CELEX: C1997/271/30
Language: en
Date: 1997-09-06 00:00:00
Title: Action brought on 17 June 1997 by Smanor SA, Hubert Segaud and Monique Segaud against the Commission of the European Communities (Case T-182/97)

C 271/18              1 EN I                  Official Journal of the European Communities                                    6 . 9 . 97
Action brought on 13 June 1997 by Maurizio Munaro                        Roques, of the Val de Marne Bar, with an address for
   against the Commission of the European Communities                    service at 9 Rue du Général de Larminat, Créteil (France ).
                          ( Case T-180/97)
                            ( 97/C 271 /29 )                             The applicant claims that the Court should:
                 (Language of the case: French)                          — annul the letter of the Secretary General of the
                                                                             Commission of 21 May 1997.
An action against the Commission of the European
Communities was brought before the Court of First                        Pleas in law and main arguments adduced in support:
Instance of the European Communities on 13 June 1997
by Maurizio Munaro, residing in Boussu ( Belgium ),
represented by Nicolas Lhoëst, of the Brussels Bar, with an              The applicants challenge the decision of the Commission
address for service in Luxembourg at the offices of                      not to take action on their complaint, concerning the
Fiduciaire Myson Sari, 30 Rue de Cessange.                               alleged failure of the French authorities to fulfil their
                                                                         obligations under Articles 30 to 36 of the EC Treaty,
                                                                         without examining certain documents which they consider
The applicant claims that the Court should :                             to be essential to prove the infringements complained of.
                                                                         In support of their action for annulment, they plead
                                                                         manifest and serious failure to observe :
— annul the Commission's decision of 12 August 19 96
     rejecting the applicant's request that it give
     consideration to the possible application of                        — the fundamental rights recognized under the European
     Article 31 (2 ) of the Staff Regulations,                               Convention on Human Rights,
— annul, in so far as may be necessary, the decision                     — the status of res judicata of the judgment delivered by
     adopted by the Commission on 3 February 1997,                           the Court of Justice on 14 July 1988 in Case 298/87,
     expressly rejecting the applicant's complaint,
                                                                         — the settled case-law concerning the principles of the
— order the defendant to pay all the costs.                                  liability of Member States for the whole of the harm
                                                                             caused to an individual by breaches of Community
                                                                             law for which they are responsible, and
Pleas in law and main arguments adduced in support:
                                                                         — the principle of equality of arms, which would militate
The pleas in law and main arguments are similar to those                     against the Commission's being able to exclude from
relied upon in Case T- 16/97 ( J ).                                          proceedings a number of documents which are
                                                                             essential in order to restore the rights of the parties in
                                                                             question .
(') OJ C 74, 8 . 3 . 1997, p . 27.
                                                                         Action brought on 19 June 1997 by Carla Micheli,
Action brought on 17 June 1997 by Smanor SA, Hubert                      Andrea Peirano, Carlo Nike Bianchi and Marinella
Segaud and Monique Segaud against the Commission of                      Abbate     against the     Commission of the European
                    the European Communities                                                      Communities
                          ( Case T-l 82/97 )                                                   ( Case T-183 /97 )
                             ( 97/C 271 /30 )                                                    ( 97/C 271 /31
                 (Language of the case: French)                                          (Language of the case: Italian)
An action against the Commission of the European                         An action against the Commission of the European
Communities was brought before the Court of First                        Communities was brought before the Court of First
Instance of the European Communities on 17 June 1997                     Instance of the European Communities on 19 June 1997
by Smanor SA, established in Saint Martin d'Ecublei                      by Carla Micheli, Andrea Peirano, Carlo Nike Bianchi and
( France ), Hubert Segaud and Monique Segaud, residing at                Marinella Abbate, represented by Wilma Viscardini Dona,
Saint Martin d'Ecublei ( France ), represented by Laurence               Mariano Paolin and Simonetta Dona, of the Padua Bar,