title: Notice of open competition CJ/LA/23

text:
C 182 A/8               EN                     Official Journal of the European Communities                                       31.7.2002
                                              NOTICE OF OPEN COMPETITION CJ/LA/23
                                                               (2002/C 182 A/02)
               The Court of Justice of the European Communities is organising an open competition, based on
               qualifications and tests, for the constitution of a reserve list for future recruitment of:
                                                           LAWYER-LINGUISTS (M/F)
                                                          of English mother tongue
                                                           (Career bracket LA 7/LA 6)
This reserve list will be constituted with a view to filling vacant         II.  WORKING CONTEXT
posts in that career bracket which cannot be filled by transfer
or promotion of officials already in service at the Court of
Justice, or by internal competition, or by transfer of officials of         The Court of Justice recruits persons with appropriately high
other institutions of the European Communities.                             legal qualifications who can show that they are capable of
                                                                            adapting throughout their career. Candidates will have the
                                                                            ability to translate into their mother tongue legal texts,
                                                                            frequently of a complex nature, from at least two official
The period of validity of the reserve list will expire on                   languages of the European Communities, one of which, for
31 December in the year following the year in which it was                  reasons dictated by the needs of the service, must be French.
established. It may be extended, in which case the candidates
on the list will be duly notified.
                                                                            In the performance of their duties lawyer-linguists use data-
                                                                            accessing and retrieval systems and word-processing systems
Each candidate is requested to read carefully the ‘Guide to                 on a regular basis.
candidates taking part in an open competition’ contained in
this Official Journal.                                                      Candidates must be capable of working under pressure on a
                                                                            regular basis, both independently and as members of a team,
                                                                            and of adapting to a multicultural working environment.
               Place of employment: Luxembourg                              Lastly, they will always be concerned to develop their pro-
                                                                            fessional skills throughout their career.
The Court of Justice of the European Communities pursues
a policy of assuring equal opportunities by excluding all                   III.  REMUNERATION
discrimination based on sex, handicap, race, religion or sexual
orientation, whether during the recruitment procedure or
when filling posts in its departments.                                      The basic monthly salary ranges from EUR 4 521,59 for
                                                                            Grade LA 7 (step 1) and EUR 5 825,99 for Grade LA 6 (step 3).
The final date for receipt of applications, curricula vitae                 There may also be allowances the nature and amount of which
and supporting documents is 30 September 2002.                              are indicated in the ‘Guide to candidates taking part in an open
                                                                            competition’ inserted in this Official Journal.
                                                                            The remuneration is subject to the Community income tax and
I.  NATURE OF DUTIES                                                        to the other deductions provided for in the Staff Regulations of
                                                                            officials of the European Communities.
Translation into English of legal texts from at least two other
                                                                            For example, the net monthly salary, after compulsory
official languages of the European Communities (1).
                                                                            deductions (pension, insurance, Community income tax) of an
                                                                            unmarried official with no dependants and in receipt of the
                                                                            expatriation allowance, is approximately:
(1) The official languages of the European Communities are Danish,          —     for Grade LA 7, step 1: EUR 4 279,76,
    Dutch, English, Finnish, French, German, Greek, Italian, Portugue-
    se, Spanish and Swedish.                                                —     for Grade LA 6, step 3: EUR 5 334,86.
 ---pagebreak--- 31.7.2002               EN                      Official Journal of the European Communities                                       C 182 A/9
IV.    ELIGIBILITY                                                         Accordingly, there will be eliminated at this stage those
                                                                           candidates who have not used the compulsory application
                                                                           form inserted in this Official Journal, or a photocopy of that
On the final date for receipt of applications, candidates must             form, who have omitted to sign it, who have sent their
satisfy the following conditions:                                          application out of time and/or who do not satisfy the
                                                                           conditions laid down in Article 28(a), (b) and (c) on the Staff
                                                                           Regulations of officials of the European Communities.
1.     General conditions
       The conditions laid down in Article 28(a), (b) and (c)
       of the Staff Regulations of officials of the European               VI.   ELIGIBILITY FOR SELECTION ON THE BASIS OF QUALI-
       Communities, that is to say:                                              FICATIONS
       (a)  they must be nationals of one of the Member States
                                                                           The selection board will examine the application files of the
            of the European Community, unless an exception is
                                                                           candidates on the list of candidates drawn up by the appointing
            authorised by the appointing authority, and must
                                                                           authority on the basis of their application form and curriculum
            enjoy their full rights as a citizen;
                                                                           vitae and of the supporting documents produced by the final
                                                                           date for receipt of applications and will draw up the list of
       (b) they must have fulfilled any obligations imposed on             candidates who satisfy the conditions under Section IV.2.
            them by the laws concerning military service;                  (Special conditions: qualifications — knowledge of languages).
                                                                           The candidates on this second list will be eligible for selection
       (c)  they must produce the appropriate character refer-             on the basis of qualifications.
            ences as to their suitability for the performance of
            their duties.
                                                                           There will be excluded at this stage those candidates who do
                                                                           not satisfy the requirements set out under Section IV.2, or who
                                                                           have not, by the final date for receipt of applications, produced
2.     Special conditions                                                  a curriculum vitae or provided evidence or their statements in
                                                                           the form of photocopies of the relevant documents (see
       (a)  Qualifications required                                        Section XII.3, below).
            Completion of a course in law evidenced either by a
            degree in law awarded in the United Kingdom or
            Ireland or by qualification as an advocate, barrister
            or solicitor in the United Kingdom or Ireland.                 VII. SELECTION ON THE BASIS OF QUALIFICATIONS
       (b) Knowledge of languages
                                                                           On the basis of this second list the selection board will,
            —     Perfect command of the English language,                 after establishing the criteria for assessing the candidates’
                                                                           qualifications, examine those qualifications and will indicate
                                                                           on the said list the candidates admitted to the written tests.
            —     good knowledge of French,
            —     good knowledge of another official language              The selection will be made by the selection board on the basis
                  of the European Communities.                             of the supporting documents produced by the candidates by
                                                                           the final date for receipt of applications and of the information
            Account will be taken of knowledge of other official           contained in their curricula vitae.
            languages of the European Communities, and of
