CELEX: C1998/299/68
Language: en
Date: 1998-09-26 00:00:00
Title: Action brought on 13 July 1998 by Jean Lesueur against the Council of the European Union (Case T-107/98)

C 299/38              EN                 Official Journal of the European Communities                                    26.9.98
In support of his application he argues, inter alia:                Communities on 13 July 1998 by Jean Lesueur, resident in
                                                                    Brussels, represented by Jean-NoeÈl Louis, VeÂronique
Ð that the author of the decision lacked jurisdiction or            Leclercq, Ariane Tornel and FrancËoise Parmentier, of the
    that the decision lacks any constitutional or legal basis       Brussels Bar, with an address for service in Luxembourg at
    in that the defendant is, on the basis of a simple              the offices of Fiduciaire Myson SARL, 30, rue de
    declaration which does not constitute an amendment              Cessange.
    or provision having the force of primary law,
    purporting to enact a piece of delegated legislation            The applicant claims that the Court should:
    which it is not constitutionally authorised to adopt.
    Furthermore, the applicant argues that there is a
                                                                    Ð annul the Council decision of 6 October 1997 refusing
    discrepancy between the scope of the declaration,
                                                                         the request for refund of that part of the pension
    which presumably constitutes the basis of the disputed
                                                                         rights transferred to the Community pensions regime
    decision, and the decision itself, in that the decision is
                                                                         which was not taken into consideration in the
    general in nature,
                                                                         calculation of the pensionable service to be taken into
                                                                         account pursuant to Article 11(2) of Annex VIII to the
Ð breach of Articles 11, 12, 16 and 17 of the Staff                      Staff Regulations,
    Regulations in so far as the disputed decision institutes
    security screening by the national authorities and
                                                                    Ð order the Council to pay the costs.
    withdraws the appointing authority's autonomous
    power to adopt a decision in the event that the
    national authorities' opinion is negative and places            Pleas in law and main arguments adduced in support:
    officials and employees affected by such screening in a
    position of dependence. Similarly, both Article 23 of           The pleas in law and main arguments are those already
    the Staff Regulations and the Protocol on Privileges            raised in Case T-103/98 Kristensen v. Council (1).
    and Immunities of the European Communities have,
    according to the applicant, been ignored in so far as
    they provide for a legal system of official immunity in         (1) See page 36 of this Official Journal.
    relation to the accomplishment of tasks entrusted to
    officials,
Ð breach of Article 26 of the Staff Regulations in so far
    as the disputed decision provides for the constitution
    of a security file in addition to the single file referred      Action brought on 20 July 1998 by RJB Mining plc
    to in Article 26,                                                  against the Commission of the European Communities
                                                                                             (Case T-110/98)
Ð breach of Article 24 of the Treaty establishing a single                                    (98/C 299/69)
    Council and a single Commission of the European
    Communities of 8 April 1965, and of the Council
                                                                                    (Language of the case: English)
    decision of 23 June 1981 establishing a concertation
    procedure, breach of essential procedural requirements
    and hierarchy of legal sources in so far as the disputed        An action against the Commission of the European
    decision, which is a simple decision, implicitly                Communities was brought before the Court of First
    purports to amend several provisions of the Staff               Instance of the European Communities on 20 July 1998
    Regulations which are statutory in nature. In                   by RJB Mining plc, represented by Mark Brealey and
    particular, there was no prior proposal by the                  Jonathan Lawrence, with an address for service in
    Commission neither were the institutions consulted.             Luxembourg at the offices of Arendt & Medernach, 8Ð
                                                                    10, rue Mathias Hardt, boite postale 39.
(1) OJ L 140, 12.5.1998, p. 12.
                                                                    The applicant claims that the Court should:
                                                                    Ð annul the Commission Decision of 10 June 1998
                                                                         relating to financial interventions from Germany to
                                                                         the coal industry in 1997, which purports to authorise
Action brought on 13 July 1998 by Jean Lesueur against                   Germany to grant aid to its coal industry, and
             the Council of the European Union
                       (Case T-107/98)                              Ð order that the Commission pay the costs of the action,
                        (98/C 299/68)                                    including those of the applicant.
               (Language of the case: French)                       Pleas in law and main arguments adduced in support:
An action against the Council of the European Union was             The applicant is an independently owned coal-mining
brought before the Court of First Instance of the European          company incorporated in England and Wales. Its major