CELEX: C1995/229/49
Language: en
Date: 1995-09-02 00:00:00
Title: Action brought on 20 June 1995 by International Express Carriers Conference (IECC) against the Commission of the European Communities (Case T-133/95)

No C 229/22             EN                 Official Journal of the European Communities                                       2 . 9 . 95
The applicant maintains that the defendant has committed              On 23 November 1994 , the applicant, pursuant to Article
several manifest errors of assessment of the law and of his           175 , called on the Commission to act by adopting a
personal situation, by regarding him as not entitled to               definitive position on the complaint in so far as concerned
regrading in a different career bracket despite having                Article 85 .
allowed another official to change to a different career
bracket. Moreover, he considers that insufficient reasons
were given for the contested decision, in particular as               On 15 February 1995 , not having received any decision
regards the reasons for the non-application of the principles         from the Commission, the applicant, pursuant to Article
laid down by the judgment of the Court of First Instance of           175 , lodged with the Court of First Instance an application
29 September 1993 . Lastly, the applicant states that, by             against the Commission for failure to act ( Case T-28/95 ).
reason of the administrative practice followed by the                 On 17 February 1995 the Commission adopted Decision
defendant in relation to him, it has prejudiced his interests,        SG/95 ) D/1790, rejecting the complaint as regards Article 85
particularly as regards the development of his career and of          of the EC Treaty . The applicant challenged that decision by
his pension rights .                                                  application lodged with the Court of First Instance pursuant
                                                                      to Article 173 ( Case T-l 10/95 ). Finally, on 6 April 1995 , the
                                                                      Commission adopted Decision SG(95 ) D/4438 , rejecting the
                                                                      second part of the aforementioned complaint of abuse of a
                                                                      dominant position within the meaning of Article 86 by the
                                                                      interception of mail on the basis of Article 25 of the UPU
                                                                      Convention . The latter is the decision contested in the
Action brought on 20 June 1995 by International Express
Carriers Conference (IECC ) against the Commission of the             present case .
                     European Communities
                          Case T-133 /95 )                            The applicant submits that the contested decision should be
                           ( 95/C 229/49 )                            annulled for the following reasons :
                 (Language of the case: English)                      — Breach of Article 190 of the Treaty in that the
                                                                          Commission fails to state reasons in its decision
An action against the Commission of the European                          regarding the interception of 'ABC remail' and the
Communities was brought before the Court of First                         application of Article 85 to the market allocation scheme
Instance of the European Communities on 20 June 1995 by                   implemented on the basis of Article 25 of the UPU
International Express Carriers Conference ( IECC ),                       Convention .
represented by Eric Morgan de Rivery and Jacques Derenne,
with an address for service in Luxembourg at the Chambers
of Alex Schmitt, Bonn & Schmitt, 62 Avenue Guillaume,                 — Breach of Article 3(2 ) of Regulation No 17/62 in so far as
L-1650 .                                                                  the Commission incorrectly considered that the
                                                                          applicant's members had no legitimate interest as
The applicant claims that the Court should:                               regards 'non-physical' remail .
— annul Commission Decision No SG(95)D/4438 of
                                                                      — Breach of EC competition rules in that the Commission
       6 April 1995 ( Case No IV/32.791 — Remail ),
                                                                           failed to condemn ( i ) the interception and the agreement
— order such further or other relief as the Court considers               to intercept commercial 'physical ABA remail' by the
                                                                           post offices, ( ii) the post offices' efforts to restrict
       appropriate in order for the Commission to comply with
       Article 176 of the EC Treaty,
                                                                           development of 'ABC remail' by relying on the authority
                                                                           or purported authority of Article 25 of the UPU
 — order the Commission to pay the costs .                                 Convention, and ( iii ) the post offices' use of the UPU
                                                                           Convention to restrict 'non-physical remail'.
 Pleas in law and main arguments adduced in support:
                                                                       — Misuse of powers in that the Commission's main
 The applicant, a professional organization composed of                    purpose in rejecting the complaint was in fact to achieve
 certain important private express companies, filed with the               political objectives .
 Commission, on 13 July 1988 , a complaint under Article 3
 ( 2 ) of Regulation No 17/62 concerning the infringement ( i )
 of Article 85 (1 ) of the EC Treaty by certain European public        — Breach of certain principles of Community law in
 postal operators, and ( ii ) of Article 86 of the EC Treaty by            that, in adopting the decision, the Commission
 two post offices which relied upon a market allocation                    violated the principles of legal certainty and of the
 scheme set out in the Universal Postal Convention ( UPU                   protection of legitimate expectations, the principle of
 Convention ). The behaviour in question of the post offices               non-discrimination and the principle of sound
 named in the complaint was directed towards suppressing                   administration .
 or restraining 'remail' competition, a practice whereby a
 mailer prepares international mail in one country but posts
 the mail not with the post office of that country but with a
 post office located in another country .