CELEX: C1998/378/40
Language: en
Date: 1998-12-05 00:00:00
Title: Action brought on 5 October 1998 by Henri de Compte against the European Parliament (Case T-161/98)

C 378/22              EN                  Official Journal of the European Communities                                   5.12.98
Pleas in law and main arguments adduced in support:                  The applicant claims that the Court should:
The applicants, who import bananas from third countries,             Ð annul the decision of 18 January 1988 downgrading
contest the Commission's decision to disregard, for the                  him from grade A 3 to grade A 7;
purposes of calculating the quantity of bananas which the
applicants may import in 1998, part of the quantity of
imported bananas declared by the applicants for the 1996             Ð order the European Parliament to pay the costs of the
reference year.                                                          present proceedings and of all proceedings concerning
                                                                         that decision;
They seek annulment of that decision on the following
grounds:                                                             Ð order the European Paliament:
Ð infringement of the second paragraph of Article 6 of                   Ð to pay over the guarantee fund relating to the
     Commission Regulation (EEC) No 1442/93: the                             person concerned;
     Commission did not inform the applicants prior to
     1 November 1997 of the quantity of bananas allocated                Ð to pay the applicant the difference in emoluments
     to them;                                                                between grade A 3 and grade A 7, together with
                                                                             the difference in pension;
Ð infringement of Article 190 of the EC Treaty: the
     contested decision is not supported by a statement of               Ð to pay compensation for the non-material loss
     reasons;                                                                suffered by him.
Ð breach of the applicants' procedural rights:                       Pleas in law and main arguments adduced in support:
     Ð breach of the rights of the defence, the right to a
         fair hearing and the right of access to the                 The applicant states that, in the course of proceedings
         documents in the file: the applicants were not              brought by the Parliament against the Royale Belge
         given access to the documents; the Commission               insurance company before the Tribunal d'Arrondissement,
         wrongly imposed on the applicants the burden of             Luxembourg, in which it sought indemnification in respect
         proof concerning the type of certificate used by            of an alleged loss of funds, the Parliament's representative
         their consignees in order to secure customs                 stated that the applicant was not responsible for the loss
         clearance of the bananas; and the Commission                of supporting documents Ð that being the main complaint
         disregarded the evidential weight attaching to the          on the basis of which the disciplinary measure was taken
         contractual obligations to which the applicants'            against him on 18 January 1988 Ð but for the loss of
         consignees were subject;                                    cash sums.
     Ð infringement of Article 2 of Regulation No 1
                                                                     The applicant maintains that that statement amounts to
         regulating the use of languages in the European
                                                                     a withdrawal of the main accusation which resulted
         Economic Community;
                                                                     in the imposition of the disciplinary measure by the
                                                                     administrative authority which made that accusation. He
Ð breach of the principle of sound management and of                 considers, therefore, that that measure should be annulled.
     the principle prohibiting arbitrary acts.
                                                                     Action brought on 12 October 1998 by Giuseppe Carraro
Action brought on 5 October 1998 by Henri de Compte                    against the Commission of the European Communities
               against the European Parliament
                                                                                            (Case T-164/98)
                       (Case T-161/98)
                                                                                             (98/C 378/41)
                         (98/C 378/40)
                (Language of the case: French)                                      (Language of the case: Italian)
An action against the European Parliament was brought                An Action against the Commission of the European
before the Court of First Instance of the European                   Communities was brought before the Court of First
Communities on 5 October 1998 by Henri de Compte,                    Instance of the European Communities on 12 October
residing at Gravelotte (France), represented by Henri                1998 by Giuseppe Carraro, represented by Giuseppe
Ferretti, of the Thionville Bar, with an address for service         Marchesini, of the Vicenza Bar, with an address for service
in Luxembourg at the Chambers of AndreÂ Lutgen, 1 Rue                in Luxembourg at the Chambers of Ernest Arendt, Rue
J.-P. Brasseur.                                                      Mathias Hardt.