CELEX: C1996/247/44
Language: en
Date: 1996-08-24 00:00:00
Title: Removal from the register of Case T-209/95

No C 247/20             EN                  Official Journal of the European Communities                                      24 . 8 . 96
( f) the reasoning advanced by the Commission in support               legislative activities and application of Community law', in
       of its conclusions does not comply with the                     that it provides for the post to be filled at grade A 4/A 5 , in so
       Commission's obligations under Article 190 of the EC            far as this circumstance prevented him from applying,
       Treaty to state the reasons on which its decisions are          despite the fact that he has held that post for several
       based so as to enable the Court to exercise its powers of       years .
       judicial review, the parties to defend their rights and the
       Member States and other interested parties to ascertain         In the applicant's opinion, the post in question should not
       the circumstances in which the Commission has applied           have been advertised as an A 4/A 5 post since it has all the
       the Treaty .                                                    features for classification as an A 3 post, whether with
                                                                       regard to the tasks associated with the post or to the number
                                                                       of officials serving within the unit. From this the applicant
                                                                       concludes that the contested decision is vitiated by a
                                                                       manifest error in the assessment of the facts as well as by an
Action brought on 4 July 1996 by Ludwig Kramer against                 error of law .
          Commission of the European Communities
                         ( Case T- 104/96 )                            The applicant also claims that there has been a breach of
                                                                       Article 7 of the Staff Regulations and a misuse of powers,
                           ( 96/C 247/43 )                             arguing that the decision to advertise the post of head of unit
                                                                       B3 in DG XI as a post at grade A 4/A 5 was not taken in the
                  (Language of the case: French)                       interest of the service but rather with a view to preventing
                                                                       his application in favour of a candidate chosen on the basis
An action against the Commission of the European
                                                                       of his nationality and not on that of his ability and
Communities was brought before the Court of First                      experience within the relevant area .
Instance of the European Communities on 4 July 1996
by Ludwig Kramer, residing at Tervuren ( Belgium ),
represented by Georges Vandersanden, of the Brussels Bar,
with an address for service in Luxembourg at the offices of
Fiduciaire Myson, 1 Rue Glesener.
                                                                             Removal from the register of Case T-209/95 ( )
The applicant claims that the Court should:
                                                                                                ( 96/C 247/44 )
— annul the publication notice for the post of head of unit
     for unit XI . B. 3 as a post at grade A 4/A 5                                    (Language of the case: English)
     ( COM/111 /95 ),
— consequently annul the appointment of a grade A 5                    By order of 15 July 1996 , the President of the First Chamber
     candidate,                                                        ( Extended Composition ) of the Court of First Instance of
                                                                       the European Communities ordered the removal from the
— order the Commission to pay all of the costs .                       register of Case T-209/95 : Windstar Sail Cruises Limited,
                                                                       Wind Star Limited and Wind Spirit Limited v. Commission
Pleas in law and main arguments adduced in support:
                                                                       of the European Communities .
The applicant, a grade A 3 official , contests the vacancy
notice for the post of head of unit XI . B. 3 ' Legal affairs,         (') OJ No C 351 , 30 . 12 . 1995 .