CELEX: C1995/208/67
Language: en
Date: 1995-08-12 00:00:00
Title: Action brought on 12 May 1995 by Alfred Hauer against the Council of the European Union and the Commission of the European Communities (Case T-119/95)

No C 208/32           EN                   Official Journal of the European Communities                                    12 . 8 . 95
been successful; shortly afterwards he learned that an                The applicant claims that the Court should :
external candidate had been appointed to that post. He
therefore lodged a complaint against the decision rejecting           — annul Regulation ( EC ) No 816/92, inasmuch as it does
his candidature, which formed the subject of a decision                   not provide for any award of compensation in respect of
expressly rejecting it.                                                   the suspended proportion of the reference quantity, and ,
                                                                          in addition, award the applicant damages ,
The applicant alleges, first, infringement of Article 25 of the
Staff Regulations of officials of the European Communities,           — order the defendants to pay the costs .
claiming that the decision rejecting his candidature
contained no statement of reasons . Alternatively, he claims          Pleas in law and main arguments adduced in support:
that the reasoning set out in the decision rejecting his              In the present proceedings, the applicant is applying for the
complaint is incorrect, since of the two candidates the one           annulment of Regulation ( EC ) No 816/92, inasmuch as that
selected was not the one who possessed the qualifications             Regulation provides for the reduction of reference
and abilities necessary for performing the duties of that             quantities, without compensation, in the interests of the
post.                                                                 European milk market; he also claims damages pursuant to
                                                                      Article 178 and the second paragraph of Article 215 of the
Furthermore, the applicant points out that he was the only            EC Treaty for the loss suffered by him as a result of the
internal candidate for the post concerned and that the                application of the aforesaid Regulation .
appointing authority should , consequently, have
interviewed him to ascertain, in the light of his                     By virtue of the 24th Order amending the Milch­
qualifications, knowledge , abilities and experience, whether         Garantiemengen-Verordnung ( Milk Guarantee Quantities
he met the conditions required to fill the post. Since such an        Order ), which transposes Regulation ( EC ) No 816/92 into
interview never took place, he considers that his candidature         German law, a partial quantity, constituting 4,74 % of the
was not validly assessed under Article 29 ( 1 ) of the Staff          previous reference quantity, was 'suspended ' with effect
Regulations and that that procedure was not correctly                 from 1 April 1 992 . By contrast with the situation previously
followed with regard to him .                                         prevailing, compensation is now no longer paid . That
                                                                      legislation has the effect of an expropriation measure and is
The applicant also considers that the decision taken by the           incompatible with the basic right to property .
appointing authority not to fill the post at issue using any of
the procedures in Article 29 ( 1 ) of the Staff Regulations, but      Although the Milch-Garantiemengen-Verordnung, which
to follow the exceptional procedure laid down in                      completes Regulation ( EC ) No 816/92, makes provision for
Article 29 (2 ) of the Staff Regulations instead , infringed the      the suspension of quantities, and thus for their withdrawal,
latter provision and also Article 45 of the Staff                     it contains no rules regarding compensation . The same
Regulations .                                                         applies as regards the contested Regulation ( EC ) No 816/92 .
                                                                      Consequently, those provisions infringe Article 14 ( 3 ) of the
Lastly, the applicant claims that even before declaring the           Grundgesetz ( German Basic Law); thus they also
post vacant, the Commission had decided to appoint a                  contravene, by virtue of the foregoing, the right to property
certain person to it. The defendant had therefore committed           enshrined in the legal order of the European Communities,
an abuse of procedure and a misuse of powers; on the same             which is safeguarded in accordance with the constitutional
account it had failed to comply with Articles 7 and 27 of the         conceptions common to the Member States .
Staff Regulations, in so far as those provisions establish the
principle of the prohibition of discrimination in the general         The reduction of the reference quantity without any
rules of the Community civil service and in particular in the         corresponding indemnification or compensation is illegal,
rules governing recruitment procedure .                               since it contravenes the right to property and the principle of
                                                                      the protection of legitimate expectations, and is therefore
                                                                      null and void . Because the applicant has been unable, since
                                                                      the definitive suspension on 29 June 1992 of 4,74 % of his
                                                                      previous reference quantity, to supply 11 612 kg of milk
                                                                      included within that quantity, despite having purchased
Action brought on 12 May 1995 by Alfred Hauer against                 reference quantities of that volume for supply at the then
the Council of the European Union and the Commission of               price of DM 1,60/kg, he has suffered a corresponding loss
                  the European Communities                            for which he should be compensated .
                        ( Case T-119/95 )
                          ( 95/C 208/67 )
               (Language of the case: German)
                                                                      Action brought on 24 May 1995 by Daniel Chabert against
                                                                            the Commission of the European Communities
An action against the Council of the European Union and
the Commission of the European Communities was brought                                       ( Case T-122/95 )
 before the Court of First Instance of the European                                             95/C 208/68 )
 Communities on 12 May 19 95 by Alfred Hauer, of
Niederweiler ( Federal Republic of Germany), represented                              (Language of the case: French)
 by Matthias H. Francois, Rechtsanwalt, Bitburg, with an
 address for service in Luxembourg at the Chambers of                 An action against the Commission of the European
 Annie k Wurth .                                                       Communities was brought before the Court of First