CELEX: C1999/086/54
Language: en
Date: 1999-03-27 00:00:00
Title: Action brought on 21 January 1999 by Claudio d'Aloya against Council of the European Union. (Case T-24/99)

27.3.1999              EN                   Official Journal of the European Communities                                    C 86/31
Action brought on 21 January 1999 by Lùgstùr Rùr A/S                   Action brought on 21 January 1999 by Claudio d'Aloya
               against the European Commission                                   against Council of the European Union.
                         (Case T-23/99)                                                        (Case T-24/99)
                         (1999/C 86/53)                                                       (1999/C 86/54)
                                                                                      (Language of the case: Italian)
                 (Language of the case: English)
                                                                       An action against the Council of the European Union was
An action against the European Commission was brought                  brought before the Court of First Instance of the European
before the Court of First Instance of the European                     Communities on 21 January 1999 by Claudio d'Aloya,
Communities on 21 January 1999 by Lùgstùr Rùr A/S,                     represented by Wilma Viscardini DonaÁ, assisted by Dr
represented by Denis Waelbroeck, of Liedekerke SimeÂon                 Gabriele DonaÁ, both of the Padua Bar, with an address for
Wessing Houthoff, and by Henrik Peyts, of Kromann &                    service in Luxembourg at the Chambers of Ernest Arendt,
Münter, with an address for service in Luxembourg at the               Rue Mathias Hardt.
Chambers of Arendt and Medernach, 8Ð10 Rue Mathias
Hardt.
                                                                       The applicant claims that the Court of First Instance
                                                                       should:
The applicant claims that the Court should:
                                                                       Ð Annul the decision notified by memorandum of
                                                                           26 March 1998 rejecting Mr d'Aloya's candidature for
                                                                           the post of Director (A2), in the Council Legal Service,
Ð annul the decision of the Commission of 21 October
                                                                           referred to in Staff Notice 2/98' of 5 January 1998;
     1998 in Case IV/35.691 (District Heating Pipes) in so
     far as it is addressed to it;
                                                                       Ð Annul the decision brought to the notice of the staff of
                                                                           the General Secretariat of the Council by Notice
Ð alternatively reduce substantially the fine imposed on                   No 137/98 of 2 November 1998, by which Ricardo
     it;                                                                   Gosalbo Bono was appointed, with effect from
                                                                           12 October 1998, as Director in the Council Legal
                                                                           Service;
Ð order the Commission to pay the costs.
                                                                       Ð Order the Council to pay whatever the Court
                                                                           considers just in respect of the non-material damage
                                                                           suffered by the applicant;
Pleas in law and main arguments adduced in support:
                                                                       Ð Order the Council to pay the costs.
The present action is brought against the decision of the
European Commission of 21 October 1998, as amended
by a decision of 6 November 1998, relating to a                        Pleas in law and main arguments adduced in support:
proceeding under Article 85 of the EC Treaty (1). The
contested decision finds that the applicant has committed
infringements of Article 85 of the EC Treaty and imposes
a fine of ECU 8 900 000.                                               The applicant objects to the rejection of his application
                                                                       for the post of Director in the Council's Legal Service.
The pleas in law and main arguments are similar to those               In support of his claims, the applicant alleges:
raised in Cases T-9/99, T-15/99, T-16/99 and T-17/99.
(1) See Cases T-9/99, T-15/99, T-16/99, T-17/99 and T-21/99.           Ð non-observance of the legal basis of the vacancy notice
                                                                           (No 2/98) for the vacant post: it was established that
                                                                           the recruitment procedure was to be based on
                                                                           Article 29(1)(a) of the Staff Regulations but the
                                                                           procedure resulted in the appointment of a candidate
 ---pagebreak--- C 86/32               EN                 Official Journal of the European Communities                                 27.3.1999
    from outside the institution who, in the applicant's            Pleas in law and main arguments adduced in support:
    opinion, had already been pre-selected, regardless of
    the suitability or otherwise of candidates inside the
    institution;
                                                                    The applicants in the present case are Greene King PLC's
                                                                    (GK) tenants at the Fox and Hounds Public House at
                                                                    Kempston in Bedfordshire. GK is a UK brewer and
Ð infringement of Article 45(1) of the Staff Regulations
                                                                    wholesaler. The applicants entered into their lease with
    in that the appointing authority did not undertake a
                                                                    GK for a tenancy, which contained an exclusive beer
    detailed comparative examination of candidatures and
                                                                    purchasing agreement in terms which are standard in the
    attributed unlawful decisive importance to the
                                                                    UK, namely a obligation to buy beer exclusively from GK
    recommendations' of the Advisory Committee for
                                                                    or its nominees.
    Selection Procedures;
Ð arbitrariness and manifest error of assessment;                   On 23 May 1997 the applicants requested that the
                                                                    Commission hold that GK, by its network of beer supply
                                                                    agreements in the UK, infringed Article 85 of the EC
Ð misuse of powers and breach of Article 7(1) and                   Treaty. The current application challenges the formal
    Article 27 of the Staff Regulations;                            Commission's rejection of this complaint.
Ð infringement of Article 5(3) of the Staff Regulations
                                                                    The applicants seek the annulment of the contested
    and of the principle of non-discrimination;
                                                                    decision on the grounds that the defendant failed
Ð infringement of the principle of transparency of
    administrative measures.                                        Ð properly to evaluate the facts and law which establish
                                                                        the existence of an infringement of Article 85 by GK;
                                                                    Ð to give adequate reasons for its decision rejecting the
                                                                        complaint; and
Action brought on 22 January 1999 by Colin Arthur
Roberts and Valerie Ann Roberts against the Commission
                of the European Communities                         Ð properly to evaluate the existence of an infringement
                                                                        of Article 85 by reason of a price fixing cartel in the
                        (Case T-25/99)
                                                                        UK brewing industry operating at wholesale level.
                        (1999/C 86/55)
               (Language of the case: English)
An action against the Commission of the European
Communities was brought before the Court of First                   Action brought on 25 January 1999 by VASA Energy
Instance of the European Communities on 22 January                  GmbH & Co. KG against the Commission of the
1999 by Colin Arthur Roberts and Valerie Ann Roberts,                                 European Communities
Kempston in Bedfordshire (United Kingdom), represented                                     (Case T-29/99)
by Becket Bedford of the Middle Temple, S. C. I.
Ferdinand and J. Tracy Kelly of Ferdinand Kelly,                                          (1999/C 86/56)
Solicitors, 21 Bennetts Hill, Birmingham B2 5QP (United
Kingdom).
                                                                                  (Language of the case: German)
The applicant claims that the Court should:
                                                                    An action against the Commission of the European
Ð annul the decision of the Commission in Case IV/                  Communities was brought before the Court of First
    36.511/F3 Ð Roberts/Greene King dated 12 November               Instance of the European Communities on 25 January
    1998;                                                           1999 by VASA Energy GmbH & Co. KG, Hamburg,
                                                                    represented by Dörte Annemarie Fouquet, Rechtsanwältin,
                                                                    of Messrs Kuhbier & Fouquet, Hamburg, with an address
Ð order the Commission to pay the costs of this                     for service in Luxembourg at the Chambers of Messrs
    application.                                                    Arendt and Medernach, 8Ð10 Rue Mathias Hardt.