CELEX: C2000/176/49
Language: en
Date: 2000-06-24 00:00:00
Title: Case T-102/00: Action brought on 25 April 2000 by Vlaams Fonds voor de Sociale Integratie van Personen met een Handicap against Commission of the European Communities

C 176/28              EN                    Official Journal of the European Communities                                   24.6.2000
The applicant claims that the Court should:                            represented by J. Stuyck, of the Brussels Bar, with an address
                                                                       for service in Luxembourg at the Chambers of Arendt &
— annul the two decisions of the Commission of 11 June                 Medernach, 8-10 Rue Mathias Hardt.
    1999 and 2 December 1999 transferring the applicant
    from the ‘Foodstuffs — Legislation and scientific and              The applicant claims that the Court should:
    technical aspects’ unit to the ‘Food production and biotech-
    nology’ unit;                                                      — declare the action admissible and well founded;
— annul the appointment of another official to the ‘Foodstuffs         — annul the Commission Decision of 31 January 2000
    — Legislation and scientific and technical aspects’ unit;               reducing the amount referred to in Decision C (1994)
                                                                            3059 of 25 November 1994 approving the grant of
— order the European Commission to pay compensation for                     assistance through the European Union, European Social
    the material and non-material losses suffered;                          Fund, for an operational programme in Belgium (Flemish
                                                                            Community) under the Community support framework
— order the European Commission to pay the costs.                           covered by Objective No 3;
                                                                       — order the Commission to pay the costs of the proceedings.
Pleas in law and main arguments
The applicant contests, in particular, the decision transferring       Pleas in law and main arguments
him, as deputy head of Unit III.E.1, to Unit III.E.2 within the
Industry Directorate.                                                  The applicant submits that the contested decision is based on
                                                                       an incorrect rejection of the lump-sum and result oriented
In support of his claims, the applicant maintains that:                financing which the applicant followed in compliance with the
                                                                       letter and spirit of the Community rules.
— the Commission has erred in its assessment of his abilities
    and of the situation existing within the unit;                     Moreover, the contested decision ignores the powers of the
                                                                       Member States to specify the method of financing products
— the Commission has infringed the rights of the defence,              within the Community in compliance with the Community
    since the contested decisions constituted, in reality, disci-      objectives.
    plinary measures;
— the appointment of another official to his former post was
    not in the interests of the service;
— insufficient reasons were given for the contested decisions;
— the Commission has misused its powers.                               Action brought on 25 April 2000 by Giovanni Cubeta
                                                                         against the Commission of the European Communities
                                                                                                (Case T-104/00)
                                                                                                (2000/C 176/50)
Action brought on 25 April 2000 by Vlaams Fonds voor
de Sociale Integratie van Personen met een Handicap                                       (Language of the case: French)
    against Commission of the European Communities
                                                                       An action against the Commission of the European Communi-
                        (Case T-102/00)                                ties was brought before the Court of First Instance of the
                                                                       European Communities on 25 April 2000 by Giovanni Cubeta,
                                                                       residing at Etterbeek (Belgium), represented by Chantal
                        (2000/C 176/49)                                Moreau, of the Brussels Bar, and Patrick Birden, of the
                                                                       Luxembourg Bar.
                  (Language of the case: Dutch)                        The applicant claims that the Court should:
An action against the Commission of the European Communi-              — rule that the applicant is entitled to payment of the daily
ties was brought before the Court of First Instance of the                  subsistence allowance and to receive the second part of the
European Communities on 25 April 2000 by Vlaams Fonds                       installation allowance for his daughter upon his being
voor de Sociale Integratie van Personen met een Handicap,                   transferred to Brussels in January 1999.