            Czech, Estonian, Hungarian, Latvian, Lithuanian,
            Polish, Slovak or Slovene.
                                                                           For that reason, candidates must include in their application
                                                                           file, in addition to a copy of all the documents required for
                                                                           admission to the competition, a copy of all supporting
                                                                           documents needed for the selection board to be able to make
V.   LIST OF CANDIDATES
                                                                           the selection on the basis of qualifications, failing which they
                                                                           will, on the basis of that selection, be excluded from the tests.
The list of candidates who have submitted their application
file in the form and within the period prescribed and who
satisfy the general conditions laid down at point 1 of Section IV          Candidates will be informed in writing of the selection
will be drawn up by the appointing authority and transmitted               board’s conclusions with respect to them following
to the selection board together with the candidates’ application           the abovementioned examination of their application
files.                                                                     documents.
 ---pagebreak--- C 182 A/10             EN                    Official Journal of the European Communities                                     31.7.2002
VIII.  RE-EXAMINATION OF APPLICATIONS                                   3.   Optional test (without dictionary)
Within 15 days from the date of dispatch of the letter (as                   Translation into English of a legal text written, according
attested by the postmark) informing him that his application                 to the choice made by the candidate:
has not been accepted, a candidate may ask for his application
to be re-examined if he considers that a mistake has been                    —    in an official language of the European Communities
made.                                                                             other than French and that chosen by the candidate
                                                                                for the second compulsory test,
The request for re-examination, which should mention the
                                                                                or
number of the competition stated on the letter, must be sent
to the Personnel Division of the Court of Justice of the
European Communities, L-2925 Luxembourg.                                     —    in Czech or Lithuanian.
The selection board will then re-examine the candidate’s case.               Time allowed: one hour.
The candidate will be informed of the selection board’s
conclusions with respect to him following the re-examination
                                                                             Marks: from 0 to 20 (account will be taken, for the
of his application file.
                                                                             purposes of establishing the final order of merit, only of
                                                                             marks in excess of 10). No marks will be deducted for
                                                                             poor performance in the optional test.
IX.   WRITTEN TESTS
Candidates must specify in the application form the                     4.   Conduct of the written tests and correction of papers
languages chosen for the compulsory tests and, should
they intend to sit the optional test, the language chosen                    (a)  Each written test will take place simultaneously, for
for that test. Candidates will be allowed to sit each test                        all candidates, at all the examination centres on the
only in the language they have specified in the application                       date indicated in the letters inviting them to attend.
form.                                                                             No exception will be made.
                                                                             (b) The candidates will sit the written tests in one round.
1.    First compulsory test (without dictionary)
                                                                             (c)  The selection board will correct the first paper of all
                                                                                candidates who attend the tests.
      Translation into English of a legal text written in Dutch,
      French, German or Italian, according to the choice made
      by the candidate.                                                      (d) The second paper will be corrected only in the case
                                                                                of candidates who have obtained at least 20 marks
                                                                                in the first test.
      Time allowed: two-and-a-half hours.
                                                                             (e)  The optional paper will be corrected after the
      Marks: from 0 to 40 (minimum required: 20).                                 marking of the oral test and only in the case of
                                                                                candidates who have obtained, in the compulsory
                                                                                tests, both written and oral, the marks required for
                                                                                them to be admitted to the reserve list. Account will
2.    Second compulsory test (without dictionary)                                 be taken, for the purposes of establishing the final
                                                                                order of merit, only of marks in excess of 10
      Translation into English of a legal text written:                           obtained by candidates in the optional paper.
      —    in French, for candidates who have chosen Dutch,
           German or Italian for the first compulsory test,             X.  COMPULSORY ORAL TEST
           or,
      —    if French was the language chosen for the first              1.   Admission to the test
           compulsory test, in Danish, Dutch, Finnish, German,
           Greek, Italian, Portuguese, Spanish or Swedish,
                                                                             Candidates who have obtained at least 50 % of the marks
           according to the choice made by the candidate.
                                                                             in each of the first two compulsory written tests will be
                                                                             admitted to the oral test.
      Time allowed: two hours.
                                                                             Candidates will be informed in writing of the selection
      Marks: from 0 to 30 (minimum required: 15).                            board’s conclusions with respect to them.
 ---pagebreak--- 31.7.2002             EN                     Official Journal of the European Communities                                    C 182 A/11
2.   Nature of the test                                                 3.    The attention of candidates is drawn to the fact that, in
                                                                              order to enable the selection board to decide on their
                                                                              eligibility for selection on the basis of qualifications
     Discussion, in English, with the selection board to enable
                                                                              (Section VI) and to make that selection (Section VII), they
     it to assess:
                                                                              must produce, by the date prescribed at point 1 of this
                                                                              section:
     (a)   the candidates’ professional experience and the level
           of their general, legal and linguistic knowledge; on
           this occasion, account will also be taken of know-                 —     a copy of all supporting documents relating to
           ledge of official languages of the European Com-                         their academic qualifications and their training,
           munities other than those which were the subject of
           the written tests;
                                                                              —     a copy of all supporting documents relating to
                                                                                their statements concerning their knowledge of
     (b) the candidates’ motivation and their ability to per-
                                                                                languages; in the absence of such documents, candi-
           form their duties in an institution of the European
                                                                                dates must explain exhaustively and in great detail
           Communities.
                                                                                in their curriculum vitae how they acquired their
                                                                                knowledge of languages,
     Time allowed: about 45 minutes.
                                                                              —     a detailed curriculum vitae clarifying and amplify-
                                                                                ing the information entered on the application form
3.   Marks for the test                                                             as regards the nature, extent and level of their legal
                                                                                studies, their training and knowledge of languages,
     The marks for the test will be from 0 to 30, divided as                        and their professional experience, if any.
     follows:
     —     from 0 to 20 for the first part of the test,                       The production of the curriculum vitae can in no case
