CELEX: C1995/299/31
Language: en
Date: 1995-11-11 00:00:00
Title: Action brought on 22 September 1995 by Tidningen Journalisten, Svenska Journalistförbundets Tidning, against the Council of the European Union (Case T-174/95)

No C 299/ 1 8           EN                  Official Journal of the European Communities                                   11 . 11 . 95
 Borlandi , of the Genoa Bar, with an address for service in            linguistic knowledge was based on his poor knowledge of a
 Luxembourg at the office of Marisa Ruggeri Montanelli ,                second foreign language . That , however, constituted a
 6 Rue de l'Fxole , Nospelt .                                           manifest breach by the Selection Board of the spirit of the
                                                                        notice of competition . Although knowledge of a second
                                                                        foreign language could be taken into consideration and thus
 The applicant claims that the Court should :
                                                                        confer higher marks , the absence of such knowledge could
                                                                        not in any way justify a mark less than 50% of the
 — annul at least the oral test of Internal Competition No              maximum , since that knowledge was not a requirement for
      CJ 51 /93 ' administrative assistants '1 for the constitution     admission .
      of a reserve list of administrative assistants ( m/fi of
      Grade B 5 / B 4 ,
 — annul the consequent decisions of the appointing
      authority concerning the reserve list drawn up by the
      Selection Board ,
— annul the decision of the Complaints Committee ,                     Action brought on 22 September 1995 by Tidningen
      communicated to the applicant on 21 June 1995 ,                  Journalisten, Svenska Journalistforbundets Tidning, against
      rejecting his complaint lodged on 14 March 1995 ( Cont .                       the Council of the European Union
      5 / 95 R ),                                                                               ( Case T- 174 /95 )
                                                                                                  ( 95 /C 299/31 )
— order the Court of Justice to pay the costs .
                                                                                       (Language of the ease : English)
 Picas in law and main arguments adduced in support:
The applicant bases his action on the irregularities which             An action against the Council of the European Union was
vitiated the oral test in which he took part .                         brought before the Court of Eirst Instance of the European
                                                                       Communities on 22 September 1995 by Tidningen
According to the notice of competition , that oral test was to         Journalisten , Svenska Journalistforbundets Tidning,
consist of a discussion with the Selection Board to enable it          represented by Onno W. Brouwer and Frederic P. Louis
to assess : ( a ) the knowledge and professional experience of         with an address for service in Luxembourg at the Chambers
candidates and the level of their linguistic knowledge ; and           of Me Marc Loesch , 1 1 , rue Goethe .
( b ) the attitude and motivation of candidates and their
fitness for the duties to be performed . It follows                     I he applicant claims that the Court should :
unequivocally from that statement that the test must
constitute a genuine dialogue between the candidate and the
members of the Selection Board , and must be conducted in              — annul the Council 's decision of 6 July 1995 , refusing to
the first language chosen by the candidate, except of course                grant access to the documents requested by the
in so far as the examination of linguistic knowledge is                     applicant,
concerned .
                                                                       — order the Council to pay the applicant's costs pursuant
At the applicant's oral test, the members of the Selection                  to Article 87 of the Rules of Procedure of the Court of
Board read the questions they put, thereby demonstrating                    First Instance , including the costs of any interveners .
that they were unable either to put the questions
spontaneously or, through not having prepared them in
advance, to add new questions or ask for clarification of the          Pleas in law and main arguments adduced in support:
replies given by the candidate . In those circumstances , the
applicant has reason to doubt the fitness of the members of            The applicant, the weekly , non-profit-making magazine of
the Selection Board to conduct the oral test in Italian and to         the Swedish Union of Journalists , seeks the annulment of a
conclude that assessments made and marks awarded bv the                refusal by the Council of the European Union to grant access
Selection Board might well have been affected by linguistic            to certain documents which were requested in the context of
considerations . In any event, they were made in a context of          Council Decision 93 /731 /EC of 20 December 1993 on
disparity between candidates , some of whom spoke in                   public access to Council documents .
languages which the members of the Selection Board knew
perfectly , thereby enabling a genuine dialogue to take place ,        The applicant explains that , on 6 July 1995 , the Council
as had been precluded from happening in the applicant 's               refused to grant it access to 16 out of the 20 documents
case .
                                                                       relating to Europol which had been requested by it, stating
                                                                       that the divulgation of such documents would damage the
As for the assessment of his linguistic knowledge, and in              public interest, and specifically public security, and that
particular his knowledge of official languages of the                  those documents relate to the Council 's proceeding,
European Union other than Italian , the applicant maintains            including the positions taken by members of the Council ,
that, judging by the reply to his complaint by the                     and fell therefore within the scope of the duty of
Complaints Committee , the insufficient mark given for                 confidentiality .
