CELEX: C1997/094/42
Language: en
Date: 1997-03-22 00:00:00
Title: Action brought on 20 January 1997 by Anna Barnett against the Commission of the European Communities (Case T-12/97)

No C 94/20            EN                  Official Journal of the European Communities                                        22 . 3 . 97
in Pescara (Italy), represented by Giuseppe Celona, of the           — order the defendant to pay the costs .
Milan Bar, with an address for service in Luxembourg at
the Chambers of Georges Margue, 20 rue Philippe II.                  Pleas in law and main arguments adduced in support:
The applicant claims that the Court should:                          In support of her application, the applicant pleads
                                                                     infringement of Articles 31 ( 2 ) and 32 of the Staff
primarily:                                                           Regulations of officials, as well as a manifest error of
                                                                     assessment .
— declare the application admissible in as much as it
     seeks the annulment of a decision that adversely                She maintains in that regard that she has, since 1981 ,
     affects the applicant directly and individually,                acquired exceptional professional experience in the fields
— annul Commission Decision No C(96 ) 2780 of                        of diplomacy, agricultural policy and environmental
     8 October 1996 (*),                                             policy, and that that experience has been recognized both
                                                                     by her previous employers and by her present assessor. It
— order the defendant to pay to the applicant all the                is, moreover, an established fact, in her view, that she was
     costs associated with these proceedings;                        immediately able to perform her duties and that she has
                                                                     enabled her unit to make real progress in the field of
in the alternative :                                                 agricultural policy.
— find and declare that the said decision does not affect
                                                                     The applicant concludes from this that the Commission
     the applicant's right not to have to pay the post­              has committed a manifest error of assessment, first, by
     clearance duties in question;                                   taking the view that neither her experience nor her
in the further alternative :                                         qualifications are sufficiently exceptional to justify her
                                                                     recruitment in a higher grade and, second, by considering
— in the event that, for whatever reason, the above                  that the post which she filled did not require the
     decision should not be annulled, order the                      recruitment of a particularly well-qualified official.
     Commission to reimburse the applicant for the entire
     amount that the latter will be required to pay in
     respect of post-clearance duties, penalties and ancillary
     charges; in any event, annul the contested decision in
     so far as it relates to Invoice No 7338F, which has
     already been settled, and in so far as it concerns              Action brought on 21 January 1997 by Sofivo and Others
     interest payments .                                                       against the Council of the European Union
                                                                                              ( Case T-14/97)
Pleas in law and main arguments adduced in support:
                                                                                                ( 97/C 94/43 )
The pleas in law and main arguments are the same as
those already relied on in Case T- 10/97 Unifrigo Gadus Sri                          (Language of the case: French)
v. Commission of the European Communities.                           An action against the Council of the European Union was
                                                                     brought before the Court of First Instance of the European
(') Unpublished.
                                                                     Communities on 21 January 1997 by Sofivo, established
                                                                     at Conde sur Vire (France ), Sofivo Production, established
                                                                     at Brece ( France ), Sovinor, established at Conde sur Vire
                                                                     ( France ), Denkavit France, established at Montreuil-Bellay
                                                                     ( France ), Sobeval Viande, established at Périgueux
Action brought on 20 January 1997 by Anna Barnett                    ( France ), Serval, established at Sainte Eanne ( France ),
   against the Commission of the European Communities                Besnier Industrie, established at Bourgbarre ( France ),
                         (Case T-12/97)                              Sovida, established at Chateaubriand ( France ), Sica Ouest
                                                                     Elevage, established at Ploudaniel ( France ), Guinde,
                          ( 97/C 94/42 )                             established at Montauban de Bretagne ( France ),
                                                                     Tarbouriech, established at Villeneuve sur Lot ( France ),
                (Language of the case: French)
                                                                     Mamellor, established at Charnay les Macon (France ),
An action against the Commission of the European                     Coopagri Bretagne, established at Landerneau ( France )
Communities was brought before the Court of First                    and Collet et Compagnie, established at Chateaubourg
Instance of the European Communities on 20 January                   ( France ), represented by Deborah Kryvian, of the Rouen
1997 by Anna Barnett, residing in Brussels, represented by           Bar, with an address for service in Luxembourg at the
Jean-Noel Louis, Thierry Demaseure and Ariane Tornel, of             Chambers of Marc Loesch, 11 rue Goethe .
the Brussels Bar, with an address for service in
Luxembourg at the offices of Fiduciaire Myson SARL, 30               The applicants claim that the Court should:
rue de Cessange .
                                                                     — annul Regulation (EC) No 2222/96 adopted on
The applicant claims that the Court should :                              18 November 1996 by the Council, a Community
                                                                          institution, or at least Article 1 (4 ) thereof, that part of
— annul the decision of the appointing authority fixing                   the act being separable from its other provisions,
     at grade A 7 the applicant's classification in grade
     upon her recruitment,                                           — order the Council to pay the costs.