CELEX: C1997/228/30
Language: en
Date: 1997-07-26 00:00:00
Title: JUDGMENT OF THE COURT OF FIRST INSTANCE of 12 June 1997 in Case T-104/96: Ludwig Krämer v. Commission of the European Communities (Officials - Determination of the level of a post - Manifest error of assessment - Error of law - Misuse of powers - Article 7 of the Staff Regulations)

No C 228/14           EN                   Official Journal of the European Communities                                 26 . 7. 97
The applicant claims that the Court should:                                Portuguese Republic failed to fulfil its obligations
                                                                           under those provisions,
— declare that, by failing to adopt within the prescribed
     period the laws, regulations or administrative
     provisions necessary to comply with Council Directive            — order the Portuguese Republic to pay the costs .
     91 /676/EEC of 12 December 1991 concerning the
     protection of waters against pollution caused by                 Pleas in law and main arguments adduced in support:
     nitrates from agricultural sources ('), and, in
     particular, by not having designated vulnerable zones
     as provided for in Article 3 ( 2 ) thereof, or establishing      The mandatory nature of the provisions of the third
     or submitting a code or codes of good agricultural               paragraph of Article 189 of the EC Treaty requires
     practice as provided for in Article 4 thereof, the               Member States to adopt the measures necessary to
     Portuguese Republic has failed to fulfil its obligations         transpose directives addressed to them into their domestic
     under the third paragraph of Article 189 of the EC               law before the expiry of the period prescribed for doing
     Treaty and Article 3 ( 2 ), Article 4 and Article 12 of          so. That period expired on 19 December 1993 without
     Directive 91 /676/EEC,                                           Portugal having brought into force the necessary
                                                                      provisions.
— declare, in the alternative, that, by failing forthwith
     to inform the Commission of such measures, the                   (') OJ No L 375 , 31 . 12 . 1991 , p . 1 .
                                                     COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                               JUDGMENT OF THE COURT OF FIRST INSTANCE
                        (First Chamber)                                                        of 12 June 1997
                        of 12 June 1997                               in Case T-104/96: Ludwig Kramer v. Commission of the
in Case T-237/95 : Fernando Carbajo Ferrero v. European                                 European Communities ( J )
                         Parliament Í 1 )                             (Officials — Determination of the level of a post —
                                                                      Manifest error of assessment — Error of law — Misuse of
(Officials — Internal competition — Appointment to a
                   post as Head of Division)                                  powers — Article 7 of the Staff Regulations)
                         ( 97/C 228/29 )                                                         ( 97/C 228/30 )
                (Language of the case: French)                                       (Language of the case: French)
In Case T-237/95 : Fernando Carbajo Ferrero, an official              In Case T-104/96 : Ludwig Kramer, an official of the
of the European Parliament, residing in Madrid,                       Commission of the European Communities, residing
represented by Georges Vandersanden and Laure Levi ,                  in Tervuren ( Belgium ), represented by Georges
both of the Brussels bar, with an address for service in              Vandersanden, of the Brussels Bar, with an address for
Luxembourg at the Chambers of Fiduciaire Myson Sari ,                 service in Luxembourg at the offices of Fiduciaire Myson
30 Rue de Cessange, against the European Parliament                   Sari, 30 Rue de Cessange, against Commission of the
( Agents: Norbert Lorenz and Alex Bonn) — application                 European Communities (Agents: Julian Currall and Denis
for the annulment of, first, the decision of the European             Waelbroeck ) — application for annulment of the Notice of
Parliament to appoint Mr X to the post of Head of                     Vacancy for the post of Head of Unit XI.B. 3 , classified at
Division of the European Parliament's office in Madrid                Grade A 5/A 4 ( COM/111/95 ), and consequently
following Internal Competition No A/88 and, secondly, its             annulment of the appointment of Mr K. to that post —
decision not to appoint the applicant to that post — the              the Court of First Instance ( Fourth Chamber ), composed
Court of First Instance ( First Chamber), composed of A.              of: K. Lenaerts, President, P. Lindh and J. D. Cooke,
Saggio, President, V. Tiili and R. M. Moura Ramos,                    Judges; A. Mair, Administrator, for the Registrar, has
Judges; J. Palacio Gonzalez, Administrator, for the                   given a judgment on 12 June 1997, the operative part of
Registrar, has given a judgment on 12 June 1997 in which              which is as follows :
it :
                                                                      1 . The application is dismissed.
1 . dismisses the application;
2 . orders each party to bear its own costs.                          2 . The parties shall bear their own costs.
(') OJ No C 46, 17. 2 . 1996 .                                        H OJ No C 247, 24 . 8 . 1996 .