CELEX: C2000/247/58
Language: en
Date: 2000-08-26 00:00:00
Title: Case T-161/00: Action brought on 14 June 2000 by Vassilios Tsarnavas against the Commission of the European Communities

26.8.2000               EN                      Official Journal of the European Communities                                      C 247/33
      the control of abuses of cartel law pursuant to Article 82           The applicant claims that the Court should:
      EC. However, such monitoring of conduct has no
      additional value whatever, in terms of the promotion of              —     annul the implicit decision of the Commission rejecting
      competition, as a counter- balance to the tolerated                        the complaint lodged by the applicant under Article 90(2)
      dominance of the market. More wide-reaching commit-                        of the Staff Regulations against the list of officials
      ments, as demanded by the applicant in the course of the                   promoted to grade A 4, published in ‘Administrative
      procedure, have not been given by the parties to the                       Notices’ No 1080 of 13 August 1999, inasmuch as his
      proposed concentration.                                                    name did not appear on that list;
—     In addition, the Commission acted incorrectly from a                 —     consequently, rule that the 1999 procedure for pro-
      procedural point of view. Although significant reser-                      motion to grade A 4 is annulled as regards the applicant;
      vations were expressed in the decision as regards the
      compatibility of the proposed concentration with the                 —     order the defendant to pay compensation of 5 000 euros
      common market, the Commission granted its approval,                        for non-material damage;
      on the basis of wide-ranging and partly unverifiable
      commitments offered by the parties seeking that                      —     order the defendant to pay all the costs.
      approval, as early on as the initial examination stage. Had
      it acted correctly, however, proceedings should have been
      initiated in accordance with Article 6(1)(c) of the Merger           Pleas in law and main arguments
      Regulation.
                                                                           In support of his action, the applicant pleads:
—     Lastly, the Commission unlawfully failed to comply
      with the procedural rule laid down in Article 18(1) of               —     the total absence of any statement of reasons for the
      Commission Regulation (EC) No 447/98 (1), in that, even                    contested decision and infringement of Article 25(2) of
      after the expiry of the three-week time-limit prescribed in                the Staff Regulations of officials;
      that provision, it constantly had regard to further, altered
      commitments offered by the parties to the proposed
                                                                           —     infringement of Article 45(1) of the Staff Regulations and
      concentration. This infringed the procedural rights of the
                                                                                 manifest error of assessment.
      applicant in particular, since the applicant was required
      to adopt a position within time-limits which became
      ever shorter, and ultimately had scarcely any further
      opportunity to express its views.
(1) Commission Regulation (EC) No 447/98 of 1 March 1998 on the
    notifications, time limits and hearings provided for in Council
    Regulation (EEC) No 4064/89 on the control of concentrations           Action brought on 16 June 2000 by Rosemarie Carotti
    between undertakings (OJ 1998 L 61, p. 1).                             against the Court of Auditors of the European Communi-
                                                                                                          ties
                                                                                                   (Case T-163/00)
                                                                                                   (2000/C 247/59)
                                                                                              (Language of the case: French)
Action brought on 14 June 2000 by Vassilios Tsarnavas
  against the Commission of the European Communities
                                                                           An action against the Court of Auditors of the European
                                                                           Communities was brought before the Court of First Instance
                          (Case T-161/00)                                  of the European Communities on 16 June 2000 by Rosemarie
                                                                           Carotti, residing in Luxembourg, represented by Gaston Vogel
                                                                           and Ferdinand Burg, of the Luxembourg Bar.
                          (2000/C 247/58)
                                                                           The applicant claims that the Court should:
                     (Language of the case: French)
                                                                           —     annul the decision of 15 May 2000;
An action against the Commission of the European Communi-                  —     order the Court of Auditors to pay the costs;
ties was brought before the Court of First Instance of the
European Communities on 14 June 2000 by Vassilios Tsarna-                  —     order the Court of Auditors to pay to Ms Carotti the sum
vas, residing in Brussels, represented by Nicolas Lhoëst, of the                 of LFR 50 000, constituting the expenses which she has
Brussels Bar.                                                                    had to incur in order to succeed with her case.