CELEX: C1998/397/42
Language: en
Date: 1998-12-19 00:00:00
Title: Appeal brought on 2 November 1998 by Hans Gevaert against the order made on 19 August 1998 by the First Chamber of the Court of First Instance of the European Communities in Case T-160/97 between Hans Gevaert and the Commission of the European Communities (Case C-389/98 P)

C 397/24              EN                    Official Journal of the European Communities                                       19.12.98
the EC Treaty to adopt the measures needed to transpose                           Ð in so far as may be necessary, annul the
directives into national law before the expiry of the period                          decision adopted by the Commission on
laid down for that purpose and to communicate those                                   3 February 1997 expressly rejecting the
measures immediately to the Commission. That period                                   appellant's complaint;
expired on 31 December 1996 without the Hellenic
Republic having communicated to the Commission
                                                                            (c) order the defendant to pay all the costs of both
provisions transposing the directive at issue into national
                                                                                  sets of proceedings.
law.
(1) OJ L 365, 31.12.1994, p. 34.                                       Pleas in law and main arguments adduced in support:
                                                                       Ð Erroneous legal characterisation of the appellant's
                                                                            request, giving rise to incorrect legal consequences:
                                                                            the appellant's request, although based on
                                                                            Article 31(2) of the Staff Regulations of officials, was
                                                                            intended to secure an assessment of his qualifications
Appeal brought on 2 November 1998 by Hans Gevaert
                                                                            with a view to a possible revision of his current
against the order made on 19 August 1998 by the First
                                                                            classification, not of his initial classification, the latter
Chamber of the Court of First Instance of the European
                                                                            being neither directly nor indirectly in issue.
Communities in Case T-160/97 between Hans Gevaert
    and the Commission of the European Communities
                       (Case C-389/98 P)                               Ð (In the alternative) erroneous legal characterisation of
                                                                            the decision of 7 February 1996 (Administrative
                         (98/C 397/42)                                      Notices of 27.3.1996) by which the Commission
                                                                            amended its decision concerning the criteria
                                                                            applicable to appointment in grade and classification
An appeal against the order made on 19 August 1998 by                       in step upon recruitment; breach of the principle of
the First Chamber of the Court of First Instance of the                     equality of treatment and infringement of Article 5(3)
European Communities in Case T-160/97 between Hans                          of the Staff Regulations of officials: to reserve the
Gevaert and the Commission of the European                                  benefit of the Commission's decision of 7 February
Communities was brought before the Court of Justice of                      1996 solely to officials appointed after it entered into
the European Communities on 2 November 1998 by Hans                         force, notwithstanding that those officials would in
Gevaert, represented by Nicolas LhoeÈst, of the Brussels                    the future be working in the same institution
Bar, with an address for service in Luxembourg at the                       alongside other officials classified in accordance with
Offices of the Fiduciaire Myson SARL, 30 Rue de                             earlier (less favourable) criteria, would be wholly
Cessange.                                                                   contrary to the principle of euqality of treatment.
The appellant claims that the Court should:                            Ð Contradictory statements in the grounds of the
                                                                            judgment.
1.   declare the appeal admissible and well founded;                   (1) Order of 19.8.1998 in Case T-160/97 (OJ C 327, 24.10.1998,
                                                                           p. 24).
2.   consequently:
     (a) set aside the order made (1);
     (b) itself determine the proceedings and, allowing the            Action brought on 4 November 1998 by the Commission
          appellant's initial application:                             of the European Communities against the Hellenic
                                                                                                   Republic
          Ð rule that the appellant's request for                                              (Case C-391/98)
              consideration to be given to the possible
              application of Article 31(2) of the Staff                                         (98/C 397/43)
              Regulations,      with    a      view     to    his
              reclassification in grade with effect from
              5 October 1995, is admissible;                           An action against the Hellenic Republic was brought
                                                                       before the Court of Justice of the European Communities
          Ð consequently,        annul     the    Commission's         on 4 November 1998 by the Commission of the European
              decision of 26 August 1996 rejecting the                 Communities, represented by Maria Kondou-Durande, of
              appellant's request for an examination of the            its Legal Service, with an address for service in
              possible application of Article 31(2) of the             Luxembourg at the Office of Carlos Gómez de la Cruz, of
              Staff Regulations;                                       its Legal Service, Wagner Centre, Kirchberg.