CELEX: C2000/192/20
Language: en
Date: 2000-07-08 00:00:00
Title: Case C-168/00: Reference for a preliminary ruling from the Landesgericht Linz, Austria, by order of that court of 6 April 2000 in the case of Simone Leitner, a minor, v TUI Deutschland GmbH & Co KG

C 192/12              EN                   Official Journal of the European Communities                                         8.7.2000
Reference for a preliminary ruling from the Landesgericht             Pleas in law and main arguments
Linz, Austria, by order of that court of 6 April 2000 in
the case of Simone Leitner, a minor, v TUI Deutschland                — Infringement of Article 14(2)(2)(a) of the Rules of Pro-
                        GmbH & Co KG                                      cedure of the Court of First Instance, as amended by the
                                                                          decision adopted by the Court of First Instance of the
                                                                          European Communities on 17 May 1999 with a view to
                        (Case C-168/00)
                                                                          enabling it to give decisions in cases when constituted by
                                                                          a single judge (2): the case was delegated by the First
                        (2000/C 192/20)                                   Chamber to the Judge-Rapporteur sitting as a single judge
                                                                          and determined by that judge in that capacity, despite the
Reference has been made to the Court of Justice of the                    fact that it raised the question of the legality of points 2.3
European Communities by an order of the Landesgericht                     and 3.2 of the document entitled ‘Requests and Complaints
(Regional Court), Linz, of 6 April 2000, which was received at            pursuant to Article 90 of the Staff Regulations’, published
the Court Registry on 8 May 2000, for a preliminary ruling in             by the Commission in Administrative Notices No 635 of
the case of Simone Leitner, a minor, v TUI Deutschland GmbH               16.7.1990. In addition, the case raised the question of the
& Co KG, on the following question:                                       legality of the second paragraph of Article 3 of the
                                                                          Commission’s decision of 1 September 1983 on the
                                                                          criteria applicable to appointment in grade and classifi-
Is Article 5 of Council Directive 90/314/EEC of 13 June 1990              cation in step on recruitment.
on package travel, package holidays and package tours (1) to
be interpreted as meaning that compensation is in principle           — Infringement of the second paragraph of Article 2 of the
payable in respect of claims for damages for non-material                 Commission’s decision of 1 September 1983 on the
damage?                                                                   criteria applicable to appointment in grade and classifi-
                                                                          cation in step on recruitment, and of Articles 31 and 32 of
                                                                          the Staff Regulations, which apply to members of the
(1) OJ 1990 L 158, p. 59.
                                                                          temporary staff by virtue of Article 5 of that decision: both
                                                                          Article 31 and Article 32 of the Staff Regulations are
                                                                          designed, in particular, to permit the appointing authority
                                                                          to take into account qualifications and professional experi-
                                                                          ence gained prior to recruitment by the Communities.
                                                                          Consequently, a provision having the object or effect of
                                                                          restricting that possibility, by prohibiting the taking into
                                                                          account of the experience acquired by the person con-
Appeal brought on 10 May 2000 by Alain Libéros against                    cerned between the date of his being offered employment
the judgment delivered on 9 March 2000 by the Court of                    and the date of his entry into the service of the Communi-
First Instance of the European Communities (single judge)                 ties, would be contrary to those articles.
in Case T-29/97 between Alain Libéros and the Com-
           mission of the European Communities                        — Breach of the obligation to provide reasons for judgments,
                                                                          according to which, in particular, the grounds stated must
                       (Case C-171/00 P)                                  be legally permissible, that is to say, adequate, relevant, not
                                                                          vitiated by errors of law or of fact and not inconsistent.
                        (2000/C 192/21)
                                                                      (1) OJ C 122 of 29.4.2000, p. 30.
                                                                      (2) OJ L 135 of 29.5.1999, p. 92.
An appeal against the judgment delivered on 9 March 2000
by the Court of First Instance of the European Communities
(single judge) in Case T-29/97 between Alain Libéros and the
Commission of the European Communities was brought
before the Court of Justice of the European Communities on
10 May 2000 by Alain Libéros, represented by Marc-Albert
Lucas, of the Liège Bar, with an address for service in
Luxembourg at the Chambers of Luc Tecqmenne, 3 Rue des                Reference for a preliminary ruling by the Fourth Chamber
Capucins.                                                             of the Consiglio di Stato, sitting in its judicial capacity, by
                                                                      order of that court of 12 November 1999 in the case of
                                                                      ANAS — Ente Nazionale per le Strade against SCA RL
The appellant claims that the Court should:                           CMC Cooperativa Muratori Cementisti Ravenna and SpA
                                                                      ICLA Costruzioni Generali and SpA Impresa Toto e Toto
— annul the judgment delivered on 9 March 2000 by the
    Court of First Instance in Case T-29/97 Libéros v Com-
    mission of the European Communities (1);                                                   (Case C-173/00)
— allow the claims put forward in the proceedings at first                                     (2000/C 192/22)
    instance;
                                                                      Reference has been made to the Court of Justice of the
— order the Commission to pay the costs.                              European Communities by order of the Fourth Chamber of