CELEX: C1996/354/58
Language: en
Date: 1996-11-23 00:00:00
Title: Action brought on 16 September 1996 by 'Y' against the European Parliament (Case T-144/96)

23 . 11 . 96             KN                  Official Journal of the European Communities                                 No C 354/29
      — The Commission did not submit a proposal for a                  The applicant claims that the Court should :
          generic list to the Council before the entry into force
          of Regulation ( EEC ) No 2081 /92 .                           — annul the disciplinary decision removing the applicant
                                                                            from his post, adopted by the defendant on 19 January
      — Failure to make public the product specification for                1996 ,
          feta .
      — Failure to make public the list of approved                     — annul the express decision of 1 7 June 1 996 by which the
          supervisory bodies .                                              defendant rejected the applicant's complaint of 5 March
                                                                             1996 ,
      — In determining whether feta should be registered, the
          Commission failed to follow sound administrative              — order the European Parliament to pay the costs .
          practice .
3 . Feta does not meet the conditions for registration                  Pleas in law and main arguments adduced in support:
      pursuant to Regulation ( EEC ) No 2081 /92 and the
      registration of feta therefore infringes rules of law             The applicant alleges, first, breach of the obligation to state
      relating to the application of the Treaty within the              the reasons on which a decision is based . He states that the
      meaning of the second paragraph of Article 173 of the             contested disciplinary decision is based on a finding against
      Treaty:                                                           him in criminal proceedings before the Tribunal de Premiere
                                                                        Instance ( Court of First Instance ), Brussels, but fails to take
      — Feta is a generic description .                                 account of the mitigating circumstances accepted by that
                                                                        court at two successive stages in the criminal proceedings .
      — The designation feta does not fulfil the conditions             The applicant considers that the disciplinary authority
          for registration as an indirect designation of origin         thereby failed in its obligation to give reasons , by virtue of
          under Article 2 ( 3 ) of Regulation ( EEC )                   which it was required to examine all relevant information
          No 2081 /92 .
                                                                        before adopting the major penalty of removal of the
                                                                        applicant from his post, and committed a manifest error of
4 . The registration of feta infringes fundamental principles           assessment .
      of EC law and thus the Treaty, including Article 6 and
      Article 40 ( 3 ), and the principle of the protection of          The applicant also alleges breach of the duty to have regard
      legitimate expectations for the purposes of the second            for the welfare of officials . He criticizes the disciplinary
      paragraph of Article 173 of the Treaty:                           authority for not taking account of his state of health, even
      — The registration of feta as a protected designation of          though the criminal court considered that it warranted a
          origin for the benefit of Greek producers represents          shorter period of imprisonment, suspended subject only to
          discrimination against the applicants in breach of            the condition that his health be monitored by a doctor. For
          Article 6 and Article 40 ( 3 ) of the Treaty.                 the applicant, reasonable discharge of the duty to have
                                                                        regard for the welfare of officials justified a minor
      — The registration of feta in Regulation ( EC )                   disciplinary sanction rather than the major sanction of
          No 1107/96 breaches the principle of the protection           removal from his post.
          of legitimate expectations .
                                                                        Finally, the applicant contends that the disciplinary decision
C ) OJ No L 148 , 21 . 6 . 1996 , p . 1 .                               undermined his right to a fair hearing since, in its preamble ,
( 2 ) OJ No L 208 , 24 . 7 . 1992 , p . 1 .                             it refers to his ' subsequent attitude' regarding the matters
                                                                        criticized, but gives no specific information relating to such
                                                                        matters .
Action brought on 16 September 1996 by 'Y' against the
                        European Parliament
                           ( Case T-144/96 )                            Action brought on 19 September 1996 by Maria Gra^a de
                                                                        Abreu against the Court of Justice of the European
                             ( 96/C 354/58 )                                                       Communities
                                                                                                ( Case T-146/96 )
                 (Language of the case: French)                                                    96/C 354/59 )
An action against the European Parliament was brought                                   (Language of the case: French)
 before the Court of First Instance of the European
Communities on 16 September 1996 by 'Y', represented by
Gerard Colin , of the Brussels Bar, with an address for service          An action against the Court of Justice of the European
in Luxembourg at the offices of Fiduciaire Myson Sari ,                  Communities was brought before the Court of First
 30 Rue de Cessange .                                                    Instance of the European Communities on 19 September