                                                                              exempt candidates from the requirement to produce
     —     from 0 to 10 for the second part of the test.                      supporting documents.
     A mark lower than 50 % in either part of the test will be
     eliminatory.                                                       4.    If, at a later stage in the procedure, it appears that the
                                                                              particulars contained in the application form are incorrect
                                                                              or are not confirmed by the originals of the documents
                                                                              required, the admission of the candidate to the compe-
XI.  RESERVE LIST                                                             tition will be declared null and void.
There will be placed on the reserve list, in order of merit, the
candidates who have obtained the most marks, provided that              5.    None of the documents submitted in connection with an
they have obtained at least the minimum marks required for                    application will be returned to the candidate.
each of the compulsory tests.
                                                                        6.    Candidates, including officials and other servants of
The order of merit will be established on the basis of the marks              the European Communities, may in no case refer to
obtained by the candidates in the compulsory tests, increased,                documents, application forms, information sheets, etc.
in the case of candidates who sat the optional test, by the                   which they lodged on the occasion of previous appli-
marks in excess of 10 obtained by them in that test.                          cations and/or which are contained in their personal file.
XII.  LODGING OF APPLICATIONS AND SUPPORTING
      DOCUMENTS
                                                                        XIII.  INFORMATION FOR CANDIDATES
1.   In submitting their application, candidates are required
     to use the application form inserted in this Official Journal      1.    All candidates in this competition will be informed
     or a photocopy of that form. The form, accompanied by                    individually, in accordance with the following pro-
     a curriculum vitae and the relevant supporting docu-                     visional timetable, of the selection board’s conclusions
     ments, must be sent, preferably by registered post, by                   with respect to them, as to:
     30 September 2002 at the latest (as attested by the
     postmark) to the Personnel Division, Court of Justice of
     the European Communities, L-2925 Luxembourg.                             —     whether or not they have been admitted to the
                                                                                written tests: October 2002,
2.   In accordance with Section V, any unsigned application
     form will not be considered.                                             —     the date of the written tests: December 2002,
 ---pagebreak--- C 182 A/12           EN                    Official Journal of the European Communities                                   31.7.2002
    —    whether or not they have been admitted to the oral           4.   All correspondence relating to this recruitment procedure
         test: February 2003,                                              must be addressed exclusively to the Personnel Division.
                                                                           Direct or indirect approaches by candidates to the
    —    the date of the oral test: March 2003,                            selection board are expressly prohibited.
    —    whether or not they have been placed on the reserve          NB:   The Commission has formally submitted to the
         list: April 2003.                                                  Council a proposal for amendment of the Staff
                                                                            Regulations of officials of the European Communi-
                                                                            ties. That proposal includes, in particular, a new
2.  The surname under which an application is submitted                     careers structure. Successful candidates in this com-
    must be used in all subsequent correspondence.                          petition might therefore receive an offer of employ-
                                                                            ment based on new provisions of the Staff Regu-
3.  Any change of address must be notified immediately in                   lations, following adoption of the abovementioned
    writing to the Personnel Division.                                      proposal by the Council.
 ---pagebreak---                      COURT OF JUSTICE
                                OF THE                                                                                Competition CJ/LA/23
               EUROPEAN COMMUNITIES
                       L-2925 Luxembourg
                                                                    APPLICATION FOR EMPLOYMENT
                                                             (Please use a typewriter or write in block capitals in BLACK ink)
                                                                                NATURE OF POST APPLIED FOR
                                                             LAWYER-LINGUISTS OF ENGLISH MOTHER TONGUE
 1.   Surname:                                                                              Forenames:                                                                Maiden name (where applicable):
      ...........................................................................................................................................................................................................................
      ...........................................................................................................................................................................................................................
 2.   Address for correspondence:                                                           Telephone No:                                                             E-mail:
      ...........................................................................................................................................................................................................................
 3.   Permanent address:
      ...........................................................................................................................................................................................................................
 4.   Place of birth:                                                                       Date of birth:                                                            Nationality at birth:
      ...........................................................................................................................................................................................................................
      Present nationality (if you have dual nationality, indicate both):
      ...........................................................................................................................................................................................................................
 5.   Sex (place a cross in the appropriate box):                                                           6. Marital status (place a cross in the appropriate box):
         MALE                       FEMALE                                                                       SINGLE                  MARRIED                 WIDOW (ED)                DIVORCED               LEGALLY
                                                                                SEPARATED
          M                            M                                                                            M                        M                         M                        M                     M
 7.   Have you any dependants?                                                                              YES M                  NO M
      If ‘yes’, give the following information:
                            Name                            Date of birth                Relationship                                      Name                           Date of birth                Relationship
       ..........................................................................................................................................................................................................................
       ..........................................................................................................................................................................................................................
       ..........................................................................................................................................................................................................................
       ..........................................................................................................................................................................................................................
       ..........................................................................................................................................................................................................................
 8.   Have you any national service commitments? If so, give details: ....................................................................................................................
 9.   Name and address of person to be informed in case of accident: ..................................................................................................................
10.   Occupation of spouse: ......................................................................................................................................................................................
C 182 A/2002 EN
 ---pagebreak---                                                                                (Use a typewriter or print legibly in INK)
