CELEX: C2003/007/43
Language: en
Date: 2003-01-11 00:00:00
Title: Case T-323/02: Action brought on 14 October 2002 by Monique Breton against Court of Justice of the European Communities

11.1.2003               EN                      Official Journal of the European Communities                                        C 7/21
      —     ‘water sport tow ropes, water sport tow handles;                     subscribers concerned or’ and ‘the choice between these
            water sport tow floats; inflatable tubes for rec-                    options to be determined by national legislation’ in
            reational use in water; towable water toys designed                  Article 13(3);
            to carry a rider; wake boards; wake board bindings;
            wake board fins; water skis; trick water skis; jump            —     make an appropriate order as to costs.
            skis; water ski bindings; adjustable ski fins; water ski
            boat tow harnesses; water ski gloves; knee boards;
            water sport boards; water sport gear bags; water ski,
            wakeboard and knee board bags; water sport goods;
            dampers for use with water skis; wake boards to                Pleas in law and main arguments
            limit vibration and adjust flex, all meant to be used
            for the practice of wakeboard’ in international
            class 28.                                                      The applicant, a frequent user of direct mailing over the
                                                                           internet and founder of the internet site Internet-libre.net,
—     order the defendant to pay the costs, fees and disburse-             seeks the annulment of the abovementioned provisions of
      ments of this case and of the previous proceedings and               Directive 2002/58/EC of the European Parliament and of the
      appeals before OHIM Examination Division and the Third               Council of 12 July 2002 concerning the processing of
      Board of Appeal respectively.                                        personal data and the protection of privacy in the electronic
                                                                           communications sector (Directive on privacy and electronic
                                                                           communications) (OJ 2002 L 201, p. 37).
Pleas in law and main arguments
                                                                           In support of its arguments, the applicant alleges lack of legal
                                                                           basis to the contested act insofar as its adoption was not
The pleas in law and main arguments advanced are identical                 necessary for the single market.
to those put forward in Case T-318/02 (H.O. Sports Company,
Inc. / OHIM).
                                                                           Furthermore, the directive in question fails to observe the right
                                                                           to freedom of expression mentioned in Articles 5 of the
                                                                           Declaration of Fundamental Rights and Freedoms, 11 of the
                                                                           Charter of Fundamental Rights of the European Union and 10
                                                                           of the European Convention for the Protection of Human
                                                                           Rights and Fundamental Freedom and the principle of free
                                                                           trade recognised by all the Member States and that of free
Action brought on 22 October 2002 by Paul Vannieuwen-                      competition, enshrined in particular in Articles 3 and 4 and
huyze-Morin against European Parliament and Council of                     Title VI of the Treaty.
                       the European Union
                         (Case T-321/02)
                           (2003/C 7/42)
                    (Language of the case: French)                         Action brought on 14 October 2002 by Monique Breton
                                                                             against Court of Justice of the European Communities
An action against the European Parliament and the Council of                                       (Case T-323/02)
the European Union was brought before the Court of First
Instance of the European Communities on 22 October 2002
by Paul Vannieuwenhuyze-Morin, residing in Grigny (France),                                         (2003/C 7/43)
represented by Guy Dupaigne, lawyer.
                                                                                              (Language of the case: French)
The applicant claims that the Court should:
—     annul Article 13(1) and (2) of Directive 2002/58/EC of
      the European Parliament and of the Council of 12 July                An action against the Court of Justice of the European
      2002 concerning the processing of personal data and the              Communities was brought before the Court of First Instance
      protection of privacy in the electronic communications               of the European Communities on 14 October 2002 by
      sector (Directive on privacy and electronic communi-                 Monique Breton, residing in Howald (Luxembourg), represent-
      cations), published in the Official Journal on 31 July               ed by Albert Coolen, Jean-Noël Louis and Étienne Marchal,
      2002, and the words ‘either without the consent of the               avocats.
 ---pagebreak--- C 7/22                EN                       Official Journal of the European Communities                                    11.1.2003
The applicant claims that the Court should:                               The applicant claims that the Court should:
—     annul the decision of the Registrar of the Court of Justice         —     annul the decision of 30 January 2002 of the Director
      to award the applicant 0.58 promotion points in respect                   General of Directorate General A of the Council to
      of 1998 and to award only one promotion point per year                    terminate the procedure under Article 29(1)(a) of the
      in respect of 1999 and 2000;                                              Staff Regulations to fill the post of Language Adviser in
                                                                                the English and Irish Language Division and to proceed
—     order the defendant to pay the costs.                                     to the next stage, namely the organisation of an internal
                                                                                competition under Article 29(1)(b);
                                                                          —     order the Council to pay to the applicant the sum of
Pleas in law and main arguments                                                 EUR 10 000 000 by way of compensation for material
                                                                                and non-material damage;
The applicant is challenging the decision of the appointing
authority to award her 0.58 promotion points in respect of                —     order the defendant to pay the costs.
1998 and to award her only one promotion point per year in
respect of 1999 and 2000.
                                                                          Pleas in law and main arguments
The applicant claims that no staff report has been drawn up
for her throughout the period in which she worked for the
defendant as a member of the temporary staff, that is to say              By judgment of 14 June 2001 in Case T-230/99, the Court
from 1 June to 30 November 1998. Nor was any report                       of First Instance annulled the decisions of the Council of
drawn up in her respect during her probation period (from                 15 December 1998 appointing Ms K to the post of language
1 December 1998 to 31 August 1999). Consequently, only                    adviser in the English Language Division and rejecting the
the analytical assessments in the staff report for the period             candidature of the applicant for the said post. The Council
from 1 September 1999 to 31 December 2000 were taken                      appealed that judgment. The appeal was held manifestly
into consideration, which prevented the appointing authority              inadmissible by order of the Court of Justice of
from taking account of the applicant’s ‘merits’ as set out in the         13 December 2001.
general assessment and in the reporting officer’s observations.
                                                                          The applicant claims that, in consequence of that judgment,
In support of her claims, the applicant alleges:                          the Council was obliged to re-examine his application for the
                                                                          post in question. By failing to carry out such re-examination,
—     infringement of Article 45 of the Staff Regulations;                the Council has, in the applicant’s view, infringed Article 233
                                                                          of the EC Treaty. The applicant further alleges manifest error
—     infringement of paragraph 5 of the ‘Instructions relatives          of assessment and misuse of powers.
      aux promotions’ appended to the decision of the Court
      of 18 October 2000;
—     manifest error of assessment in the present case.
                                                                          Action brought on 30 October 2002 by Nordspedizionieri
                                                                          Danielis Livio & Co., a partnership between Livio Danielis
                                                                          and Domenico D’Alessandro, in liquidation, against Com-
                                                                                      mission of the European Communities
Action brought on 18 October 2002 by Hans Mc Auley
            against Council of the European Union
                                                                                                  (Case T-332/02)
                        (Case T-324/02)
                                                                                                   (2003/C 7/45)
                         (2003/C 7/44)
                                                                                            (Language of the case: Italian)
                   (Language of the case: French)
                                                                          An action against the Commission of the European Communi-
An action against the Council of the European Union was                   ties was brought before the Court of First Instance of the
brought before the Court of First Instance of the European                European Communities on 30 October 2002 by Nordspedi-
Communities on 18 October 2002 by Hans Mc Auley, residing                 zionieri Danielis Livio & Co., a partnership between Livio
in Wezembeek-Oppem (Belgium), represented by Albert Cool-                 Danielis and Domenico D’Alessandro, in liquidation, represent-
en, Jean-Noël Louis and Étienne Marchal, avocats.                         ed by Gregorio Leone, lawyer.