CELEX: C1997/131/51
Language: en
Date: 1997-04-26 00:00:00
Title: Action brought on 24 February 1997 by Luc Jacobs against the Commission of the European Communities (Case T-33/97)

26 . 4 . 97            EN                  Official Journal of the European Communities                              No C 131 /21
had 12 years and several days' specific professional                  Action brought on 24 February 1997 by Deborah Gabriel
experience, he should have been classed in Grade A 5 in                  against the Commission of the European Communities
accordance with Article 2, second paragraph, of the                                             ( Case T-32/97)
Commission's decision of 1 September 1983 , in the
appropriate step.                                                                                ( 97/C 131/50 )
                                                                                     (Language of the case: French)
In support of his application he argues, alternatively, that
the decision was unlawful in so far as it states that
                                                                      An action against the Commission of the European
Article 2, first paragraph, thereof applies to members of             Communities was brought before the Court of First
the temporary staff recruited under Article 2 ( a ) of the            Instance of the European Communities on 24 February
Regulations applicable to Other Servants; that it fails to            1997 by Deborah Gabriel, residing in Brussels, represented
fulfil the obligation to state reasons; that it infringes             by Nicolas Lhoest, of the Brussels Bar, with an address for
Article 31 ( 2 ) of the Staff Regulations; and that the               service in Luxembourg at the offices of Fiduciaire Myson
Commission committed a manifest error of assessment.
                                                                      Sari, 30 Rue de Cessange.
                                                                      The applicant claims that the Court should:
                                                                      — annul the Commission's decision of 20 June 1996
                                                                          rejecting the applicant's request that it give
Action brought on 24 February 1997 by Francisco                           consideration to the possible application of
Fernandez Ruiz against the Commission of the European                     Article 31 ( 2 ) of the Staff Regulations,
                           Communities
                         (Case T-31/97)                               — annul, in so far as may be necessary, the decision
                                                                           adopted by the Commission on 22 November 1996
                          ( 97/C 131 /49 )                                expressly rejecting the applicant's complaint,
                (Language of the case: French)                        — order the defendant to pay all the costs.
                                                                      Pleas in law and main arguments adduced in support:
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 24 February                   The pleas in law and main arguments are the same as in
                                                                      Case T-16/97 O.
1997 by Francisco Fernandez Ruiz, residing in Waterloo
( Belgium), represented by Nicolas Lhoest, of the Brussels
Bar, with an address for service in Luxembourg at the                 (') OJ No C 74, 8 . 3 . 1997, p. 27.
offices of Fiduciaire Myson Sari, 30 Rue de Cessange.
The applicant claims that the Court should:
                                                                      Action brought on 24 February 1997 by Luc Jacobs
— annul the Commission's decision of 17 June 1996                        against the Commission of the European Communities
     rejecting the applicant's request that it give
     consideration to the possible application of                                               (Case T-33/97)
     Article 31 (2 ) of the Staff Regulations,                                                     97/C 131/51 )
— annul, in so far as may be necessary, the decision                                  (Language of the case: French)
     adopted by the Commission on 22 November 1996
     expressly rejecting the applicant's complaint,                   An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                                                                      Instance of the European Communities on 24 February
— order the defendant to pay all the costs.                           1997 by Luc Jacobs, residing in Koekelberg ( Belgium ),
                                                                      represented by Nicolas Lhoest, of the Brussels Bar, with an
                                                                      address for service in Luxembourg at the offices of
Pleas in law and main arguments adduced in support:                   Fiduciaire Myson Sari, 30 Rue de Cessange, L-1320 Lux­
                                                                      embourg.
The pleas in law and main arguments are the same as in
Case T-16/97 t 1 ).                                                   The applicant claims that the Court should:
 H OJ No C 74, 8 . 3 . 1997, p . 27.                                  — annul the Commission's decision of 20 June 1996
                                                                           rejecting the applicant's request that it give
                                                                           consideration to the possible application of
                                                                           Article 31 (2 ) of the Staff Regulations,
 ---pagebreak--- No C 131/22          f EN                   Official Journal of the European Communities                                   26 . 4 . 97
— annul, in so far as may be necessary, the decision                   annulment of the decision of the Commission describing
    adopted by the Commission on 22 November 1996                      as State aid the applicant's restructuring and ordering
    expressly rejecting the applicant's complaint,                     cessation of all financial intervention on the part of the
                                                                       Belgian public authorities in favour of the public limited
                                                                       company Forges de Clabecq, as well as recovery of the
— order the defendant to pay all the costs.                            amounts already granted.