                                                                        11.      Are any of your relatives employed in institutions of the European Communities?
                     Recent identity                                                                                YES M NO M
                        photograph
             (maximum 4 cm x 4 cm)                                               If ‘yes’, indicate surname, first name, relationship and position:
                                                                                ............................................................................................................................................
                                                                        12.      Education (give full details in the spaces below)
                                                                                (A) Higher education (university or equivalent):
                                                                               Years of study
           Name and address of establishment                                                                             University degrees and diplomas                                        Main subjects
                                                                            from                 to
    ..........................................................................................................................................................................................................................
    ..........................................................................................................................................................................................................................
    ..........................................................................................................................................................................................................................
    ..........................................................................................................................................................................................................................
    (B) Education since the age of 14 (specify secondary education, technical education, equivalent training, etc. in the column headed ‘Type
          of establishment’):
                                                                                Years of study
           Name and address of establishment                                Type of establishment                                                                      Certificates and qualifications
                                                                                from                 to
    ..........................................................................................................................................................................................................................
    ..........................................................................................................................................................................................................................
    ..........................................................................................................................................................................................................................
13. Important works published by you (indicate, in the first instance, works with a bearing on the post for which you are applying; add an
    extra sheet if necessary):
     ...........................................................................................................................................................................................................................
     ...........................................................................................................................................................................................................................
     ...........................................................................................................................................................................................................................
14. Knowledge of languages and choice for written tests (this choice is final: see the ‘Notice of competition’, point IX):
                                                                      READ                     WRITTEN                      SPOKEN
                                                                   Very good                   Very good                   Very good                       First                     Second
                                          Native                                                                                Optional
                                                                   OR Good                      OR Good                     OR Good                    compulsory                  compulsory
                                        language                                                                                test
                                                                  OR Average                  OR Average                  OR Average                        test                        test
        Danish                   ..............................................................................................................................................................................................
        Dutch                    ..............................................................................................................................................................................................
        English                  ..............................................................................................................................................................................................
        Finnish                  ..............................................................................................................................................................................................
        French                   ..............................................................................................................................................................................................
        German                   ..............................................................................................................................................................................................
        Greek                    ..............................................................................................................................................................................................
        Italian                  ..............................................................................................................................................................................................
        Portuguese               ..............................................................................................................................................................................................
        Spanish                  ..............................................................................................................................................................................................
        Swedish                  ..............................................................................................................................................................................................
        Other                    ..............................................................................................................................................................................................
        Other                    ..............................................................................................................................................................................................
15. Office skills
    Typing:                                                                                M YES                    M NO
        Speed (if known): ...........................................................
        Keyboard normally used:
        M AZERTY                          M QWERTY                          M GREEK                            M OTHER
    Wordprocessing:                                                                                M YES                    M NO
        Program(s) used: ............................................................
        Keyboard normally used:
        M AZERTY                          M QWERTY                          M GREEK                            M OTHER
 ---pagebreak---     (Use a typewriter or print legibly in INK)
16. PREVIOUS POSITIONS: Starting with your present employment, indicate in reverse chronological order all the posts you have held in the
    past 10 years and any other relevant previous experience. Use one box for each position held. Add further sheets if necessary.
       1.                          Present or last employment                                                     2.
                  Dates                                      Net annual salary                                               Dates                                      Net annual salary
         From                 To                    Starting                            Latest                      From                 To                    Starting                              Last
       Exact title of your post:                                                                                Exact title of your post:
       Name of your employer:                                                                                Name of your employer:
       Full address of your employer:                                                                             Full address of your employer:
        Nature of your work (1):                                                                                Nature of your work (1):
    .......................................................................................................... ..........................................................................................................
