CELEX: C1998/055/54
Language: en
Date: 1998-02-20 00:00:00
Title: Action brought on 2 December 1997 by Mauro Alzetta and Others against the Commission of the European Communities (Case T-298/97)

C 55/26               EN                 Official Journal of the European Communities                                   20.2.98
     also, as the case may be, the subsequent period during         Instance of the European Communities on 2 December
     which his widow receives a widow's pension,                    1997 by Alzetta Mauro, Antonini Maria Luisa, Avon
                                                                    Maria Angela, Avon Pietro, Biasotto Marzio, Bianchin
                                                                    Roberto, Bagatin Venanzio, Bit Leo, Bortolus Giuseppe,
Ð order the defendant to pay the costs.
                                                                    Bortolussi Urbano, Brovedani Francesco, Bot Roberto,
                                                                    Carcione Leone, Casagrande Elio, Cicagna Giuseppe,
Pleas in law and main arguments adduced in support:                 Cogato Luigi, Corradini Franco, Cozzi Aldo, Dal Pos
                                                                    Marinella, De Re Guido, De Zotti Giovanni, Favalessa
                                                                    Enzo, Furlan Giuseppe, Marchese Michelino, Marson
From March 1991 the applicant, who has been in
                                                                    Graziella, Miorini Pierluigi, Picolo Claudio, Pinna Mario,
retirement since 1 November 1996, was a grade A 4
                                                                    Pivetta Giorgio, Pivetta Luciano Stelvio, Pizzolitto Enrico,
official employed as the Head of the large and important
                                                                    Sferruggia Mariano, represented by Antonia Pili, of the
Management Support Unit of the Joint Research Centre at
                                                                    Pordnone Bar, Anselmo Barone and Giancarlo Pezzano, of
Ispra. He claims that, before being transferred to that
                                                                    the Rome Bar, with an address for service in Luxembourg
post, he was told by his then superior that this must and
                                                                    at the Chambers of Louis Schiltz, 2, rue du Fort
would lead to his promotion to grade A 3. However, he
                                                                    Rheinsheim.
was subsequently denied that promotion. The applicant is
now contesting the failure to grant him the promotion
promised to him in 1991, the continuing failure to                  The applicants claim that the Court should:
promote him during the period from 1991 to 1996 and
the fact that he was not promoted in 1996 with
retroactive effect from 1 November 1995. To that end, the           Ð annul Commission Decision C(97) 2735 final of
applicant invokes the prohibition of discrimination and/or               30 July 1997,
the principle of equal treatment, together with the duty
incumbent on the defendant to have regard for the
interests and welfare of officials, since the applicant, like       Ð in the alternative, annul Article 5 of that Decision
the other heads of units within the administration of the                inasmuch as it requires the Member State to recover
Joint Research Centre, was entitled to be employed in an                 the aid (granted as from 1 July 1990), together with
A 3 post. The applicant bases his claim for compensation                 the interest accrued as from the date on which the aid
on the fact that the manner in which the specific                        was paid,
procedure for the promotion of officials to grade A 3 was
held in 1996 was legally open to challenge. Thus, not only          Ð in any event, order the Commission of the European
were the reports concerning the applicant not produced by                Communities to pay the costs.
the due date; in addition, the contemporary reports were
not submitted during the course of the selection
procedure. Had the procedure been correctly followed, the           Pleas in law and main arguments adduced in support:
applicant would have been promoted, with retroactive
effect from 1 November 1995, to an A 3 post becoming
vacant following the retirement of another official. Before         The pleas in law and main arguments are similar to those
himself going into retirement, the applicant would have             relied upon in Case T-288/97 Regione Friuli-Venezia
worked for a whole year in that position. He therefore              Giulia v. Commission (1).
claims that he is entitled to be placed in the position in
which he would have found himself if the defendant had              (1) Not yet published in the Official Journal.
fulfilled its obligations in the correct manner. This means
that he is entitled to receive compensation for the material
damage suffered by him, in the form of payment of the
difference between the remuneration of an A 4 official and
an A 3 official, together with a corresponding adjustment
in respect of pension payments.
                                                                    Action brought on 9 December 1997 by The Bavarian
                                                                    Lager Company Limited against the Commission of the
                                                                                        European Communities
                                                                                            (Case T-309/97)
                                                                                              (98/C 55/55)
Action brought on 2 December 1997 by Mauro Alzetta
and Others against the Commission of the European
                         Communities                                                (Language of the case: English)
                       (Case T-298/97)
                         (98/C 55/54)                               An action against the Commission of the European
                                                                    Communities was brought before the Court of First
                                                                    Instance of the European Communities on 9 December
                (Language of the case: Italian)
                                                                    1997 by the Bavarian Lager Company Limited,
                                                                    represented by Stephen Hornsby, with an address for
An action against the Commission of the European                    service in Luxembourg at the Chambers of AndreÂ Marc,
Communities was brought before the Court of First                   56Ð58 rue Charles Martel.