CELEX: C1995/208/74
Language: en
Date: 1995-08-12 00:00:00
Title: Action brought on 9 June 1995 by Lars Bo Rasmussen against the Commission of the European Communities (Case T-130/95)

12 . 8 . 95              EN                 Official Journal of the European Communities                              No C 208 /35
       Communities, such aid being, moreover, a prerequisite           — order the Commission to pay the costs .
       for their performance .
                                                                       Pleas in law and main arguments adduced in support:
As regards the substance, the applicant puts forward the
following pleas in law :                                               The pleas in law and arguments are identical to those in Case
                                                                       T-126/95 .
( a ) Failure to state reasons : the contested decision does not
       state the reasons on which it is based, as required by
       Article 190 of the EC Treaty.
( b) Infringement of Article 155 of the EC Treaty: by failing
       to act in the present case , the Commission did not             Action brought on 3 June 1995 by Aeroports de Paris (ADP)
       discharge its duty under Article 155 of the Treaty to             against the Commission of the European Communities
       ensure that Greece applied Community law.
                                                                                             ( Case T-l 28/95 )
(c ) Error in law or manifest error of assessment: the                                          ( 95/C 208/73 )
       Commission has committed either an error in law, if it
       considered that there was no reason to take further                            (Language of the case: French)
       steps against Greece on the ground that Community
       law had not been infringed, or a manifest error of
                                                                       An action against the Commission of the European
       assessment, if it considered that the infringements in          Communities was brought before the Court of First
       question were not sufficient to justify the initiation of       Instance of the European Communities on 3 June 1995 by
       the infringement procedure against the Hellenic                 Aeroports de Paris (ADP ), whose registered office is in Paris,
       Republic . It can scarcely be disputed , in the applicant's
                                                                       represented by Hugues Calvet of the Paris Bar, with an
       view, that the principle of equal treatment of tenderers        address for service in Luxembourg at the Chambers of
       has been infringed in several respects and that the Greek       Aloyse May, 31 Grand-Rue.
       authorities have manifestly disregarded Articles 30 and
       59 of the EC Treaty and the Council directives on the
       award of public contracts.                                      The applicant claims that the Court should :
                                                                       — annul the Commission 's decision of 29 March 1995
                                                                           refusing to take further steps against the Hellenic
                                                                           Republic for failure to fulfil its obligations under
                                                                           Community law with respect to the award of the public
                                                                           contract for Athens airport,
Action brought on 5 June 1995 by Societe Auxiliaire
                                                                       — in the alternative, declare that the Commission failed to
d'Entreprises ( SAE ) against the Commission of the
                                                                           act,
                       European Communities
                          ( Case T-127/95 )                            — order the Commission to pay the whole of the costs
                            ( 95/C 208/72 )                                incurred by ADP in connection with the present
                                                                           application for annulment.
                   (Language of the case: French)
                                                                       Pleas in law and main arguments adduced in support:
An action against the Commission of the European                       The pleas in law and arguments are similar to those in Case
 Communities was brought before the Court of First                     T-126/95 .
 Instance of the European Communities on 5 June 1995 by
 Societe Auxiliaire d'Entreprises ( SAE ), whose registered
 office is at Issy-les-Moulineaux ( France ), represented by
 Alexandre Carnelutti, of the Paris Bar .
The applicant claims that the Court should :                           Action brought on 9 June 1995 by Lars Bo Rasmussen
                                                                         against the Commission of the European Communities
— annul the Commission's decision of 29 March 1995 ,                                          ( Case T-130/95 )
                                                                                                 ( 95/C 208/74 )
 — in the alternative, declare that the Commission
      unlawfully omitted to initiate the procedure for failure
      to fulfil its obligations against the Hellenic Republic, on                     (Language of the case: French)
      account of the serious and repeated infringements of
      Community law committed by the Greek Government in               An action against the Commission of the European
      connection with the procedure for awarding the                   Communities was brought before the Court of First
      contract for the new Athens airport,                             Instance of the European Communities on 9 June 1995 by
 ---pagebreak--- No C 208/36           EN                   Official Journal of the European Communities                                   12 . 8 . 95
Lars Bo Rasmussen, residing at Dalheim ( Luxembourg ),                Jean-Noel Louis, Thierry Demaseure and Ariane Tornel, of
represented by Carlo Revoldini , of the Luxembourg Bar,               the Brussels Bar, with an address for service in Luxembourg
with an address for service at the latter 's Chambers, 180            at the offices of Fiduciaire Myson Sari, 1 Rue Glesener.
