CELEX: C1999/086/40
Language: en
Date: 1999-03-27 00:00:00
Title: Action brought on 17 December 1998 by Gisela Stodtmeister against Council of the European Union (Case T-200/98)

27.3.1999              EN                 Official Journal of the European Communities                                     C 86/21
Ð the Commission has erroneously disregarded the                     Pleas in law and main arguments adduced in support:
     applicants' immunity from fines in respect of the
     alleged restrictions on the availability and contents of
     service contracts;                                              In this application, the applicant, an official in Grade A 4,
                                                                     step 8, assigned to DG C2 of the Secretariat General of
                                                                     the Council, is seeking compensation for the loss suffered
Ð the Commission has failed to apply a rational and                  as a result of the numerous erros committed by the
     coherent methodology to its calculation of the fines,           defendant which left her without a post for a long period
     contrary to fundamental principles of Community law;            in her career and committed errors and faults in drawing
                                                                     up her Staff Report for the period 1993 to 1995.
Ð the Commission's assessment of the gravity and
     duration of the alleged infringements is flawed;
                                                                     According to the applicant, the defendant discriminated
                                                                     against her with regard to colleagues who were in
Ð the Commission has failed to take into account the                 situations identical to, or even less favourable than, her
     individual positions of each applicant and various              own (and were promoted), thus adversely affecting the
     mitigating factors.                                             proper progress of her career and, in particular, the
                                                                     promotion she was entitled to expect by virtue both of her
(1) Council Regulation (EEC) No 4056/86 of 22 December 1986          ability and her length of service. The defendant also
    laying down detailed rules for the application of Articles 85    disregarded the principles governing the Council Decision
    and 86 of the Treaty to maritime transport (OJ L 378,            of 18 October 1981 laying down the general provisions
    31.12.1986, p. 4).                                               for implementation of Article 43 of the Staff Regulations
                                                                     of Officials concerning Staff Reports.
                                                                     The harm suffered by the applicant results both from the
                                                                     absence of her 1993 to 1995 Staff Report at the time of
                                                                     the 1996 promotion procedure, and from the adverse
Action brought on 17 December 1998 by Gisela                         effect on her career progress, in particular the fact that she
    Stodtmeister against Council of the European Union               was not promoted.
                        (Case T-200/98)
                         (1999/C 86/40)
                (Language of the case: French)
                                                                     Action brought on 24 December 1998 by Lea
An action against the Council of the European Union was              Tessaro-Treibenreif against the Commission of the
brought before the Court of First Instance of the European                              European Communities
Communities on 17 December 1998 by Gisela
Stodtmeister, residing in Tervuren (Belgium), represented                                   (Case T-210/98)
by Georges Vandersanden and Laure Levi, of the Brussels
                                                                                             (1999/C 86/41)
Bar, with an address for service in Luxembourg at the
Offices of the Fiduciaire Myson SARL, 30 Rue de
Cessange.
                                                                                    (Language of the case: French)
The applicant claims that the Court should:
                                                                     An action against the Commission of the European
                                                                     Communities was brought before the Court of First
Ð award her compensation for her loss, in the sum of                 Instance of the European Communities on 24 December
     BEF 500 000, resulting from the absence of her Staff            1998 by Lea Tessaro-Treibenreif, residing in Luxembourg,
     Report for the period 1993 to 1995, on the occasion             represented by Carlo Revoldini, of the Luxembourg Bar,
     of the 1996 promotion procedure;                                with an address for service in Luxembourg at 180 Route
                                                                     de Longwy.
Ð award her a sum, by way of damages, equivalent to
     the difference in her salary between Grade A 3, to
     which she could legitimately have hoped to have been            The applicant claims that the Court should:
     appointed in January 1996, and Grade A 4, step 8,
     which she currently holds, and restoration of her
     career path together with the financial implications            Ð annul the decision of the European Commission
     thereof;                                                            suspending with retroactive effect from 1 January
                                                                         1997 the double dependent child allowance paid to
                                                                         the applicant pursuant to Article 67(3) of the Staff
Ð order the Council to pay all the costs.                                Regulations of Officials until June 1998;