CELEX: C2001/061/37
Language: en
Date: 2001-02-24 00:00:00
Title: Case T-374/00: Action brought on 11 December 2000 by Verband der freien Rohrwerke e.V., Eisen- und Metallwerke Ferndorf GmbH and Rudolf Flender GmbH & Co. KG against the Commission of the European Communities

24.2.2001              EN                     Official Journal of the European Communities                                       C 61/19
Action brought on 12 December 2000 by Carmine                            Pleas in law and main arguments
     Salvatore Tralli against the European Central Bank
                                                                         The applicant is an employee of the European Central Bank.
                         (Case T-373/00)                                 He seeks annulment of the termination of his employment
                                                                         together with a declaration that the employment relationship
                                                                         continues to exist and has not been terminated. In that
                          (2001/C 61/36)                                 connection, the applicant is contesting a unilateral extension
                                                                         by the ECB of the probationary period, the duration of which
                                                                         was originally agreed as three month. On the basis of his
                                                                         personal rights, he seeks the continuation of his employment
                   (Language of the case: German)                        on the agreed contractual terms. In addition, he seeks an order
                                                                         requiring the ECB to continue to pay the contractually
                                                                         agreed remuneration beyond 31.12.2000, and pleads in that
An action against the European Central Bank was brought                  connection default on the part of the ECB in accepting
before the Court of First Instance of the European Communities           performance of the contract.
on 12 December 2000 by Carmine Salvatore Tralli, of
Nidderau (Germany), represented by Norbert Pflüger, Regina
Steiner and Silvia Mittländer, Rechtsanwälte, Frankfurt am
Main (Germany).
The applicant claims that the Court should:
                                                                         Action brought on 11 December 2000 by Verband der
(1) annul the notice terminating his employment on                       freien Rohrwerke e.V., Eisen- und Metallwerke Ferndorf
      31.12.2000;                                                        GmbH and Rudolf Flender GmbH & Co. KG against the
                                                                                  Commission of the European Communities
(2) annul the extension of the probationary period;
                                                                                                 (Case T-374/00)
(3) declare that the employment relationship existing
      between the parties has not been brought to an end by                                       (2001/C 61/37)
      the notice of termination;
(4) declare that the unilateral extension of the probationary                              (Language of the case: German)
      period is ineffective in law;
                                                                         An action against the Commission of the European Communi-
(5) declare that the employment relationship existing                    ties was brought before the Court of First Instance of the
      between the parties has continued to exist, without being          European Communities on 11 December 2000 by Verband
      terminated, after 31.12.2000;                                      der freien Rohrwerke e.V., of Düsseldorf (Germany), Eisen- und
                                                                         Metallwerke Ferndorf GmbH, of Kreuztal-Ferndorf (Germany),
(6) order the European Central Bank to continue, beyond                  and Rudolf Flender GmbH & Co. KG, of Siegen (Germany),
      31.12.2000, to provide the applicant with employment               represented by Hans Hellmann, Rechtsanwalt, Cologne (Ger-
      as a security guard in accordance with the contractual             many).
      conditions of employment;
                                                                         The applicants claim that the Court should:
(7) order the European Central Bank to pay to the applicant,
      beyond 31.12.2000, the basic remuneration amounting                —     annul the defendant’s decisions of 5 September and
      to EUR 32 304 p.a., together with the allowances and                     14 September 2000 in merger control case
      other items of remuneration provided for in the con-                     No COMP/M.2045 (ECSC 1336) Salzgitter/Mannes-
      ditions of employment.                                                   mannröhren-Werke;
                                                                         —     order the defendant to pay the costs.
In a series of ancillary claims for relief, the applicant seeks a
declaration that the employment relationship and the legal
consequences flowing therefrom should continue in existence              Pleas in law and main arguments
at least until the expiry of the notice period applying in respect
of the termination of employment relationships in the ECB
which are of an unlimited duration.                                      According to the particulars provided by it, the first applicant
                                                                         is an association representing the interests of a number of
                                                                         small and medium-sized undertakings producing welded steel
Finally, the applicant claims that the Court should: order the           pipes from hot-rolled wide strips or quarto plates. The other
European Central Bank to pay the costs.                                  applicants are members of the first applicant.
