CELEX: C2001/045/41
Language: en
Date: 2001-02-10 00:00:00
Title: Case T-343/00: Action brought on 13 November 2000 by Leandro Mercade Llordachs against European Parliament

C 45/18                EN                      Official Journal of the European Communities                                      10.2.2001
                                                         COURT OF FIRST INSTANCE
Action brought on 7 November 2000 by Anthony Gold-                        Action brought on 13 November 2000 by Leandro Merca-
stein against the Council of the European Union and the                             de Llordachs against European Parliament
         Commission of the European Communities
                                                                                                  (Case T-343/00)
                         (Case T-336/00)
                                                                                                   (2001/C 45/41)
                          (2001/C 45/40)
                                                                                             (Language of the case: French)
                   (Language of the case: English)
An action against the Council of the European Union and the               An action against the European Parliament was brought before
Commission of the European Communities was brought                        the Court of First Instance of the European Communities on
before the Court of First Instance of the European Communities            13 November 2000 by Leandro Mercade Llordachs, residing
on 7 November 2000 by Anthony Goldstein, represented by                   in Woluwé-Saint-Pierre (Belgium), represented by Jean-Noël
Raymond St John Murphy, Solicitor of Merriman White,                      Louis and Véronique Peere, of the Brussels Bar.
London (UK).
                                                                          The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                          —     annul the decision of the President of the European
—     declare Directive 93/16 is in breach of Article 218 EC;                   Parliament of 15 March 2000 to transfer the applicant
                                                                                from the European Parliament to the European Com-
—     order the defendant to pay damages in the amount of                       mission;
      EUR 1 000 000 to the applicant;
                                                                          —     order the defendant to pay the costs.
—     order the amount of damages to bear default interest at
      the annual rate of 4,5 % from the date of the judgment
      until the actual payment;                                           Pleas in law and main arguments
—     order the defendant to pay the costs of the applicant.
                                                                          The applicant in the present case objects to the decision of the
                                                                          defendant annulling the decision of 12 February 1998, where-
Pleas in law and main arguments                                           by he was transferred from the Commission to the European
                                                                          Parliament. It is precisely on the basis of that transfer decision
                                                                          that he was appointed in the latter institution to the post of
The applicant in the present case claims for damages in respect           Head of Division at Grade A 3. The decision at issue was taken
of the Commission decision allegdly contained in the letter of            in compliance with the judgment delivered by the Court of
30 July 1998, inasmuch as it has considered that the grant to             First Instance on 15 December 1999 in T-144/98 Cantoreggi
him by the British Authorities of a certificate of specialist             v European Parliament (1), which annulled the abovementioned
training, as forseen in Articles 4 and 5 of Regulation 75/363             transfer decision.
(now Articles 26 and 27 of Directive 93/16/EEC, of 5 April
1993 to facilitate the free movement of doctors and the mutual
recognition of their diplomas, certificates and other evidence            In support of his arguments the applicant alleges:
of formal qualifications (1)), was illegal, because contrary to the
Directive.                                                                —     breach of the duty to provide reasons, inasmuch as the
                                                                                contested decision was not notified to him.
The applicant submits as well, on the basis of Article 241 of
the EC Treaty, the illegality of the above mentioned directive.           —     infringement of Article 233 of the Treaty, inasmuch as
It is stated on this point tat the English text of this Directive               the Court of First Instance did not annul the decision of
does not correspond to the French text and that the discrep-                    12 February 1998 in so far as it transferred the applicant
ancies constitute a manifest error and grave attempt by the                     from the Commission to the Parliament. In fact, the
Council to alter the sense of a provision of Community Law                      question of the legality of the transfer decision at issue
and compromise its objectives.                                                  was not raised before the Court in Case T-144/98.
(1) OJ EEC L 165, of 7.7.1993, p. 1.                                      (1) ECR 1999, p. FP-IA-271, II-1325.