CELEX: C1997/318/63
Language: en
Date: 1997-10-18 00:00:00
Title: Action brought on 11 August 1997 by Giovanni Ouzounoff Popoff against the Commission of the European Communities (Case T-236/97)

18 . 10 . 97             EN                   Official Journal of the European Communities                                     C 318/33
Instance of the European Communities on 6 August 1997                    The applicant claims that the Court should :
by Franco Campoli, residing in Brussels, represented by
Sergio Diana , of the Cagliari Bar.
                                                                         1.    annul the Commission 's decision not to increase the
                                                                               amount in Danish krone transferred to the applicant's
                                                                               building loan savings account;
The applicant claims that the Court should :
                                                                         2. order the Commission to pay :
— annul        the     Commission 's     decision   rejecting  the
       applicant's application to be classified in Grade A 7 at                — Ecu 3 per day as from 28 August 1996 by way of
       the time of taking up his duties,                                           compensation for the non-material damage it has
                                                                                   caused to the applicant,
       order the Commission to pay the costs .                                     and
                                                                               — the costs of these proceedings .
Pleas in law and main arguments adduced in support:
                                                                         Pleas in law and main arguments adduced in support:
The pleas in law and main arguments are similar to those
in Case T-16/97 Chauvin v. Commission (').                               The application seeks the annulment of the Commission's
                                                                         decision rejecting the applicant's request to increase by
                                                                         Danish Krone 15 000 per month the amount transferred
                                                                         to a building loan savings account opened under his name .
The applicant maintains that the judgment in Case T-17/
95 Alexopoulou v. Commission ( 2 ) and the Commission
decision published in March 1996 constitute new facts,                   The applicant states in this regard that he has made the
and also indications of the will of the administration to                application as a result of the judgment of the Court of
reapply a provision of the Staff Regulations ( Article 31 ( 2 ))         First Instance of the European Communities of 1 1 June
which was unlawfully disapplied. The applicant argues in                 1996 which held his application inadmissible in Case
that respect that, in correcting the unlawfulness of its                 T- 11 1 /94 (') after finding that the administrative
earlier conduct as impugned in the case cited above,                     procedure had been exhausted in the absence of an act
the Commission should give Article 31 ( 2 ) of the Staff                 adversely affecting him and of a request that a decision
Regulations an application not limited in time to the date               relating to him be taken .
of the judgment in that case .
                                                                         The pleas in law and main arguments are essentially the
(') OJ C 74 , 8 . 3 . 1997, p . 27.                                      same as those in the applications in Cases T- 11 0/94 ( 2 )
( 2 ) 119951 ECR-SC 11-683 .                                             and T-l 11 /94 ( 3 ), basically alleging an error of assessment
                                                                         of the conditions required by the applicable legislation in
                                                                         order to be entitled to an increase in the amount of the
                                                                         transfer referred to herein, as well as disregard for the
                                                                         obligation to provide reasons.
                                                                         (') ECR-SC 11-819 .
Action brought on 11 August 1997 by Giovanni                             ( 2 ) OJ C 120, 30 . 4 . 1994, p . 27.
        Ouzounoff Popoff against the Commission of the                   n OJ C 120, 30 . 4 . 1994, p . 28 .
                       European Communities
                           ( Case T-236/97 )
                             ( 97/C 318/63 )
                                                                         Action brought on 14 August 1997 by Comunidad
                  (Language of the case: Spanish)                               Autonoma de Cantabria against the Council of the
                                                                                                    European Union
                                                                                                     Case T-238/97 )
An action against the Commission of the European
 Communities was brought before the Court of First                                                    ( 97/C 318/64 )
Instance of the European Communities on 11 August
 1997 by Giovanni Ouzounoff Popoff, residing at Brussels,                                 (Language of the case: Spanish)
represented by Antonio Creus Carreras and Alex
 Subirachs Amigo, both of the Barcelona Bar, with an
 address for service at 78 Avenue d'Audeghem, 1040                        An action against the Council of the European Union
 Brussels .                                                              was brought before the Court of First Instance of