    .......................................................................................................... ..........................................................................................................
    .......................................................................................................... ..........................................................................................................
    .......................................................................................................... ..........................................................................................................
    .......................................................................................................... ..........................................................................................................
    .......................................................................................................... ..........................................................................................................
       Period of notice:
                                                                                ..........................................................................................................
        May we ask your present employer
        for a reference at this stage?                                          M YES             M NO         ..........................................................................................................
        Reasons for leaving:                                                                                Reasons for leaving:
    .......................................................................................................... ..........................................................................................................
       3.         Dates                                       Net annual salary                                   4.         Dates                                       Net annual salary
         From                 To                    Starting                              Last                      From                 To                    Starting                              Last
       Exact title of your post:                                                                                Exact title of your post:
       Name of your employer:                                                                                Name of your employer:
       Full address of your employer:                                                                             Full address of your employer:
       Nature of your work (1):                                                                                Nature of your work (1):
    .......................................................................................................... ..........................................................................................................
    .......................................................................................................... ..........................................................................................................
    .......................................................................................................... ..........................................................................................................
    .......................................................................................................... ..........................................................................................................
       Reasons for leaving:                                                                                Reasons for leaving:
    .......................................................................................................... ..........................................................................................................
    (1) Indicate the town in which you work (or worked) if other than that in which the head office of the establishment indicated above is (or was) situated.
 ---pagebreak---     (Use a typewriter or print legibly in INK)
17. Residence abroad (years, countries visited, purpose of visit):
    ...........................................................................................................................................................................................................................
    ...........................................................................................................................................................................................................................
18. Have you taken part in any competitive examination for a post with the European Communities before?                                                                                YES M           NO M
    ...........................................................................................................................................................................................................................
19. Distinctions and decorations: ............................................................................................................................................................................
20. Social activities and sports: ...............................................................................................................................................................................
21. Special interests: ..............................................................................................................................................................................................
22. Referees: Give the names and addresses of three people who are not relatives and are well acquainted with your character and
    professional qualifications:
                                                                                FULL ADDRESS                                                                 OCCUPATION
                              FULL NAME                                                (and telephone number if you know it)                                                           (specify)
    ............................................................................................................................................................................................................................
    ............................................................................................................................................................................................................................
    ............................................................................................................................................................................................................................
    ............................................................................................................................................................................................................................
    ............................................................................................................................................................................................................................
23. Have you a physical handicap that might pose practical problems during the tests?
    YES M                   NO M
    If yes, please give details to enable the administration to make the necessary arrangements, if it can:
    ...........................................................................................................................................................................................................................
24. CRIMINAL RECORD: Have you been convicted of any offence?
    (if so, give details)
    ...........................................................................................................................................................................................................................
    I hereby declare that the information contained in this form is to the best of my knowledge correct and complete.
    I further declare that:
    1. I have not been deprived of my civic rights;
    2. I have complied with the provisions of all military recruitment laws applicable to me.
    I undertake to supply on request the necessary extracts, diplomas, certificates or documents in respect of the above declarations.
    I understand that any misstatement or omission, even if not wilful, may lead to the rejection of my application.
    I agree to undergo the compulsory medical examination prior to employment.
     ....................................................................                                                                                ....................................................................
                                   (Date)                                                                                (Signature)
 ---pagebreak---  ---pagebreak---    COURT OF JUSTICE
         OF THE
EUROPEAN COMMUNITIES
  Personnel Department
                                      To be filled in by the candidate:
  L-2925 LUXEMBOURG
                                            Name:       .............................................................................
                                            Address: .............................................................................
                                                        .............................................................................
                                                        .............................................................................
                Acknowledgement of receipt of application for entry to
                competition CJ/LA/23
                Reminder:    Copies of documents relating to degrees or other qualifications and experience, if not
                             already sent, must be sent by 30 September 2002 at the latest, preferably by registered
                             post, and must bear the number of the competition.
        COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES, KIRCHBERG, LUXEMBOURG
                       Telephone 43 03-1; Fax No 4303-2710; Luxembourg 2925.


