CELEX: C2000/034/52
Language: en
Date: 2000-02-05 00:00:00
Title: Case T-324/99: Action brought on 17 November 1999 by Association des Fonctionnaires Indépendants pour la Défense de la Fonction Publique Européenne (TAO/AFI) and Rosario De Simone against Commission of the European Communities

5.2.2000              EN                     Official Journal of the European Communities                                     C 34/27
Action brought on 29 October 1999 by Grooters Rekken                    Action brought on 17 November 1999 by Association
B.V., Grooters Eibergen B.V., Tussenhoudstermaatschap-                  des Fonctionnaires Indépendants pour la Défense de la
pij Wija B.V. and H. Grooters against the Commission of                 Fonction Publique Européenne (TAO/AFI) and Rosario
                 the European Communities                               De Simone against Commission of the European Com-
                                                                                                     munities
                        (Case T-267/99)
                                                                                                 (Case T-324/99)
                         (2000/C 34/51)
                                                                                                  (2000/C 34/52)
                   (Language of the case: Dutch)                                           (Language of the case: French)
An action against the Commission of the European Communi-               An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the              ties was brought before the Court of First Instance of the
European Communities on 29 October 1999 by Grooters                     European Communities on 17 November 1999 by the Associ-
Rekken B.V., Grooters Eibergen B.V., Tussenhoudstermaat-                ation des Fonctionnaires Indépendants pour la Défense de la
schappij Wija B.V. and H. Grooters, respectively established at         Fonction Publique Européenne (TAO/AFI) and Rosario De
Rekken and Eibergen (Netherlands), represented by H.G. Se-              Simone, residing in Brussels, represented by Eric Boigelot, of
venster and E.P. Jorritsma, of the Hague Bar, with an address           the Brussels Bar, with an address for service in Luxembourg at
for service in Luxembourg at the Chambers of M. Loesch,                 the Chambers of Louis Schiltz, 2 Rue du Fort Rheinsheim.
11 Rue Goethe.
                                                                        The applicants claim that the Court should:
The applicants claim that the Court should:
                                                                        — annul the Commission’s decision to implement the elec-
                                                                            toral procedure for renewal of the local section of the
(a) order the Commission of the European Communities to                     Brussels Staff Committee, notified to the applicants on
    give the applicants’ advisers access to its file relating to            5 October 1999 by note of the Director-General of DG IX,
    its decision of 20 July 1999 (C(1999) 2539 final) (1)                   entailing the adoption of certain measures;
    concerning State aid granted by the Netherlands to 633 ser-
    vice stations in the region bordering Germany, and order            — annul the electoral procedure proper and all measures
    the adoption of all such further measures as may be                     taken by the Commission with a view to effecting the
    necessary;                                                              elections at issue, scheduled for 30 November 1999;
(b) annul Articles 2 and 3 of the Commission’s decision of              — order the Commission to pay the costs in their entirety.
    20 July 1999 (C(1999) 2539 final);
(c) order the Commission to pay the costs.                              Pleas in law and main arguments
                                                                        The applicants seek annulment of the contested decision in
                                                                        that it was accompanied inter alia by the following measures:
Pleas in law and main arguments
                                                                        — the note addressed to the Electoral Office appointed by the
                                                                            General Assembly of the Brussels staff, dated 19 January
This case is linked to Case T-210/99. The pleas in law and                  1999, calling upon it to resume its duties with a view to
main arguments are the same as those in Case T-250/99.                      organising a new ballot;
                                                                        — the note addressed to the Electoral Office calling upon it
                                                                            to re-open the possibility of introducing new candidatures
(1) OJ L 280 of 30.10.1999, p. 87.                                          and to publish an election notice amending and replacing
                                                                            the notice published on 27 January 1999; and
                                                                        — the note addressed to the administration calling upon it to
                                                                            proceed as soon as possible with the publication of an
                                                                            updated voters’ list.
 ---pagebreak--- C 34/28                EN                     Official Journal of the European Communities                                 5.2.2000
In support of their claims, the applicants allege:                              Removal from the register of Case T-307/97 (1)
— breach of the Staff Regulations, in particular Articles 9                                      (2000/C 34/53)
    and 24a, and Annex II concerning the composition and
    procedure of the bodies provided for in Article 9 of the
    Staff Regulations;                                                                     (Language of the case: English)
— breach of the rules of procedure for Staff Committee                   By order of 10 November 1999, the President of the Fourth
    elections, adopted by the General Assembly of officials on           Chamber of the Court of First Instance of the European
    19 January 1999;                                                     Communities has ordered the removal from the register
                                                                         of Case T-307/97, B.G.S. Rowlands and E.H.S. Rowlands v
                                                                         Council of the European Union and Commission of the
— breach of the rules concerning the establishment of a Staff            European Communities.
    Committee, adopted by the Commission on 9 April 1968
    and last amended on 22 October 1997;
                                                                         (1) OJ C 94 of 28.3.1998.
— breach of general principles of law, such as the principle
    that all administrative acts or decisions must be based on
    sound and relevant grounds, not vitiated by errors in fact
    or law;
— conduct ultra vires.                                                          Removal from the register of Case T-308/97 (1)
The applicants maintain that the Commission, principally                                         (2000/C 34/54)
through the Director-General of DG IX, decided, in breach of
the above rules and principles, to implement the procedure for
                                                                                           (Language of the case: English)
renewal of the Brussels Staff Committee, on the view that the
elections of 9, 10 and 11 March 1999, annulled by decision
apparently dated 29 September 1999, could be resumed even                By order of 10 November 1999, the President of the Fourth
though the election results had been annulled. This was done             Chamber of the Court of First Instance of the European
in the belief that it was unnecessary — quod non — to hold a             Communities has ordered the removal from the register of
General Assembly of officials, not only to establish a new               Case T-308/97, J. Ward, B. Ward and Miss M. Lewis v Council
electoral office but also to fix the date for the new ballot.            of the European Union and Commission of the European
                                                                         Communities.
                                                                         (1) OJ C 94 of 28.3.1998.