CELEX: C1997/212/32
Language: en
Date: 1997-07-12 00:00:00
Title: Action brought on 16 May 1997 by the European Parliament against the Council of the European Union (Case C-189/97)

No C 212/ 18          EN                   Official Journal of the European Communities                                   12 . 7 . 97
of the European Communities in Case T-35/96 between                   The applicant claims that the Court should:
L. B. Rasmussen and the Commission of the European
Communities was brought before the Court of Justice of                — annul Council Regulation ( EC ) No 408/97 of
the European Communities on 15 May 1997 by L. B.                          24 February 1997 on the conclusion of an Agreement
Rasmussen, represented by Carlo Revoldini, of the                         on cooperation in the sea fisheries sector between the
Luxembourg Bar, with an address for service in                            European Community and the Islamic Republic of
Luxembourg at the Chambers of the latter, 180 Route de                    Mauritania and laying down provisions for its
Longwy.                                                                   implementation (*),
The appellant claims that the Court should:                           — order the Council to pay the costs .
                                                                      Pleas in law and main arguments adduced in support:
— set aside the judgment of the Court of First Instance of
     18 March 1997 in Case T-35/96 (') in its entirety,               — Infringement of Article 228 of the EC Treaty: the
     including the ruling on costs,                                       Council could not conclude the agreement with
                                                                          Mauritania without first seeking and obtaining the
— annul the Commission's decision to annul the vacancy                    European Parliament's assent in accordance with the
     notice procedure for post COM/116/94,                                second subparagraph of Article 228 ( 3 ) of the EC
                                                                          Treaty. The agreement in question has important
                                                                          budgetary implications on account of the fact that the
— annul the decision to reserve the post at issue in that                 financial compensation provided for Mauritania alone
     vacancy notice for nationals of new Member States,                   amounts     to  a   share   in excess  of 20 %    of the
     and to publish a notice of Open Competition COM/A/                   appropriations under budget heading B7-8 0 0
     929 ( Head of Unit V.F.3 ),                                          ( International fisheries agreements ) provided for each
                                                                          financial year concerned hitherto .
— order the Commission to pay compensation for non­                   — Breach of essential procedural requirements
     material damage,                                                     (consultation procedure not in compliance with the
                                                                          Treaty and no statement of reasons regarding the
— order the Commission to pay the costs.                                  Commission 's proposed amendment of the legal basis ).
                                                                      O OJ No L 62, 4 . 3 . 1997, p. 1 .
Pleas in law and main arguments adduced in support:
Infringement of Articles 4, 5 , 7, 25 , 27, 29 and 45 of the
Staff Regulations, the principle of non-retroactivity, and of
the obligation to have due regard for the welfare of
officials, and misuse of powers, in that the Court of First           Reference for a preliminary ruling from the Tribunal de
Instance gave faulty and insufficient reasoning in support            Première Instance de Namur by judgment of that court of
of provisions of the contested judgment and failed to reply           14 May 1997 in the case of Christelle Deliège v. ASBL
to arguments and pleas in law of the parties.                         Ligue Francophone de Judo et Disciplines Associées, ASBL
                                                                                Ligue Belge de Judo and François Pacquée
                                                                                             ( Case C-191/97)
 n OJ No C 131 , 26 . 4 . 1997, p . 14 .
                                                                                               ( 97/C 212/33 )
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by a judgment of the Tribunal de
                                                                      Premiere Instance de Namur ( Court of First Instance,
Action brought on 16 May 1997 by the European                         Namur) of 14 May 1997, which was received at the Court
   Parliament against the Council of the European Union               Registry on 20 May 1997, for a preliminary ruling in the
                                                                      case of Christelle Deliege v. ASBL Ligue Francophone de
                         ( Case C-189/97 )
                                                                      Judo et Disciplines Associees, ASBL Ligue Beige de Judo
                           ( 97/C 212/32 )                            and Francois Pacquee on the following question :
                                                                      Whether or not it is contrary to the Treaty of Rome, in
 An action against the Council of the European Union was              particular Articles 59, 85 and 86 of the Treaty, to require
 brought before the Court of Justice of the European                  a professional or semi-professional athlete or a person
 Communities on 16 May 1997 by the European                           aspiring to professional or semi-professional activity to be
 Parliament, represented by Gregorio Garzon Clariana,                 authorized by his federation in order to be able to
 Jurisconsult, C. Pennera, Head of its Legal Service, and H.          compete in an international competition in which national
 Kriick, also of its Legal Service, acting as Agents, with an         teams are not taking part.
 address for service in Luxembourg at the European
 Parliament, Mail and Registry Service, Batiment Tour.