CELEX: 
Language: en
Date: 1994-12-31 00:00:00
Title: Case T-383/94: Action brought on 5 December 1994 by Ernst-Ulrich Horn against Council of the European Union and Commission of the European Communities

No C 400 / 14                         Official Journal of the European Communities                               31 . 12 . 94
                                          COURT OF JUSTICE
                                                COURT OF FIRST INSTANCE
Action brought on 5 December 1994 by Ernst-Ulrich                — declare that the applicant is now entitled to enter the
Horn against Council of the European Union and                       competition at its current stage,
        Commission of the European Communities
                       (Case T-383/94)                           — order the Council to pay the applicant (a fixed sum)
                                                                     for material and non-material damage and expenses
                        (94/C 400/03)                                incurred,
               (Language of the case: German)                    — order the Council to pay the costs.
An action against the Council of the European Union              Pleas in law and main arguments adduced in support:
and Commission of the European Communities was
brought before the Court of First Instance of the                The applicant states that he completed an application for
European Communities on 5 December 1994 by                       Open Competition Council/A/ 338 and posted it on
Ernst-Ulrich Horn, Kembs (Federal Republic of                    Monday 28 February 1994, the closing date. Never­
Germany), represented by Dr Lukanow, Rechtsanwalt,               theless, the Directorate for Personnel and Administration
Euskirchen, with an address for service in Luxembourg            of the Council decided not to admit him to the tests for
at the Chambers of Dupong & Associes, 14a Rue des                that competition on the ground that the envelope
Bains .
                                                                 containing his documentation was not postmarked and
The applicant claims that the Court should :                     that the stamp indicating receipt by the mail department
                                                                 was dated 3 March 1994 .
Order the defendants to pay to the applicant compen­
sation for the period of five milk years from 1 April 1988       The applicant maintains, on the one hand, that posting
in the amount of DM 41 855, together with interest               the application before midnight on 28 February 1994 is
thereon at 8 °/o from 26 January 1985.                           sufficient for an application to the competition and, on
                                                                 the other hand, that the language used in Part VI of the
Pleas in law and main arguments adduced in support:              Notification of Competition is not mandatory, at least in
                                                                 so far as the postmark cannot be considered to be a sine
The pleas in law and main arguments are similar to those         qua non of an admissible application.
in Case T-20/94 .
                                                                 The applicant considers that, given the wording of
                                                                 Section VI, a dispute as to the date of postage can be
                                                                 resolved either by accepting applications for a reasonable
                                                                 time after 28 February, beyond which the onus of
                                                                 proving postage would shift to the applicant, or, even on
                                                                 a very strict view of the matter, by requiring the
                                                                 applicant to supply proof of posting. The applicant is
                                                                 willing and able to prove postage.
Action brought on 19 December 1994 by Diarmuid
Rossa Phelan against the Council of the European Union
                       (Case T-392/94)
                        (94/C 400/04)
               (Language of the case: English)
An action against the Council of the European Union
was brought before the Court of First Instance of the
European Communities on 19 December 1994 by                      Action brought on 28 December 1994 by Gerjet
Diarmuid Rossa Phelan, represented by Desmond                    Meyenburg against Council of the European Union and
O'Neill, Law Library Building, 158 /9 Church Street,                     Commission of the European Communities
Dublin.                                                                               (Case T-397/94)
The applicant claims that the Court should :                                           (94/C 400/05)
— annul the decision of 16 September 1994 whereby the                          (Language of the case : German)
    Directorate for Personnel and Administration in
    Open Competition refused to admit the applicant to           An action against the Council of the European Union
    the tests for the competition,                               and Commission of the European Communities was