CELEX: C1998/234/65
Language: en
Date: 1998-07-25 00:00:00
Title: Action brought on 27 May 1998 by Frans Jacobs against the Commission of the European Communities (Case T-82/98)

C 234/34               EN                  Official Journal of the European Communities                                   25.7.98
The applicant seeks relief from the Court of First Instance           Action brought on 29 May 1998 by FeÂdeÂration
on the ground that in rejecting her complaint the                     Internationale de l'Automobile against the Commission of
Commission failed to properly investigate the question                                 the European Communities
whether her rights under Article 85 could be adequately                                      (Case T-85/98)
safeguarded by the national courts of the United Kingdom.
                                                                                              (98/C 234/66)
(1) Commission Regulation (EEC) No 1984/83 of 22 June 1983
    on the application of Article 85(3) of the EC Treaty to
    categories of exclusive purchasing agreements (OJ L 173 of                       (Language of the case: English)
    30.6.1983, p. 5).
(2) OJ C 206 of 30.7.1993, p. 2.
                                                                      An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                                                                      Instance of the European Communities on 29 May 1998
                                                                      by FeÂdeÂration Internationale de l'Automobile, represented
                                                                      by Lord Lester of Herne Hill QC, Mark Hoskins, Craig
                                                                      Pouncey and Veronica Roberts, with an address for service
Action brought on 27 May 1998 by Frans Jacobs against                 in Luxembourg at the Chambers of Georges Baden, 7
       the Commission of the European Communities                     Place du TheÂaÃtre.
                         (Case T-82/98)
                          (98/C 234/65)                               The applicant claims that the Court should:
                (Language of the case: French)
                                                                      Ð declare the Commission decision adopted on or
                                                                          around 22 December 1997 to provide to members of
An action against the Commission of the European                          the press copies of the warning letters dated
Communities was brought before the Court of First                         19 December 1997 was unlawful and is therefore
Instance of the European Communities on 27 May 1998                       void; and
by Frans Jacobs, residing at Walshoutem (Belgium),
represented by Jean-NoeÈl Louis, VeÂronique Leclercq,
Ariane Tornel and FrancËoise Parmentier, of the Brussels              Ð make an order for nominal damages in the sum of one
Bar, with an address for service in Luxembourg at the                     hundred ECUs for non-pecuniary harm caused to the
offices of Fiduciaire Myson SaÁrl, 30 Rue de Cessange.                    applicant's reputation;
The applicant claims that the Court should:                           Ð order that the Commission must make good the
                                                                          pecuniary loss suffered by the applicant as a result of
Ð annul the Commission's decision not to promote the                      the Commission's unlawful acts, namely, the leaking
     applicant to grade B 4 in the 1997 promotions                        of the warning letters to the press and the statements
     procedure;                                                           made to the press by Mr Van Miert;
Ð order the defendant to pay the costs.                               Ð order that the Commission should pay interest at the
                                                                          annual rate of 8 % as from the date of judgment in
Pleas in law and main arguments adduced in support:                       these proceedings;
In support of his claim, the applicant maintains, first, that         Ð order the Commission to pay the costs.
the contested decision is vitiated by the complete absence
of any statement of reasons, contrary to Article 25 of the
Staff Regulations of officials.                                       Pleas in law and main arguments adduced in support:
He further states that, although he has been eligible for             The applicant in the present case (the FIA) is an
promotion since 1 May 1997, no staff report or any other              association declared in conformity with the French law of
report concerning his conduct, efficiency and ability has             1 July 1901 and enjoying consultative status at the
been drawn up as required by Article 43 of the Staff                  Council of Europe and at the United Nations. It is an
Regulations. The applicant considers that, in the absence             international federation of 143 national automobile clubs,
of such a report, the defendant was unable to make any                automobile associations, touring clubs and national
lawful assessment, on the same basis, of the comparative              federations for motoring and motor sport, representing
merits of the applicant and of those of his colleagues who            113 countries and over 100 million motorists. Through its
were eligible for promotion to grade B 4, and that the                Sports Division and its affiliated National Sporting
contested decision therefore disregards Article 45 of the             Authorities, the FIA lays down rules accepted throughout
Staff Regulations and the principles of equal treatment               the world as governing all categories of international
and non-discrimination.                                               motor sport for vehicles with four or more wheels. These
                                                                      rules are contained in the International Sporting Code. In
                                                                      addition, the FIA has an economic interest in certain