 ---pagebreak--- C 61/20               EN                      Official Journal of the European Communities                                     24.2.2001
By the contested decisions, the Commission declared a pro-               —     award the sum of 120 000 euro, subject to increase or
posed concentration between Salzgitter AG and Mannes-                          decrease during the course of the proceedings, by way of
mannröhren-Werke AG to be compatible with the common                           compensation for the non-material damage suffered by
market pursuant to Regulation (EEC) No 4064/89 and author-                     the applicant as a result of the irregular or incomplete
ised the proposed concentration pursuant to Article 66(2) CS.                  information gathered by the defendant in relation to the
                                                                               applicant’s personal file and the state of uncertainty and
                                                                               worry in which he has been placed with regard to his
The applicants are contesting the decisions on the basis of the                future career;
fourth paragraph of Article 230 EC and the second paragraph
of Article 33 CS. They consider that the contested measures              —     award the sum of 25 000 euro, subject to increase or
are of direct and individual concern to them.                                  decrease during the course of the proceedings, by way of
                                                                               compensation for the material damage suffered by the
                                                                               applicant as a result of his having been rejected as a
The applicants complain, in their criticism of the Commission,                 candidate for the post to be filled and of his having thus
that the contested decisions omit any examination of the facts                 lost an opportunity of promotion;
and law with regard to individual product markets which are
directly affected by the concentration, despite the fact that            —     order the Commission to pay all the costs.
the proposed concentration radically alters the structural
conditions of competition on those markets. In addition, the
Commission has unlawfully omitted to examine from a factual              Pleas in law and main arguments
and legal standpoint the effects of the concentration which
result from the fact that the concentration has led to inter-
linking between Salzgitter AG and third parties. That inter-             The applicant in the present case contests the refusal by the
linking is liable significantly to prejudice the effectiveness of        appointing authority to appoint him to the post of head of the
competition on the markets concerned.                                    unit responsible for ‘Motor vehicles and other means of
                                                                         transport’.
                                                                         In support of his claims, he puts forward the following pleas
                                                                         in law:
                                                                         —     infringement of Article 25 of the Staff Regulations and of
                                                                               the obligation to provide a statement of reasons;
                                                                         —     infringement of Article 45 of the Staff Regulations, of the
Action brought on 19 December 2000 by Carmelo Mor-                             rules governing the promotion procedure and of the
ello against the Commission of the European Communi-                           principle of equal treatment;
                                ties
                                                                         —     a manifest error of assessment in the present case;
                         (Case T-376/00)                                 —     misuse of power and infringement of Article 7 of the
                                                                               Staff Regulations.
                          (2001/C 61/38)
                   (Language of the case: French)
                                                                         Action brought on 22 December 2000 by Monsanto
An action against the Commission of the European Communi-
                                                                            Company against the Council of the European Union
ties was brought before the Court of First Instance of the
European Communities on 19 December 2000 by Carmelo
Morello, residing in Brussels, represented by Jacques Sambon                                      (Case T-382/00)
and Pierre Paul Van Gehuchten, of the Brussels Bar.
                                                                                                   (2001/C 61/39)
The applicant claims that the Court should:
                                                                                           (Language of the case: English)
—     annul the Commission’s decision appointing another
      person to post COM/113/99 IV/F/2 ‘Motor vehicles and               An action against the Council of the European Union was
      other means of transport’, corresponding to a grade                brought before the Court of First Instance of the European
      A5/A4 post of Head of Unit;                                        Communities on 22 December 2000 by Monsanto Company,
                                                                         a company established under the laws of Delaware (USA),
—     annul the Commission’s decision rejecting the application          represented by Clive Stanbrook Q.C. and Wilko van Weert, of
      of the applicant for the post in question;                         Stanbrook & Hooper, Brussels.