CELEX: C2002/180/55
Language: en
Date: 2002-07-27 00:00:00
Title: Case T-166/02: Action brought on 28 May 2002 by José Pedro Pessoa e Costa against Commission of the European Communities

C 180/32               EN                     Official Journal of the European Communities                                       27.7.2002
Action brought on 28 May 2002 by José Pedro Pessoa e                     Action brought on 30 May 2002 by Etablissements
Costa against Commission of the European Communities                     Toulorge against European Parliament and Council of the
                                                                                                European Union
                         (Case T-166/02)
                                                                                                (Case T-167/02)
                         (2002/C 180/55)
                   (Language of the case: French)
                                                                                                (2002/C 180/56)
An action against the Commission of the European Communi-                                  (Language of the case: French)
ties was brought before the Court of First Instance of the
European Communities on 28 May 2002 by José Pedro Pessoa
e Costa, residing in Lisbon, represented by Jean-Noël Louis,
Etienne Marchal and Albert Coolen, lawyers.
                                                                         An action against the European Parliament and the Council of
The applicant claims that the Court should:
                                                                         the European Union was brought before the Court of First
                                                                         Instance of the European Communities on 30 May 2002
—     annul the decision of the Commission of 3 July 2001 to             by Etablissements Toulorge, whose registered office is at
      bring disciplinary proceedings against him;                        Bricquebec (France), represented by Denis Waelbroek and Dirk
                                                                         Brinckman, lawyers.
—     annul the decision of the appointing authority to reject
      the request submitted on 6 July 2001 by the Director of
      the EMCDDA to transfer him to the EMCDDA, pursuant
      to Article 29(1)(c) of the Staff Regulations;
                                                                         The applicant claims that the Court should:
—     order the defendant to pay the costs.
                                                                         —    annul Directive 2002/2/EC of the European Parliament
                                                                              and of the Council of 28 January 2002 amending Council
                                                                              Directive 79/373/EEC on the circulation of compound
Pleas in law and main arguments                                               feedingstuffs and repealing Commission Directive 91/
                                                                              357/EEC;
The applicant requested, upon returning from a period of
unpaid leave, to be transferred to the European Monitoring               —    declare the non-contractual liability of the Community,
Centre for Drugs and Drug Addiction (EMCDDA). The transfer                    in the body of the Council and the European Parliament
was refused by the Commission because disciplinary proceed-                   and order the defendants to make good all the damage
ings had been instituted against the applicant following charges              suffered by the applicant as a consequence of that
laid by the Portuguese authorities.                                           directive;
In support of his application, the applicant claims that                 —    order the parties to produce, within a reasonable period
the decision to initiate disciplinary proceedings against him                 after the Court of First Instance delivers its decision, exact
infringes the fifth paragraph of Article 88 of the Staff                      figures to quantify the damage which the parties have
Regulations. Furthermore, the applicant pleads breach of the                  agreed or, in the absence of such agreement, order the
principle that innocence must be presumed and infringement                    parties to transmit to the Court of First Instance, within
of Article 87 of the Staff Regulations, the rights of the defence             the same period, additional claims containing such exact
and the findings of the Heads of Administration No 103 J/77.                  figures;
The applicant claims, finally that the decision refusing to              —    order interest to be paid at an annual rate of 8 % (or any
transfer him to the EMCDDA is unlawful inasmuch as it is                      other appropriate rate which the Court may decide) with
based on a decision which is itself unlawful, namely the                      effect from the date of the decision of the Court finding
decision to initiate disciplinary proceedings.                                the Community liable until actual payment is made;
                                                                         —    order the defendant to pay the costs.