Route de Longwy.
                                                                      The applicant claims that the Court should :
The applicant claims that the Court should :
                                                                      — annul the decision of the Commission fixing Brussels as
— annul the Commission's decision not to promote him to                    the applicant's place of recruitment, together with all
    grade A 4 in the 1992 promotions exercise and, in so far               subsequent decisions,
    as is necessary, the Commission's rejection, dated
    3 March 1995 , of his complaint and its decision to               — order the defendant to pay the costs.
    promote to grade A 4 the officials on the list published in
    Administrative     Information      Bulletin   No   859   of
                                                                      Pleas in law and main arguments adduced in support:
    8 September 1994 ,
                                                                      The pleas in law and main arguments are the same as those
— order the Commission to pay damages by way of                       in Case T-33/95 (').
    compensation for the material and non-material damage
    suffered by the applicant, further and better particulars
    of which he reserves the right to provide during the              (M OJ No C 101 , 22 . 4 . 1995 .
    proceedings,
— order the Commission to pay the costs .
Pleas in law and main arguments adduced in support:
                                                                      Action brought on 3 July 1995 by Friedrich Engelking
In support of his application, the applicant pleads                   against the Council of the European Union and the
infringement of Article 45 ( 1 ) of the Staff Regulations .                     Commission of the European Communities
                                                                                              ( Case T-138/95 )
In that connection he submits that the Commission was                                           ( 95/C 208/76 )
unable to take his merits as an official in grade A 5 into
consideration, since there was no staff report on him for the
                                                                                     (Language of the case: German)
period 1991 to 1993 .
Secondly, the applicant points out that the Commission                An action against the Council of the European Union and
compared his merits only with those of officials in                   the Commission of the European Communities was brought
Directorate-General       V     and  not  with    those  of  all      before the Court of First Instance of the European
Commission officials in grade A 5 who were eligible for               Communities on 3 July 1995 by Friedrich Engelking, of
promotion .                                                           Raddestorf, Federal Republic of Germany, represented by
                                                                      Bernd Meisterernst, Mechtild Düsing, Dietrich Manstetten,
Lastly, the applicant claims that promotions to grade A 4 are         Frank Schulze and Winfried Haneklaus , Rechtsanwälte,
not made on the basis of consideration of the comparative             Münster, with an address for service in Luxembourg at the
merits of the officials eligible for promotion but on the basis       Chambers of Dupong & Associés, 14a Rue des Bains .
of priority points which each Directorate-General has at its
disposal according to the number of officials eligible for            The applicant claims that the Court should :
promotion and which it may allocate as it wishes .
                                                                       1 . order the defendants to pay the applicant SLOM-II
                                                                            compensation for the period from 2 April 1984 to
                                                                            13 June 1991 in the amount of DM 110 021,93 together
                                                                            with interest at 8 % for the period from 19 May 1992,
                                                                            and order the defendants to pay the costs of the
                                                                            proceedings;
Action brought on 19 June 1995 by Peter Gammeltoft
  against the Commission of the European Communities
                                                                      2 . join the present application with the pending Case
                        ( Case T-132/95 )                                   T-77/93 Hülseberg and Others v. Council and
                          ( 95 /C 208/75                                    Commission and likewise stay the proceedings .
               (Language of the case: French)                         Pleas in law and main arguments adduced in support:
                                                                      The pleas in law and main arguments are similar to those in
An action against the Commission of the European                       Case T-20/94 .
Communities was brought before the Court of First
Instance of the European Communities on 19 June 1995 by
 Peter Gammeltoft, residing in Brussels, represented by