title: Case C-207/03: Reference for a preliminary ruling by the High Court of Justice (England and Wales), Chancery Division, Patents Court by order of that court dated 6 May 2003, in the case of 1) Novartis AG 2) University College London 3) Institute of Microbiology and Epidemiology against Comptroller General of Patents, Designs and Trade Marks for the United Kingdom

text:
5.7.2003               EN                         Official Journal of the European Union                                            C 158/17
Reference for a preliminary ruling by the High Court of                   The Commission of the European Communities claims that
Justice (England and Wales), Chancery Division, Patents                   the Court should:
Court by order of that court dated 6 May 2003, in the
case of 1) Novartis AG 2) University College London
3) Institute of Microbiology and Epidemiology against
Comptroller General of Patents, Designs and Trade Marks                   1.    declare that, by applying a prior authorisation procedure
                     for the United Kingdom                                     to personal imports, not effected by personal transport,
                                                                                of medicinal products lawfully prescribed in France,
                                                                                authorised under amended Directive 65/65/EEC (1)
                          (Case C-207/03)                                       (replaced by Directive 2001/83/EC) ( 2), both in France
                                                                                and in the Member State of the European Community
                          (2003/C 158/28)                                       where they are purchased, the French Republic has failed
                                                                                to fulfil its obligations under Article 28 of the Treaty
                                                                                establishing the European Community;
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of                     2.    declare that, by applying a prior authorisation procedure
Justice (England and Wales), Chancery Division, Patents Court                   to personal imports, not effected by personal transport,
dated 6 May 2003, which was received at the Court Registry                      of homeopathic medicinal products lawfully prescribed
on 14 May 2003, for a preliminary ruling in the case of                         in France and registered in a Member State of the
1) Novartis AG 2) University College London 3) Institute of                     European Community pursuant to Directive 92/73/
Microbiology and Epidemiology and Comptroller General of                        EEC (3) (replaced by Directive 2001/83/EC), the French
Patents, Designs and Trade Marks for the United Kingdom on                      Republic has failed to fulfil its obligations under Article 28
the following questions:                                                        of the Treaty establishing the European Community;
1)     Is the date of the granting of a marketing authorisation
       in Switzerland, which is automatically recognised in
       Liechtenstein, to be considered as the first authorisation         3.    declare that, by applying a disproportionate prior author-
       to place a medicinal product on the market, for the                      isation procedure to personal imports, not effected by
       purpose of calculating the duration of a supplementary                   personal transport, of medicinal products lawfully pre-
       protection certificate as provided in Article 13 of Regu-                scribed in France, not authorised in that country but only
       lation 1768/92 ( 1) (as amended by the EEA Agreement)?                   in the Member State of the European Community where
                                                                                they are purchased, the French Republic has failed to
2)     Is a competent authority within the EEA obliged to rectify               fulfil its obligations under Article 28 of the Treaty
       any existing supplementary protection certificates, the                  establishing the European Community;
       duration of which has been erroneously calculated?
                                                                          4.    order the French Republic to pay the costs.
( 1) Council Regulation (EEC) No 1768/92 of 18 June 1992 concern-
     ing the creation of a supplementary protection certificate for
     medicinal products OJ L 182, 02.07.1992, p. 1.
                                                                          Pleas in law and main arguments
Action brought on 15 May 2003 by the Commission of
  the European Communities against the French Republic
                          (Case C-212/03)                                 The Commission alleges the existence of measures having an
                                                                          effect equivalent to quantitative restrictions on imports of
                                                                          medicinal products, consisting of the imposition of a prior
                          (2003/C 158/29)                                 authorisation procedure relating to the personal importation
                                                                          into France, not effected by personal transport, of lawfully
                                                                          prescribed medicinal products, in breach of Article 28 EC.
                                                                          Such authorisation is required by the articles of the French
An action against the French Republic was brought before the              Public Health Code relating to the importation into French
Court of Justice of the European Communities on 15 May                    customs territory of medicinal products, including those
2003 by the Commission of the European Communities,                       having the status of Community goods. In many cases, that
represented by H. Støvlbæk and B. Stromsky, acting as Agents,             prior authorisation procedure cannot be justified on the basis
with an address for service in Luxembourg.                                of Article 30 EC.


