CELEX: C1999/086/53
Language: en
Date: 1999-03-27 00:00:00
Title: Action brought on 21 January 1999 by Løgstør Rør A/S against the European Commission (Case T-23/99)

27.3.1999              EN                   Official Journal of the European Communities                                    C 86/31
Action brought on 21 January 1999 by Lùgstùr Rùr A/S                   Action brought on 21 January 1999 by Claudio d'Aloya
               against the European Commission                                   against Council of the European Union.
                         (Case T-23/99)                                                        (Case T-24/99)
                         (1999/C 86/53)                                                       (1999/C 86/54)
                                                                                      (Language of the case: Italian)
                 (Language of the case: English)
                                                                       An action against the Council of the European Union was
An action against the European Commission was brought                  brought before the Court of First Instance of the European
before the Court of First Instance of the European                     Communities on 21 January 1999 by Claudio d'Aloya,
Communities on 21 January 1999 by Lùgstùr Rùr A/S,                     represented by Wilma Viscardini DonaÁ, assisted by Dr
represented by Denis Waelbroeck, of Liedekerke SimeÂon                 Gabriele DonaÁ, both of the Padua Bar, with an address for
Wessing Houthoff, and by Henrik Peyts, of Kromann &                    service in Luxembourg at the Chambers of Ernest Arendt,
Münter, with an address for service in Luxembourg at the               Rue Mathias Hardt.
Chambers of Arendt and Medernach, 8Ð10 Rue Mathias
Hardt.
                                                                       The applicant claims that the Court of First Instance
                                                                       should:
The applicant claims that the Court should:
                                                                       Ð Annul the decision notified by memorandum of
                                                                           26 March 1998 rejecting Mr d'Aloya's candidature for
                                                                           the post of Director (A2), in the Council Legal Service,
Ð annul the decision of the Commission of 21 October
                                                                           referred to in Staff Notice 2/98' of 5 January 1998;
     1998 in Case IV/35.691 (District Heating Pipes) in so
     far as it is addressed to it;
                                                                       Ð Annul the decision brought to the notice of the staff of
                                                                           the General Secretariat of the Council by Notice
Ð alternatively reduce substantially the fine imposed on                   No 137/98 of 2 November 1998, by which Ricardo
     it;                                                                   Gosalbo Bono was appointed, with effect from
                                                                           12 October 1998, as Director in the Council Legal
                                                                           Service;
Ð order the Commission to pay the costs.
                                                                       Ð Order the Council to pay whatever the Court
                                                                           considers just in respect of the non-material damage
                                                                           suffered by the applicant;
Pleas in law and main arguments adduced in support:
                                                                       Ð Order the Council to pay the costs.
The present action is brought against the decision of the
European Commission of 21 October 1998, as amended
by a decision of 6 November 1998, relating to a                        Pleas in law and main arguments adduced in support:
proceeding under Article 85 of the EC Treaty (1). The
contested decision finds that the applicant has committed
infringements of Article 85 of the EC Treaty and imposes
a fine of ECU 8 900 000.                                               The applicant objects to the rejection of his application
                                                                       for the post of Director in the Council's Legal Service.
The pleas in law and main arguments are similar to those               In support of his claims, the applicant alleges:
raised in Cases T-9/99, T-15/99, T-16/99 and T-17/99.
(1) See Cases T-9/99, T-15/99, T-16/99, T-17/99 and T-21/99.           Ð non-observance of the legal basis of the vacancy notice
                                                                           (No 2/98) for the vacant post: it was established that
                                                                           the recruitment procedure was to be based on
                                                                           Article 29(1)(a) of the Staff Regulations but the
                                                                           procedure resulted in the appointment of a candidate