166/07
Language: en
Date: 1998-05-30 00:00:00
Title: Appeal brought on 20 March 1998 by Mario Costacurta against the judgment delivered on 22 January 1998 by the Third Chamber of the Court of First Instance of the European Communities in Case T-98/96 between Mario Costacurta and the Commission of the European Communities (Case C-75/98 P)

30.5.98              EN                 Official Journal of the European Communities                                  C 166/5
Appeal brought on 20 March 1998 by Mario Costacurta                    for Official Publications are, in budgetary terms, part
against the judgment delivered on 22 January 1998 by the               of the Commission's total staff', since that has not
Third Chamber of the Court of First Instance of the                    been the case since 1970;
European Communities in Case T-98/96 between Mario
     Costacurta and the Commission of the European
                         Communities                               Ð Infringement of Article 7 of the Staff Regulations;
                      (Case C-75/98 P)
                        (98/C 166/07)                              Ð Contravention of the principle of the protection of
                                                                       legitimate expectations and the duty to have regard for
                                                                       the welfare of officials;
An appeal against the judgment delivered on 22 January
1998 by the Third Chamber of the Court of First Instance
of the European Communities in Case T-98/96 between                Ð Infringement of Articles 25 and 101a of the Staff
Mario Costacurta and the Commission of the European                    Regulations.
Communities was brought before the Court of Justice of
the European Communities on 20 March 1998 by Mario                 (1) OJ C 94 of 28.3.1998, p. 20.
Costacurta, represented by Albert Rodesch, Avocat-avoueÂ,          (2) OJ L 13 of 18.1.1969, p. 19.
with an address for service in Luxembourg at 7Ð11
Route d'Esch.
The appellant claims that the Court should:
Ð annul the judgment delivered on 22 January 1998 by               Appeal brought on 20 March 1998 by Ajinomoto Co. Inc.
    the Court of First Instance in Case T-98/96 Costacurta         against the judgment delivered on 18 December 1997 by
    v Commission (1);                                              the Fifth Chamber (Extended Composition) of the Court
                                                                   of First Instance of the European Communities in joined
                                                                   Cases T-159/94 (1) between Ajinomoto Co. Inc. and the
Ð annul the appointing authority's decision of 31 May
    1996 reassigning the appellant to the Office for               Council of the European Union, supported by the
    Official Publications of the European Communities;             Commission of the European Communities, and T-160/
                                                                   94 (2) between The NutraSweet Company and the Council
                                                                   of the European Union, supported by the Commission of
Ð order the Commission to pay the costs of proceedings                              the European Communities
    before both the Court of Justice and the Court of First
                                                                                          (Case C-76/98 P)
    Instance;
                                                                                            (98/C 166/08)
Ð reserve to the appellant all other rights and
    entitlements, including the right to put forward pleas
    in law or bring proceedings, particularly regarding            An appeal against the judgment delivered on 18 December
    compensation for damage.                                       1997 by the Fifth Chamber (Extended Composition) of
                                                                   the Court of First Instance of the European Communities
                                                                   in joined Cases T-159/94 between Ajinomoto Co. Inc. and
Pleas in law and main arguments:                                   the Council of the European Union, supported by the
                                                                   Commission of the European Communities, and T-160/94
Ð Lack of competence on the part of the appointing                 between The NutraSweet Company and the Council of the
    authority, infringement of Articles 2 and 4 of the Staff       European Union, supported by the Commission of the
    Regulations and of Article 5(4) of Decision 69/13/             European Communities, was brought before the Court of
    Euratom/EEC setting up the Office for Official                 Justice of the European Communities on 20 March 1998
    Publications of the European Communities (2): the              by Ajinomoto Co. Inc., of 15-1, Kyobashi itchome, Chuo-
    Court of First Instance erred in dismissing as irrelevant      ku, Tokyo 104, Japan, represented by Mario Siragusa, of
    the plea in law alleging infringement of Article 4 of          the Rome Bar, Till Müller-Ibold, of the Frankfurt Bar, and
    the Staff Regulations. Since the appointing authoritiy         Victoria Donaldson, Solicitor of the Supreme Court of
    which adopted the contested decision was in no way a           England and Wales, instructed by Cleary, Gottlieb, Steen
    budgetary authority and since it was not empowered             & Hamilton, Brussels, with an address for service in
    to amend the lists of authorised posts, it could not           Luxembourg at the Chambers of Marc Loesch, 11, Rue
    assign the appellant to the Official Publications Office       Goethe.
    together with his post;
                                                                   The Appellant claims that the Court should:
Ð Infringement of Article 6 of the Staff Regulations,
    infringement of the Council regulation on the budget
    of the European Communities: the Court of First                Ð quash the judgment of the Court of First Instance in
    Instance was wrong to state in paragraph 34 of the                 joined Cases T-159/94 and T-160/94 and annul
    judgment under appeal that, as a matter of law, as the            Council Regulation (EEC) No 1391/91 (3) of 27 May
    Commission has pointed out, the posts with the Office              1991 in so far as it applies to the Appellant;