title: Case C-28/02: Action brought on 31 January 2002 by the Commission of the European Communities against the Kingdom of Spain

text:
16.3.2002              EN                    Official Journal of the European Communities                                         C 68/9
—     Order the Italian Republic to pay the costs.                      Action brought on 31 January 2002 by the Commission
                                                                        of the European Communities against the Kingdom of
                                                                                Spain
Pleas in law and main arguments
                                                                                (Case C-28/02)
Article 249 EC, which provides that a directive is to be binding
as to the result to be achieved on each Member State to which
it is addressed, implies an obligation that the Member States
comply with the time-limits for transposition prescribed by                                      (2002/C 68/18)
directives. In the present case the prescribed period expired on
18 January 2001 without the Italian Republic having adopted
the provisions necessary to comply with the directive referred
to in the form of order sought by the Commission.
                                                                        An action against the Kingdom of Spain was brought before
                                                                        the Court of Justice of the European Communities on 31 Janu-
                                                                        ary 2002 by the Commission of the European Communities,
                                                                        represented by Gregorio Valero Jordana, of its Legal Service,
                                                                        acting as Agent, with an address for service in Luxembourg at
                                                                        the office of Luis Escobar Guerrero, also of the Commission’s
Action brought on 31 January 2002 by the Kingdom of                     Legal Service, Wagner Centre, Luxembourg.
 Spain against the Council of the European Communities
                         (Case C-26/02)
                                                                        The applicant claims that the Court should:
                         (2002/C 68/17)
                                                                        —     declare that, by failing to bring into force the laws,
                                                                              regulations and administrative provisions needed in order
An action against the Council of the European Communities                     to comply with Directive 1999/94/EC(1) of the European
was brought before the Court of Justice of the European                       Parliament and of the Council of 13 December 1999
Communities on 31 January 2002 by the Kingdom of Spain,                       relating to the availability of consumer information on
represented by R. Silva de Lapuerta, acting as Agent, with an                 fuel economy and CO2 emissions in respect of the
address for service in Luxembourg.                                            marketing of new passenger cars, or, in any event, by
                                                                              failing to have informed the Commission of any such
                                                                              laws, regulations or administrative provisions, the
The applicant claims that the Court should:                                   Kingdom of Spain has failed to fulfil its obligations under
                                                                              that Directive;
—     annul the point relating to anchovies referred to in note
      (2) to the item relating to stocks of ‘Anchovy; Zones: IX,
      X, CECAF 34.1.1’ (EC waters) contained in Annex ID to             —     order the Kingdom of Spain to pay the costs.
      Council Regulation (EC) No 2555/2001 (1) of 18 Decem-
      ber 2001 fixing for 2002 the fishing opportunities and
      associated conditions for certain fish stocks and groups
      of fish stocks, applicable in Community waters and, for
      Community vessels, in waters where limitations in catch
      are required; and                                                 Pleas in law and main arguments
—     order the defendant institution to pay the costs.
                                                                        Under Article 12 of Directive 1999/94/EC, the Kingdom of
Pleas in law and main arguments                                         Spain should have brought into force the measures necessary
                                                                        to comply with the Directive by 18 January 2001 and should
                                                                        have informed the Commission thereof.
The pleas in law and main arguments are similar to those in
Case C-22/01 (2).
                                                                        (1) OJ L 12, 18.1.2000, p. 16.
(1) OJ L 347 of 31.12.2001, p. 1.
(2) OJ C 79, 10.3.2001, p. 18.


title: Case T-270/99: Action brought on 3 November 1999 by Polyxeni Tessa and Andreas Kh. Tessas against the Council of the European Union

text:
C 63/22                EN                    Official Journal of the European Communities                                      4.3.2000
                                                       COURT OF FIRST INSTANCE
Action brought on 3 November 1999 by Polyxeni Tessa                     Actions brought on 27 October 1999 by M.G.W. Ruypers,
and Andreas Kh. Tessas against the Council of the                       trading as Garage M.J.G. Ruypers, and Others against the
                        European Union                                           Commission of the European Communities
                        (Case T-270/99)                                                  (Cases T-285/99 to T-289/99)
                         (2000/C 63/42)                                                         (2000/C 63/43)
                   (Language of the case: Greek)
                                                                                (Language of the case: Dutch)
An action against the Council of the European Union was
brought before the Court of First Instance on 3 November                Actions against the Commission of the European Communities
1999 by Polyxeni Tessa and Andreas Kh. Tessas, residing                 were brought before the Court of First Instance of the European
in Larisa, Odos Tagmatarkhou Velissariou 21-23 (Greece),                Communities on 27 October 1999 by M.G.W. Ruypers,
represented by Andreas Kh. Tessas, Lawyer, with an address              trading as Garage M.J.G. Ruypers, of Valkenburg (Netherlands),
for service in Luxembourg at the Chambers of Aikaterini                 and others, represented by M.J.C. Deriks, of the Rotterdam Bar.
Thill-Kamitaki, 4 Rue de l’Avenir.
                                                                        The applicants claim that the Court should:
The applicants claim that the Court of First Instance should:
                                                                        (a) annul the Commission’s decision [C(1999) 2539 final] (1)
— uphold this action for annulment with a view to declaring                 of 20 July 1999 concerning State aid granted by the
    void, for the reasons referred to in the claims for relief in           Netherlands to 633 service stations in the region bordering
    the application, the decision of 15 December 1998                       Germany;
    (No 14015/98) of the Council of the European Union
    relating to the taking over by the Greek State of the debts         (b) order the Commission to pay the costs.
    of certain bodies of the agricultural economy owed to the
    Agricultural Bank of Greece;
                                                                        Pleas in law and main arguments
— order the Council of the European Union to pay our costs.
                                                                        The pleas in law and main arguments are the same as in Cases
Pleas in law and main arguments                                         T-273/99 to T-278/99.
First plea                                                              (1) OJ L 280 of 30.10.1999, p. 87.
Misapplication, by the Council’s Decision of 15 December
1998 (No 14015/98), relating to the taking over by the Greek
State of the debts of certain bodies of the agricultural economy
owed to the Agricultural Bank of Greece, of the third
subparagraph of Article 88(2) EC.
                                                                        Actions brought on 27 October 1999 by Autobedrijf
Second plea                                                             Ueffing C.V. and Others against the Commission of the
                                                                                European Communities
Manifest error on the part of the Council in adopting the above
contested decision inasmuch as it considered that there were
                                                                                (Cases T-290/99 to T-316/99)
exceptional circumstances within the meaning of the third
paragraph of Article 88(2) EC. Wrongful exercise on the part
of the Council of the discretion conferred on it under the third                                (2000/C 63/44)
paragraph of Article 88(2) EC.
                                                                                (Language of the case: Dutch)
Third plea
The adoption of the above contested decision was a misuse of            Actions against the Commission of the European Communities
powers.                                                                 were brought before the Court of First Instance of the European
                                                                        Communities on 27 October 1999 by Autobedrijf Ueffing
                                                                        C.V., of Groenlo (Netherlands), and others, represented by
                                                                        M.J.C. Deriks, of the Rotterdam Bar.


