CELEX: C2000/211/49
Language: en
Date: 2000-07-22 00:00:00
Title: Case T-135/00: Action brought on 19 May 2000 by Carmelo Morello against Commission of the European Communities

22.7.2000             EN                     Official Journal of the European Communities                                     C 211/23
— order the Commission to draw up corrected pay slips as                — In the alternative, annul the Commission Decision in so
    from October 1999 and to pay default interest the                        far as the Commission wrongly used as the basis of its
    increased amounts; and                                                   calculation of the demand for repayment a total amount
                                                                             of aid approved of DEM 1 246 900 000 (less an adjust-
— order the Commission to pay the costs.                                     ment for DEM 10 500 000 competition aid not granted
                                                                             and DEM 27000 000 aid on closure) instead of the
                                                                             total amount of the operating aid actually granted (DEM
Pleas in law and main arguments                                              230 984 000) with previous demands for repayment (DEM
                                                                             83 000 000) being taken into account;
The applicant challenges the appointing authority’s refusal,
which took the form of failure to reply, to transfer 35 % of his        — Order the Commission to pay the costs.
net salary to the account opened by him in the United
Kingdom in order to meet the university education costs of his
sons. The appointing authority has only acceded to the
applicant’s request to the extent of transferring 19 % of his           Pleas in law and main arguments
salary to the abovementioned account.
                                                                        The pleas in law and main arguments are essentially the same
In support of his claims, the applicant alleges that the following      as in Case T-227/99 (2) with the exception of the argument
have been infringed:                                                    concerning the irregular composition of the Commission.
— Article 17(2)(a) and (b) of Annex VII to the Staff Regula-
    tions and additional provisions;                                    (1) OJ L 120, 20.5.2000, p. 12.
                                                                        (2) OJ C 6, 8.1.2000, p. 27.
— the principle of proportionality,
— the principle of equal treatment,
— the principle of non-discrimination on grounds of nationa-
    lity.
The applicant also alleges misuse of powers and failure to
observe the obligation to state the grounds on which measures           Action brought on 19 May 2000 by Carmelo Morello
are taken.                                                                  against Commission of the European Communities
                                                                                                 (Case T-135/00)
                                                                                                 (2000/C 211/49)
Action brought on 18 May 2000 by Kværner Warnow
Werft GmbH against the Commission of the European                                          (Language of the case: French)
                         Communities
                        (Case T-134/00)                                 An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance on 19 May
                                                                        2000 by Carmelo Morello, residing in Brussels, represented by
                        (2000/C 211/48)                                 Jacques Sambon and Pierre Paul Van Gehuchten, of the Brussels
                                                                        Bar.
                  (Language of the case: German)
                                                                        The applicant claims that the Court of First Instance should:
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the              — Annul the Commission decision to appoint another official
European Communities on 18 May 2000 by Kværner Warnow                        to post COM/069/99 IV/C1 ‘Telecommunications and
Werft GmbH of Rostock-Warnemünde, Germany, represented                       post, coordination of the information society’, being an
by Dr Michael Schütte, Rechtsanwalt, of Bruckhaus Westrick                   A3 Head of Unit post;
Heller Löber, Brussels.
                                                                        — Annul the Commission decision not to accept the appli-
The applicant claims that the Court should:                                  cant’s application for post COM/069/99 IV/C1 ‘Telecom-
                                                                             munications and Post, coordination of the information
— Annul Commission Decision C (2000) 516 fin. of                             society’, being an A3 Head of Unit post, and all the
    15 February 2000 on aid granted by Germany to Kværner                    measures preparatory to that decision which themselves
    Warnow Werft GmbH (1),                                                   proved to be improper;
 ---pagebreak--- C 211/24               EN                      Official Journal of the European Communities                                    22.7.2000
— Award the applicant the sum of BEF 1 million, or such                   The applicant claims that the Court of First Instance should:
     greater or lesser sum as may be determined in the course
     of the proceedings, in respect of compensation for the               — Annul the Commission decision to appoint another official
     non-material damage suffered by the applicant as a result                to post COM/070/99 IV/2 ‘Automobiles, other means of
     of the inappropriate or incomplete information compiled                  transport and related mechanical construction’, being an
     by the defendant in relation to the applicant’s individual               A5 - A4 Head of Unit post;
     file, and the state of uncertainty and anxiety in which he
     was kept regarding his professional future;                          — Annul the Commission decision not to accept the applican-
                                                                              t’s application for post COM/070/99 IV/2 ‘Automobiles,
— Award the applicant the sum of BEF 1 million, or such                       other means of transport and related mechanical construc-
     greater or lesser sum as may be determined in the course                 tion’, being an A5 - A4 Head of Unit post, and all the
     of the proceedings, in respect of compensation for his                   measures preparatory to that decision which themselves
     being rejected for that vacant post and, therefore, the loss             proved to be improper;
     of any chance of promotion;
                                                                          — Award the applicant the sum of BEF 1 million, or such
— Order the defendant to pay the costs.                                       greater or lesser sum as may be determined in the course
                                                                              of the proceedings, in respect of compensation for the
                                                                              non-material damage suffered by the applicant as a result
Contentions and principal arguments                                           of the inappropriate or incomplete information compiled
                                                                              by the defendant in relation to the applicant’s individual
                                                                              file, and the state of uncertainty and anxiety in which he
The applicant contests the rejection by the appointing auth-
                                                                              was kept regarding his professional future;
ority of his application for a post of Head of Unit, Grade A 3.
                                                                          — Award the applicant the sum of BEF 1 million, or such
In support of his claims, the applicant alleges infringement:                 greater or lesser sum as may be determined in the course
                                                                              of the proceedings, in respect of compensation for his
— of Article 25 of the Staff Regulations and of the obligation                being rejected for that vacant post and, therefore, the loss
     to state reasons;                                                        of any chance of promotion;
— of Article 45 of the Staff Regulations;                                 — Order the defendant to pay the costs.
— of the promotion procedure and of the principle of equal
     treatment;                                                           Contentions and principal arguments
— of Article 7 of the Staff Regulations.
                                                                          The contentions and principal arguments adduced in support
                                                                          are the same as those relied on in Case T-135/00 Morello v
The applicant also claims that the contested decision is vitiated         Commission.
by a manifest error of assessment and misuse of power.
Action brought on 19 May 2000 by Carmelo Morello                          Action brought on 25 May 2000 by Sylvia Haupt against
    against Commission of the European Communities                               the Commission of the European Communities
                         (Case T-136/00)                                                          (Case T-143/00)
                         (2000/C 211/50)                                                          (2000/C 211/51)
                    (Language of the case: French)                                           (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 on 19 May             ties was brought before the Court of First Instance of the
2000 by Carmelo Morello, residing in Brussels, represented by             European Communities on 25 May 2000 by Sylvia Haupt,
Jacques Sambon and Pierre Paul Van Gehuchten, of the Brussels             residing in Brussels, represented by Jean-Noël Louis and
Bar.                                                                      Véronique Peere, of the Brussels Bar.