Pleas in law and main arguments adduced in support:
                                                                       The applicant claims that there has been a breach of
                                                                       Article 4 of the ECSC Treaty and of the concept of aid
                                                                       contained therein inasmuch as, first, the contested decision
The pleas in law and main arguments are the same as in                 considers 'financial intervention of the Region of
Case T- 16/97 I 1 ).                                                   Wallonia ' and 'measures taken by Belgium' in respect of
                                                                       the applicant to constitute aid without taking account of
(') OJ No C 74, 8 . 3 . 1997, p . 27.                                  the exact identity of the body distributing the alleged aid,
                                                                       namely SWS, a private law company, and, second,
                                                                       inasmuch as the contested decision mistakes the nature
                                                                       and source of the advantages granted, since no State
                                                                       resources whatever are involved. The applicant submits a
                                                                       second plea in annulment alleging incorrect application of
                                                                       the 'private investor in similar circumstances' rule and
                                                                       manifest error of assessment as regards the
Action brought on 25 February 1997 by the public limited               implementation of that concept. By way of a third plea in
company Forges de Clabecq against the Commission of                    law the applicant adduces breach of fundamental
                  the European Communities                             principles, of the rules of sound administration and of the
                                                                       rights of defence .
                          ( Case T-37/97)
                           ( 97/C 131 /52 )
                                                                       In the alternative, the applicant raises an objection of
               (Language of the case: French)                          illegality against Decision 3855/91 /ECSC (' 1991 Aid
                                                                       Code') in the event that — quod non — it should be
                                                                       considered that the projected plan presented characteristics
An action against the Commission of the European                       such as to qualify it as aid . First, the applicant claims a
Communities was brought before the Court of First                      breach of Article 95 ( 2 ) and ( 3 ) of the ECSC Treaty
Instance of the European Communities on 25 February                    inasmuch as a provision such as the aid code, adopted on
1997 by the public limited company Forges de Clabecq,                  the basis of Article 95 ( 1 ) of the ECSC Treaty, entails an
established in Clabecq ( Belgium ), represented by Alain               extensive modification of the powers of the Commission
Zenner, Dominique Jossart, Gerard Leplat and Gilbert                   by authorizing it to lay down by way of a legislative
Demez, receivers appointed by judgment of the Tribunal                 provision    the    conditions  in   which  State  aids      are
de Commerce, Nivelles, on 3 January 1997, and by Pierre­               authorized, by authorizing it to examine the aid requested,
Paul van Gehuchten, of the Brussels Bar, with an address               if necessary by initiating an inter partes procedure to do
for service in Luxembourg at the Chambers of Mr Schiltz,               so, and by authorizing it to ensure the observance and the
2 Rue du Fort Rheinsheim .                                             monitoring of the allocation of such State aid, despite the
                                                                       fact that any change or adaptation of the powers of the
                                                                       Commission fall within the scope of Article 95 ( 2 ) and ( 3 )
                                                                       of the ECSC Treaty. It was therefore wrong not to apply
The applicant claims that the Court should:                            it. Secondly, it claims that Articles 92 and 93 of the ECSC
                                                                       Treaty were infringed inasmuch as Decision 3855/91
                                                                       ECSC involves and covers 'non-specific' aid, in particular
— annul the decision of the Commission of 18 December                  those aspects which concern research and development,
     1996 C43/96 Belgium-Forges de Clabecq,                            environmental protection and, finally, policy on aid to
                                                                       disadvantaged regions despite the fact that such matters
                                                                       go beyond the scope of the ECSC Treaty, since they are
                                                                       covered by provisions of the EC Treaty, without, however,
— make an appropriate order as to costs.                               the Code having its legal basis in the EC Treaty or its
                                                                       provisions being in compliance therewith. Finally the
                                                                       applicant alleges misuse of powers, a manifest error of
Pleas in law and main arguments adduced in support:                     assessment and breach of the principle of equality.
The applicant, an integrated steel undertaking that
produces liquid steel and finished flat products, seeks the