CELEX: C2001/161/48
Language: en
Date: 2001-06-02 00:00:00
Title: Case T-74/01: Action brought on 29 March 2001 by Albano Ferrer de Moncada against the Commission of the European Communities

C 161/24               EN                    Official Journal of the European Communities                                      2.6.2001
Contentions and principal arguments adduced in support                  —     infringement of the recruitment notice under
                                                                              Article 12(2)(e) of the Conditions of Employment of
                                                                              Other Servants, since the successful candidate did not
                                                                              meet the conditions concerning knowledge of languages
                                                                              laid down in that provision.
The applicant, who was a candidate for the post of Secretary-
General of the Committee of the Regions, opposes the decision
of the defendant institution to reject his application.
In support of his claims, the applicant alleges:
—    infringement of the first sentence of the first paragraph          Action brought on 29 March 2001 by Albano Ferrer
     of Article 11 of the Conditions of Employment of Other
                                                                        de Moncada against the Commission of the European
     Servants and Article 25 of the Staff Regulations, in that                                    Communities
     the contested decisions do not contain an adequate
     statement of the reasons on which they are based;
                                                                                                 (Case T-74/01)
—    breach of the principles of objectivity of recruitment
                                                                                                (2001/C 161/48)
     procedure and equal treatment of candidates, in that
     the acting Secretary-General was responsible for the
     recruitment procedure at issue;
                                                                                          (Language of the case: French)
—    breach of the principles of objectivity and equal treatment
                                                                        An action against the Commission of the European Communi-
     in the selection procedure and in the decision setting up
                                                                        ties was brought before the Court of First Instance on 29 March
     that procedure, since;
                                                                        2001 by Albano Ferrer de Moncada, residing in Luxembourg,
                                                                        represented by Luc Misson and Laurent Wysen, Lawyers, with
                                                                        an address for service in Luxembourg.
     —     the applicant’s application was not forwarded in full
           to the ad hoc committee responsible for examining
           the recruitment procedure or to the Bureau;                  The applicant claims that the Court of First Instance should:
                                                                        —     annul the implied decision rejecting the applicant’s com-
     —     the administration forwarded to the Bureau a docu-                 plaint, dated 19 September 2000, on the basis of
           ment indicating that the applicant did not satisfy the             Article 90(2) of the Staff Regulations;
           conditions for preferential treatment laid down in
           the notice;
                                                                        —     order the defendant to pay LUF 5 million to the applicant
                                                                              as compensation for non-material damage;
     —     two of the four candidates had a meeting with
           certain members of the Bureau the day before its             —     order the defendant to pay the costs.
           meeting of 19 May;
                                                                        Contentions and principal arguments adduced in support
     —     the agenda of the meeting of the Bureau included
           submission to the Bureau by the acting Secretary-
           General, in agreement with the President, of the
           Annual Operational Programme for the Committee;              The applicant states that one or more persons, whose identity
                                                                        at this stage is unknown to him, have been making, in
                                                                        particular within the EURATOM departments of the Com-
                                                                        mission, calumnious, insulting and defamatory allegations
     —     the ad hoc committee did not draw up a reasoned              against him, calling in question his professional integrity and
           list of successful candidates, or did not give an            stating, among other things, that he disclosed confidential
           opinion to the Bureau after interviewing the candi-          information to third parties. A case-file has been opened on
           dates;                                                       the subject.
 ---pagebreak--- 2.6.2001               EN                      Official Journal of the European Communities                                      C 161/25
The applicant considered that the facts justified the bringing            After completion of tasks by a consultant, who determined,
of proceedings against ‘X’ before the Luxembourg court of                 inter alia, the broad outline for modernisation of the sector
competent jurisdiction.                                                   concerned, the applicant was instructed by the Commission,
                                                                          at an initial stage, to assist in drawing up the proposal for
                                                                          financing various elements of the ESSP Programme. The
The appointing authority rejected the applicant’s request that
                                                                          financing proposal was accepted and the applicant was
he be allowed to produce in the Luxembourg Criminal Court
                                                                          instructed, in the second stage, to draw up terms of reference
all the documents listed in an annex to that request, and any
                                                                          for the various elements of the ESSP Programme, and to assist
other relevant document which had not been disclosed to him.
                                                                          the Syrian beneficiaries in evaluating the pre-qualification
That is the decision at issue in these proceedings.
                                                                          tender files. The final responsibility for adoption of the terms
                                                                          of references, evaluation of the tenders and drafting of the
In support of his claims, the applicant alleges:                          contracts attached to the Syrian authorities, under Commission
                                                                          supervision. Following the further preparation of the detailed
—     infringement of Articles 19 and 24 of the Staff Regu-               specifications for a system appropriate to Syrian conditions, a
      lations;                                                            call for tenders was issued by the Syrian authorities for the
                                                                          installation of an OPS (Operation Planning System). Two
—     infringement of Articles 6 and 13 of the European                   tenders were submitted in response to that call, one of which
      Convention for the Protection of Human Rights and                   considerably undercut the competing tender, being submitted
      Fundamental Freedoms.                                               by the applicant itself. The applicant was finally successful.
                                                                          The applicant adds, however, that, more than one month after
                                                                          signature of the contract, it was advised that the Commission
                                                                          was no longer able to approve the contract, but no reasons for
                                                                          this were given. Indeed, it did not become aware of the
                                                                          Commission’s alleged reasons until proceedings were brought
                                                                          before the Ombudsman.
Action brought on 29 March 2001 by Systems-Europe SA
  against the Commission of the European Communities
                                                                          In support of its claims, the applicant submits that the
                           (Case T-75/01)                                 Commission’s improper conduct in this case is apparent from
                                                                          various acts, courses of conduct and failure to act occurring
                                                                          throughout the procedure for award of the contract at issue,
                          (2001/C 161/49)                                 and subsequently after signature of that contract by the Syrian
                                                                          authorities.
                    (Language of the case: French)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on
29 March 2001 by Systems-Europe SA, established in Brussels,
represented by Bernard Jamoulle, Frédéric Louis and Anne
Vallery, Lawyers.
                                                                                Removal from the Register of Case T-349/99 (1)
The applicant claims that the Court of First Instance should:
—     order the European Community, represented by the                                             (2001/C 161/50)
      Commission, to pay to Systems-Europe SA the sum of
      EUR 921 750 ;
                                                                                            (Language of the case: English)
—     order the Commission to pay the costs.
                                                                          By order of 6 March 2001, the President of the First Chamber
                                                                          of the Court of First Instance of the European Communities
Contentions and principal arguments adduced in support
                                                                          has ordered the removal from the Register of Case T-349/99,
                                                                          Miroslav Miskovic v Council of the European Union.
The applicant, which at the material time was a medium sized
independent engineering consultancy company incorporated
under Belgian law, specialising in particular in data processing
in the electricity sector, seeks compensation for the loss                (1) OJ C 79 of 18.3.2000.
allegedly suffered by it as a result of the alleged misconduct of
the Commission in the context of a programme of financial
support for modernisation of the production and distribution
of electricity in Syria (ESSP Programme).