CELEX: C1997/142/48
Language: en
Date: 1997-05-10 00:00:00
Title: Action brought on 4 March 1997 by TAT European Airlines against the Commission of the European Communities (Case T-49/97)

10 . 5 . 97           EN                 Official Journal of the European Communities                                 No C 142/23
Commission's position fails to take account of the binding           concerned the unlawful appointment by the Parliament on
authority of the judgment of 27 February 1992, Articles 18           3 July 1989, with effect from 1 June 1989, and its
and 19 of the Insurance Rules and the principle of good              subsequent re-appointment, of another official to the post
management. Having regard to everything on the file, its             of Language Adviser in the Danish Translation Division,
position also constitutes a misuse of powers. Since                  despite the fact that the applicant fulfilled all the necessary
27 February 1992, the Commission has systematically                  conditions and had been proposed for appointment to the
been acting in disregard of the applicant's rights and               post .
contrary to the Insurance Rules, as it had before that date .
The Commission could not legitimately instruct a new                 The applicant complains that the Parliament failed
expert for the purpose of the decision under Article 19 of           correctly to comply with the judgments delivered by the
the Insurance Regulations . In addition the pre-litigation           Court of First Instance and the Court of Justice, that it
procedure was not adhered to since the Commission made               disregarded the consequences of those judgments, and that
its decision on the complaint without convening the                  it refused to acknowledge the unlawfulness of its conduct,
Interdepartmental Group.                                             in that it persisted in such unlawful acts .
As regards the application for damages, the applicant                The Parliament's conduct has adversely affected the career
contends that the persistently unlawful behaviour of the             progress of the applicant, who is seeking, on a provisional
Commission over 13 years, since the application made on              basis, compensation for the material damage suffered in
24 January 1984, or at the very least over five years, since         the sum of Bfrs 6 000 000, corresponding to the difference
the judgment of 27 February 1992, has had a detrimental              in his salary and related allowances over the period from
effect on his physical and psychological health.                     1 June 1989 until the date of the applicant's retirement.
                                                                     Moreover, the applicant has suffered considerable non­
                                                                     material damage, estimated in the sum of Bfrs 5 000 000,
                                                                     because the Parliament's conduct has seriously affected his
                                                                     health,    in  that   he     has   contracted  three   illnesses
Action brought on 4 March 1997 by Erik Dan Frederiksen               acknowledged by the appointing authority as being serious
                against the European Parliament                      illnesses within the meaning of Article 72 ( 1 ) of the Staff
                         ( Case T-48/97 )                            Regulations .
                           ( 97/C 142/47
                 (Language of the case: French)
An action against the European Parliament was brought                Action brought on 4 March 1997 by TAT European
before the Court of First Instance of the European                   Airlines against the Commission of the European
Communities on 4 March 1997 by Erik Dan Frederiksen,                                            Communities
residing at Howald ( Luxembourg ), represented by Georges                                    ( Case T-49/97)
Vandersanden, of the Brussels Bar, with an address for
service in Luxembourg at the offices of Fiduciaire Myson                                       ( 97/C 142/48 )
Sari, 30 Rue de Cessange .
                                                                                     (Language of the case: French)
The applicant claims that the Court should:
                                                                     An action against the Commission of the European
— award the applicant, on a provisional basis,                       Communities was brought before the Court of First
      compensation for the material damage suffered in the           Instance of the European Communities on 4 March 1997
      estimated sum of Bfrs 6 000 000,                               by TAT European Airlines, established at Tours ( France ),
                                                                     represented by Romano Subiotto, of the Law Society of
                                                                     England and Wales, and Nicholas Levy, of the Bar of
— award the applicant compensation for the non­                      England and Wales, with an address for service in
      material damage suffered, estimated on an equitable            Luxembourg at the Chambers of Elvinger & Hoss, 15
      basis to amount to the sum of Bfrs 5 000 000,                  Cote d'Eich .
— order the European Parliament to pay all the costs.                The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:                  — annul the contested communication pursuant to
                                                                          Article 173 of the Treaty, primarily on account of
The applicant has previously brought a number of actions                  infringement of essential procedural requirements and,
against the European Parliament ( for example, Case                       in the alternative, by reason of manifest errors of
                                                                          assessment,
T-169/89, reported at [ 1991 ] ECR 11-1403 , and Case
T-106/92 , reported at [ 1995] ECR SC 11-99, an abstract of
which appears at [ 1995] ECR-SC I-A-29 ), all of which               — order the Commission to pay the costs .
