CELEX: C1998/094/76
Language: en
Date: 1998-03-28 00:00:00
Title: Action brought on 16 July 1997 by Società E-Quattro against the Commission of the European Communities (Case T-10/98)

28.3.98               EN                Official Journal of the European Communities                                    C 94/31
    new rule departing from the provisions of Article 23                termination of the contract and by its notification on
    of the Staff Regulations, according to which the                    the last possible date,
    development of each official's career is linked to the
    results achieved by the department to which he is
                                                                   Ð order the Commission to pay the costs.
    assigned. This method would favour officials who
    carry out administrative duties over those in
    operational units which involve a high level of                Pleas in law and main arguments adduced in support:
    professional risk. Moreover, in the present case, the
    evaluation of the applicant's work was always made
    by managers of whom he had always been critical,               The pleas in law and main arguments adduced in support
    whereas sound management requires the absolute                 are the same as those raised in Case C-257/97 E-Quattro
    separation of assessors and assessed,                          v. Commission (1).
                                                                   (1) OJ C 271, 6.9.1997, p. 9.
Ð distortion of the facts and misuse of powers. In the
    applicant's annual assessment for 1996 there are many
    positive statements about him. Nonetheless, the
    defendant blocked every possible career route within
    the Treasury Department. Thus the annual report was
    used systematically for purposes other than those for
    which it was intended,                                         Action brought on 9 January 1998 by Argon srl and
                                                                   Others against the Council of the European Union and the
Ð manifest illogicality and inconsistency of the rejection.                 Commission of the European Communities
    First, in 1996 he assumed direct responsibility for the                                (Case T-12/98)
    management of the cover portfolio and the Guarantee
    Fund, which belies the contested decision, and,                                         (98/C 94/77)
    secondly, since Article 23 of the defendant's Staff
    Regulations places no limits on promotions to D, if                            (Language of the case: Italian)
    the real obstacle to the promotion in question was that
    there were fewer opportunities in the unit dealing with
    obligations, it would have sufficed to transfer the            An action against the Council of the European Union and
    applicant to another operational unit in order to              the Commission of the European Communities was
    resolve the problem.                                           brought before the Court of First Instance of the European
                                                                   Communities on 9 January 1998 by Argon srl, Berca srl,
                                                                   Bonaldi snc di Guidetti & Co., Camasped di Cassini
                                                                   Marco, Carioni Spedizioni Internazionali srl, Centro
                                                                   Servizi Doganali srl, Comimpex srl, EIR, Casa di
                                                                   spedizioni snc di Brassanelli Eligio & Co., Emmedue sas
                                                                   di Felisati & Co. in liquidazione, Errek sas, F.lli Colli srl,
Action brought on 16 July 1997 by SocietaÁ E-Quattro               F.lli Ramella srl, Greco Umberto di Umberto Greco snc,
  against the Commission of the European Communities               Lurasped di Luerti G. & C. sas in liquidazione, Monterisi
                        (Case T-10/98)                             Giuseppe & Co., Rossi Sergio & Co. snc, Servizi Doganali
                                                                   di Piras Giorgio & Co. snc, Spedizioni ST1 srl, Toccafondi
                         (98/C 94/76)                              Claudio Spedizioniere Doganale srl in liquidazione, Tre
                                                                   Esse snc di Torresani F.lli e Crescini Leandro, Unisped srl,
               (Language of the case: Italian)                     Vergani Spedizioni srl in liquidazione, represented by
                                                                   Gregorio Leone of the Milan Bar, and Mark Clough of the
                                                                   Bar of England and Wales, with an address for service in
An action against the Commission of the European                   Luxembourg at the Chambers of Aloyse May, 31 Grand-
Communities was brought before the Court of First                  Rue.
Instance of the European Communities on 16 July 1997
by SocietaÁ E-Quattro, represented by Giuseppe
Marchesini, of the Vicenza Bar, with an address for service        The applicants claim that the Court should:
in Luxembourg at the Chambers of Ernest Arendt, Rue
Mathias Hardt.
                                                                   Ð declare the defendants liable, within the meaning of
                                                                        the second paragraph of Article 215 of the Treaty, for
The applicant claims that the Court should:                             the damage caused to the applicant companies by the
                                                                        repercussions on their activities as authorised customs
                                                                        agent as a result of the provisions adopted by the
Ð order the Commission to make good the damage
                                                                        Council when organising the free movement of goods
    suffered and being suffered by the applicant as a result
                                                                        within the single market from 1 January 1993 without
    of the persistent delay in paying the balance of the
                                                                        taking the measures necessary to protect the interests
    services set out in the unpaid invoice,
                                                                        of the applicants, as well as for the fact that the
                                                                        Commission has not proposed, nor has the Council
Ð order, further, the Commission to make good the                       adopted, the measures necessary for the legitimate
    damage caused to the company by the unjustified                     protection of the rights of the applicants,