CELEX: C2000/135/20
Language: en
Date: 2000-05-13 00:00:00
Title: Judgment of the Court of First Instance of 22 February 2000 in Case T-22/99: Gustave Rose v Commission of the European Communities (Officials — Refusal of promotion — Guide to promotion — Protection of legitimate expectations — Misuse of powers — Examination of comparative merits)

13.5.2000               EN                     Official Journal of the European Communities                                        C 135/11
                                                         COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                               The applicants claim that the Court should:
                       of 22 February 2000                                (1) Declare the action to be admissible;
in Case T-22/99: Gustave Rose v Commission of the                         (2) Annul the Commission’s decision [C(1999) 2539 final] (1)
                   European Communities (1)                                   of 20 July 1999 or annul Articles 2 and 3 of the decision
                                                                              in so far as they provide, with reference to (one of) the
(Officials — Refusal of promotion — Guide to promotion                        applicants, that any amounts received by the applicant(s)
— Protection of legitimate expectations — Misuse of powers                    pursuant to the temporary arrangements (subsidies for
             — Examination of comparative merits)                             service stations along the border with Germany) are to be
                                                                              treated as constituting unlawful State aid within the
                          (2000/C 135/20)                                     meaning of Article 87(1) EC and/or must be repaid by the
                                                                              applicant(s), and/or in so far as it follows from that decision
                                                                              that any amounts which may or must be paid to the
                    (Language of the case: French)                            applicant(s) pursuant to the temporary arrangements are
                                                                              correctly classified as constituting unlawful aid for the
In Case T-22/99: Gustave Rose, an official of the Commission                  purposes of Article 87(1) EC;
of the European Communities, residing at Goutroux (Belgium),
represented by L. Vogel, of the Brussels Bar, with an address             (3) Order the Commission to pay the costs of the proceedings.
for service in Luxembourg at the Chambers of C. Kremer,
6 Rue Heinrich Heine, v Commission of the European
Communities (Agents: C. Berardis-Kayser and F. Duvieusart-                Pleas in law and main arguments
Clotuche) — application for annulment of the Commission’s
decision not to promote the applicant to grade C 1 in the
course of the 1998 promotions procedure — the Court                       The pleas in law and the main arguments are similar to those
of First Instance (Fifth Chamber), composed of: R. Garcı́a-               in Case T-318/99.
Valdecasas, President, and P. Lindh and J.D. Cooke, Judges;
J. Palacio González, Administrator, for the Registrar, has given         (1) OJ L 280 of 30.10.1999, p. 87.
a judgment on 22 February 2000, in which it:
1. Annuls the Commission’s decision not to promote the applicant
     to grade C 1 in the course of the 1998 promotions procedure;
2. Orders the Commission to pay the costs.
(1) OJ C 100 of 10.4.1999.
                                                                          Action brought on 19 January 2000 by CAV Ulestraten-
                                                                          Schimmert-Hulsberg and Others against the Commission
                                                                                          of the European Communities
                                                                                                   (Case T-14/00)
Action brought on 19 January 2000 by S.W.M. Baltussen
and Others against the Commission of the European                                                 (2000/C 135/22)
                            Communities
                           (Case T-13/00)                                                    (Language of the case: Dutch)
                          (2000/C 135/21)                                 An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 19 January 2000 by CAV Ulestra-
                    (Language of the case: Dutch)
                                                                          ten-Schimmert-Hulsberg and Others, established in Ulestraten
                                                                          (Netherlands), represented by G. van der Wal, of the Brussels
An action against the Commission of the European Communi-                 Bar, with an address for service in Luxembourg at the
ties was brought before the Court of First Instance of the                Chambers of A. May, 31 Grand-Rue.
European Communities on 19 January 2000 by S.W.M. Bal-
tussen and Others, established in Amsterdam (Netherlands),
represented by G. van der Wal, of the Brussels Bar, with an               The applicants claim that the Court should:
address for service in Luxembourg at the Chambers of A. May,
31 Grand-Rue.                                                             (1) Declare the action to be admissible;