 ---pagebreak--- No C 142/24          EN                    Official Journal of the European Communities                                   10 . 5 . 97
Pleas in law and main arguments adduced in support:                   The applicant claims that the Court should:
The applicant considers that, by authorizing payment of               ( a ) primarily: order the Community to pay to the
the third tranche of aid to Air France, the Commission                      applicant the sum of Fl 385 583 , together with interest
disregarded Articles 92 ( 3 ) and 93 ( 2 ) and ( 3 ) of the EC              thereon at the rate of 8 % per annum from 19 May
Treaty and undermined the coherence of the procedures                       1992 until the date of payment in full;
for monitoring State aid and anti-competitive practices in
the common market. In the applicant's view, the
                                                                            in the alternative: order the Community to pay the
communication is vitiated by errors of form, of law and of
                                                                            applicant such sum as the Court in its wisdom shall
fact, and should consequently be annulled under
                                                                            think fit, amounting to not less than Fl 172 213
Article 173 of the EC Treaty.
                                                                            ( namely, the amount resulting from the application of
                                                                            Regulation (EEC) No 2187/93 ), together with interest
According to the applicant, the communication is void,                      thereon at the rate of 8% per annum from 19 May
since it infringes essential procedural requirements by                     1992 until the date of the payment in full;
authorizing payment of the third tranche of the aid
without any prior examination of its compatibility with
                                                                      ( b) order the Community to pay the costs .
the common market in accordance with the procedure laid
down in Article 93 ( 2 ) and ( 3 ) of the EC Treaty.
                                                                      Pleas in law and main arguments adduced in support:
In addition, the applicant considers that the
communication is void by reason of infringement of                    The applicant, a SLOM producer, is seeking compensation
essential procedural requirements, since it authorizes                pursuant to Article 178 in conjunction with the second
payment of the third tranche of the aid prior to the                  paragraph of Article 215 of the EC Treaty for the damage
outcome of the proceeding initiated under Regulation                  suffered by him as a result of the fact that, following the
No 17 of the Council implementing Articles 85 and 86 of               expiry of his SLOM undertaking, he has been unable, by
the Treaty as regards the measures taken for the                      reason of the absence of a reference quantity, to resume
renovation of Orly airport by Aeroports de Paris, a                   milk production .
publicly-owned industrial and commercial institution
placed under the authority of the Minister for Civil
Aviation .
Lastly, the applicant considers that the communication is
vitiated by manifest errors of assessment and that it                 Action brought on 6 March 1997 by G. J. Meijer against
infringes Article 92 ( 3 ) (c ) of the EC Treaty, since it holds      the Council of the European Union and the Commission
that the failures established with regard to fulfilment of                              of the European Communities
condition No 16 are minor and do not undermine the
                                                                                                ( Case T-51 /97 )
compatibility of the aid with the common market, and
that the undertakings given by the French authorities are                                         ( 97/C 142/50 )
enough to remedy the distortions of competition caused by
the non-observance of that condition .
                                                                                        (Language of the case: Dutch)
                                                                      An action against the Council of the European Union and
                                                                      the Commission of the European Communities was
                                                                      brought before the Court of First Instance of the European
                                                                      Communities on 6 March 1997 by G. J. Meijer, of
Action brought on 6 March 1997 by H. Buwalda against                  Usquert (Netherlands ), represented by E. H. Pijnacker
the Council of the European Union and the Commission                  Hordijk, of the Amsterdam Bar, and M. T. P. J. van Oers,
               of the European Communities                            of The Hague Bar, with an address for service in
                        ( Case T-50/97 )                              Luxembourg at the Chambers of L. Frieden, 62 Avenue
                                                                      Guillaume .
                          ( 97/C 142/49 )
                                                                      The applicant claims that the Court should:
               (Language of the case: Dutch)
An action against the Council of the European Union and               ( a ) primarily: order the Community to pay to the
the Commission of the European Communities was                              applicant the sum of Fl 139 382, together with interest
brought before the Court of First Instance of the European                  thereon at the rate of 8 % per annum from 19 May
Communities on 6 March 1997 by H. Buwalda , of                              1992 until the date of payment in full;
Franeker (Netherlands ), represented by E. H. Pijnacker
Hordijk, of the Amsterdam Bar, and M. T. P. J. van Oers,                  . in the alternative: order the Community to pay the
of The Hague Bar, with an address for service in                            applicant such sum as the Court in its wisdom shall
Luxembourg at the Chambers of L. Frieden, 62 Avenue                         think fit, amounting to not less than Fl 58 022
Guillaume .                                                                 ( namely, the amount resulting from the application of