CELEX: C1999/100/36
Language: en
Date: 1999-04-10 00:00:00
Title: Judgment of the Court of First Instance of 11 February 1999 in Case T-79/98: Manuel Tomás Carrasco Benítez v. European Agency for the Evaluation of Medicinal Products (EMEA) (Temporary staff - Grading - Professional experience - Manifest error of assessment - Acquired rights - Duty to have regard for the welfare and interests of staff - Reasonable career prospects - Equality of treatment and non-discrimination - Absence of a statement of reasons)

C 100/18             EN                 Official Journal of the European Communities                                10.4.1999
  JUDGMENT OF THE COURT OF FIRST INSTANCE                          represented by Jean-NoeÈl Louis and FrancËoise Parmentier,
                                                                   of the Brussels Bar, with an address for service in
                    of 11 February 1999                            Luxembourg at the Offices of Fiduciaire Myson SARL, 30
in Case T-244/97: Chantal Mertens v. Commission of the             Rue de Cessange, v. Commission of the European
                 European Communities (1)                          Communities (Agents: Gianluigi Valsesia and Julian
                                                                   Currall) Ð application for annulment of the Commission's
(Officials Ð Competitions Ð Conditions for admission Ð             decision of 11 March 1997 rejecting the candidature of
                         Evidence)                                 the applicant, an official of the institution, for a post
                      (1999/C 100/34)                              advertised in the context of a procedure for the selection
                                                                   of temporary staff Ð the Court of First Instance (Third
                                                                   Chamber), composed of: M. Jaeger, President, and K.
               (Language of the case: French)
                                                                   Lenaerts and J. Azizi, Judges; A. Mair, Administrator, for
                                                                   the Registrar, has given a judgment on 11 February 1999,
In Case T-244/97: Chantal Mertens, an official of the              in which it:
Commission of the European Communities, residing at
Zellik (Belgium), represented by Lucas Vogel, of the
Brussels Bar, with an address for service in Luxembourg at         1. Annuls the Commission's decision of 11 March 1997
the Chambers of Christian Kremer, 8-10 Rue Mathias                     rejecting the candidature of Carlos Alberto Leite
Hardt, v. Commission of the European Communities                       Mateus for the vacant post advertised under reference
(Agent: Christine Berardis-Kayser) Ð application for                   No NPPR/2002/96.
annulment of the implicit decision rejecting the complaint
lodged by the applicant on 28 January 1997 and, in so far
as may be necessary, of the decisions of the selection             2. Orders the Commission to pay the costs.
board in competition COM/C/3/95, notified to the
applicant on 13 January and 22 August 1997, refusing to            (1) OJ C 94, 28.3.1998.
include her name in the list of suitable candidates for that
competition, together with annulment of the decision
notified to the applicant on 9 June 1997 by the Director-
General of the Directorate-General for Personnel and
Administration Ð the Court of First Instance (Third
Chamber), composed of: M. Jaeger, President, and K.
Lenaerts and J. Azizi, Judges; J. Palacio GonzaÂlez,
Administrator, for the Registrar, has given a judgment on            JUDGMENT OF THE COURT OF FIRST INSTANCE
11 February 1999, in which it:
                                                                                       of 11 February 1999
1. Dismisses the application.                                      in Case T-79/98: Manuel TomaÂs Carrasco Benítez v.
                                                                   European Agency for the Evaluation of Medicinal
                                                                                       Products (EMEA) (1)
2. Orders the parties to bear their own costs.
                                                                   (Temporary staff Ð Grading Ð Professional experience Ð
 1
                                                                   Manifest error of assessment Ð Acquired rights Ð Duty
( ) OJ C 331, 1.11.1997.