 ---pagebreak--- 11 . 11 . 95          EN                   Official Journal of the European Communities                                No C 299/ 19
The applicant submits that the Council 's refusal violates the               Removal from the register of Case T- 112/92 ( ] )
fundamental rights of access to the European Union                                                  ( 95 /C 299/33 )
Institutions ' documents, as well as the principle of
protection of legitimate expectations and Articles 4(1 ) and                          (Language of the case: English )
4 ( 2 ) of Council Decision 93/73 1 /EC inasmuch as it
wrongfully applies the criteria for refusal laid down in said         By order of 11 July 1995 the President of the Fourth
provisions . It considers furthermore that the Council 's             Chamber of the Court of First Instance of the European
refusal should be annulled on the ground of its failure to            Communities ordered the removal from the register of Case
state reasons for the refusal .
                                                                      T- 1 1 2/92 : John Cooney v. Commission of the European
                                                                      Comm unities .
                                                                      (') Q | No C : 34 , 6 . 2 . 1 993 .
 JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 28 September 1995                                     Removal from the register of Case T-425/93 (')
in Case T-95 /94 : Chambre Syndicale Nationale des                                                  ( 95 /C 299/34 )
Entreprises de Transport de Fonds et Valeurs ( Sytraval ) and
Brink's France SARL v. Commission of the European                                     (Language of the case: English )
                       Communities ( ' )
(State aid — Complaint by a competitor — Failure to initiate          By order of 9 August 1995 the President of the First
the investigation procedure — Right to a fair hearing —               Chamber ( extended composition ) of the Court of First
                    Action for annulment)                             Instance of the European Communities ordered the removal
                          ( 95 /C 299/32 )                            from the register of Case T-425/93 : David Wilcox v.
                                                                      Council of the European Union and Commission of the
                                                                      European Communities .
                (Language of the case: French)
                                                                      (') OJ No C : 2.38 , 2 . 9 . 1993 .
In Case T-95/94 : Chambre Syndicale Nationale des
Entreprises de Transport de Fonds et Valeurs ( Sytraval ) and
Brink 's France SARL, represented by Jean-Michel Payre, of
the Paris Bar, with an address for service in Luxembourg
at the Chambers of Aloyse May, 31 Grande-Rue , v.                            Removal from the register of Case T-430/93 ( )
Commission of the European Communities ( agents : Michel                                            ( 95 /C 299/35 )
Nolin and Ben Smulders ), supported by the French Republic
( agents : Catherine de Salins and Jean-Marc Belorgey ) —                              (Language of the case: Erench)
application for the annulment of the Commission decision
of 31 December 1993 rejecting the applicants ' request for a          By order of 11 August 1995 the President of the First
declaration by the Commission that the French Republic                Chamber ( extended composition ) of the Court of First
has infringed Articles 92 and 93 of the Treaty by granting            Instance of the European Communities ordered the removal
aid to Securipost SA — the Court of First Instance                    from the register of Case T-430/93 : Jean Trelhu v. Council
( Fourth Chamber, extended composition ), composed of                 of the European Union and Commission of the European
K. Lenaerts , President, and R. Schintgen , C. P. Briet,              Communities .
R. Garcia-Valdecasas and P. Lindh, Judges; H. Jung,
Registrar, has given a judgment on 28 September 1995 , in             (') OJ No C 54 , 25 . 5 . 1993 .
which it :
 1 . annuls the Commission decision of 31 December 1993
     rejecting the applicants ' request for a declaration by the
     Commission that the French Republic has infringed                                   Removal from the register of
     Articles 92 and 93 of the Treaty by granting aid to                         Joined Cases T-436/93 to T -441 /93 (')
     Securipost;                                                                                     ( 95 /C 299/36 )
2 . orders the Commission to bear its own costs and to pay                             (Language of the case: English)
     the costs of the applicants;
                                                                      By order of 12 July 1995 the President of the Fourth
 3 . orders the Erench Republic to bear its own costs .               Chamber ( extended composition ) of the Court of First
                                                                      Instance of the European Communities ordered the removal
 (') O J No C 103 , 11.4 . 1994 .
                                                                      from the register of Joined Cases T-436/93 to T-441 /93 :
                                                                      British Petroleum Company pic , Barclays Bank pic , Flanson
                                                                      pic , Lucas Industries Public Limited Company , Mars UK
                                                                       Limited , Mars G.B. Limited , Intercontinental Trading