                                                                   to have regard for the welfare and interests of staff Ð
                                                                   Reasonable career prospects Ð Equality of treatment and
                                                                    non-discrimination Ð Absence of a statement of reasons)
                                                                                         (1999/C 100/36)
                                                                                  (Language of the case: French)
  JUDGMENT OF THE COURT OF FIRST INSTANCE
                    of 11 February 1999
                                                                   In Case T-79/98: Manuel TomaÂs Carrasco Benítez, a
in Case T-21/98: Carlos Alberto Leite Mateus v.                    member of the temporary staff of the European Agency
       Commission of the European Communities (1)                  for the Evaluation of Medicinal Products, residing in
(Officials Ð Compatibility of the status of an official with       London, represented by Jean-NoeÈl Louis and FrancËoise
that of a member of the temporary staff Ð Resignation Ð            Parmentier, of the Brussels Bar, with an address for service
Obligation to state reasons Ð Call for expressions of              in Luxembourg at the Offices of Fiduciaire Myson SARL,
                          interest)                                30 Rue de Cessange, v. European Agency for the
                                                                   Evaluation of Medicinal Products (EMEA) (Agents:
                      (1999/C 100/35)                              Marino Riva, Frances Nuttall, Denis Waelbroeck and
                                                                   Olivier Speltdoorn) Ð application for annulment of the
               (Language of the case: French)                      decision fixing the applicant's grade as grade A 7, step 3,
                                                                   upon his engagement as a member of the temporary staff
                                                                   Ð the Court of First Instance (Third Chamber), composed
In Case T-21/98: Carlos Alberto Leite Mateus, an official          of: M. Jaeger, President, and K.- Lenaerts and J. Azizi,
of the Commission of the European Communities,                     Judges; J. Palacio GonzaÂlez, Administrator, for the
 ---pagebreak--- 10.4.1999            EN                Official Journal of the European Communities                                C 100/19
Registrar, has given a judgment on 11 February 1999, in           committed its error without her having at any time been
which it:                                                         aware of it; nor could she reasonably have been expected
                                                                  to have known of it.
1. Dismisses the application.
                                                                  Consequently, she pleads infringement, in the present case,
2. Orders the parties to bear their own costs.                    of Article 85 of the Staff Regulations.
(1) OJ C 234, 25.7.1998.
                                                                  Action brought on 21 January 1999 by Dansk Rùrindustri
                                                                  A/S (Starpipe) against the Commission of the European
Action brought on 19 January 1999 by Marie-Jeanne                                          Communities
Kraus against the Commission of the European
                         Communities                                                      (Case T-21/99)
                       (Case T-14/99)                                                    (1999/C 100/38)
                      (1999/C 100/37)
                                                                                 (Language of the case: Danish)
               (Language of the case: French)
An action against the Commission of European                      An action against the Commission of the European
Communities was brought before the Court of First                 Communities was brought before the Court of First
Instance of the European Communities on 19 January                Instance of the European Communities on 21 January
1999 by Marie-Jeanne Kraus, residing in Luxembourg,               1999 by Dansk Rùrindustri A/S (Starpipe), Fredericia,
represented by Lex Thielen, of the Luxembourg Bar, with           represented by Karen Dyekjñr-Hansen and Katja Hùegh,
an address for service at his Chambers, 10 Rue Willy              of the Copenhagen Bar, with an address for service in
Goergen, Luxembourg.                                              Luxembourg at the Chambers of Aloyse May, 31 Grand-
                                                                  Rue
The applicant claims that the Court should:
                                                                  The applicant claims that the Court should:
Ð annul the decisions requiring the applicant to repay
    the household allowance received by her during the
    period from November 1986 to February 1998;                   Ð annul Article 1 of Commission Decision C(1998) 3117
                                                                      of 21 October 1998 (1), to the extent to which it
                                                                      concerns the applicant, in so far as it finds that the
Ð alternatively, annul the decisions requiring the                    applicant participated in a complex of agreements and
    applicant to repay the household allowance received               concerted practices' which lasted without interruption
    by her during the period from November 1986 to                    from about November/December 1990 to at least
    October 1995;                                                     March or April 1996';
Ð order the defendant to pay the costs.
                                                                  Ð annul, in relation to the applicant, the final indent in
                                                                      Article 1 of the Commission Decision, which states
                                                                      that the applicant, in conjunction with the other
Pleas in law and main arguments adduced in support:                   producers, in order to protect the cartel from
                                                                      competition from the only substantial non-member,
                                                                      Powerpipe AB (agreed) and (took) concerted measures
The applicant contests the appointing authority's decision            to hinder its commercial activity, damage its business
to recover the sum of LUF 793 292 allegedly paid to her               or drive it out of the market altogether';
in error by way of household allowance during the period
from her entry into service in November 1986 to February
1998.
                                                                  Ð reduce the fine imposed on Dansk Rùrindustri A/S;
The applicant denies that she was aware of the irregularity
of the payments in issue, and further denies that they were       Ð order the Commission to pay the costs of Dansk
manifestly irregular. In her view, the administration                 Rùrindustri A/S.