title: Case T-280/09: Action brought on 13 August 2010 — Morte Navarro v Parliament

text:
               4.12.2010

               EN

               Official Journal of the European Union

               C 328/31

         Action brought on 13 August 2010 — Morte Navarro v Parliament
   (Case T-280/09)
   ()
   2010/C 328/53
   Language of the case: Spanish

      Parties

      Applicant: José Carlos Morte Navarro (Zaragoza, Spain) (represented by: J. González Buitrón, lawyer)

      Defendant: European Parliament

      Form of order sought

               —

               annul the Decision of 5 May 2009, issue number 202660, of the European Parliament’s Committee on Petitions, by which it closed Petition No 1818-08 submitted by Mr. Morte Navarro, give a fresh decision that declares admissible Petition No 1818-08 submitted by Mr. Morte Navarro to the European Parliament and examines that petition in accordance with the legally established procedure, and order the defendant to pay the costs;

               —

               in the alternative, if the above claim does not succeed, annul the above-mentioned Decision of 5 May 2009, and

               —

               order the European Parliament’s Committee on Petitions to adopt a new decision that determines whether or not the petition submitted by Mr. Morte Navarro is admissible, and order the defendant to pay the costs.

      Pleas in law and main arguments

   This action is brought against the Decision of the European Parliament’s Committee on Petitions of 5 May 2009, by which it decided to take no further action on the petition submitted by the applicant on the ground that it clearly does not come within the jurisdiction of the European Union.
   In his petition, the applicant requested that an investigation be initiated by the European Parliament with a view to the latter, pursuant to Article 7 of the Treaty on European Union, asking the Council to declare the existence of a serious and persistent breach by the Spanish State of the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, referred to in Article 6(1) of the Treaty on European Union.
   In support of his claims, the applicant alleges the lack of a proper statement of reasons in the contested decision, given that it sets out no arguments, other than the simple assertion that the issue raised clearly does not fall within the area of activity of the European Union, which would enable him to be informed of the reasons and grounds that have led the European Parliament’s Committee on Petitions to take no further action on the petition.


title: Removal from the register of Case T-68/94 (1999/C 1/35)

text:
C 1/18               EN                  Official Journal of the European Communities                                4.1.1999
With regard to the pleas in law and main arguments upon                    Removal from the register of Case T-68/94 (1)
which he relies, the applicant merely states that:                                           (1999/C 1/35)
Ð he started once again to draw his retirement pension
                                                                                (Language of the case: German)
    at the age of 54; consequently, there appear to be
    justifiable reasons for recalculating that pension;
                                                                    By order of 23 October 1998 the President of the Fourth
Ð he was unable to apply for the transfer of the pension            Chamber (Extended Composition) of the Court of First
    rights in issue until such time as he had the                   Instance of the European Communities ordered the
    opportunity of acquiring them by voluntary                      removal from the register of Case T-68/94: Edoard Arends
    contributions, which recently became possible in                v. Commission of the European Communities.
    France. He considers in that regard that it is
    particularly unjust and inconsistent, in view of the            (1) OJ C 103, 11.4.1994.
    events which have occurred, to invoke a time-bar
    against him. In addition, the meagreness of his pension
    is such that, in his view, an exception should be made
    in his case, that exception being justifiable on the
    ground of ordinary common sense;
                                                                           Removal from the register of Case T-264/94 (1)
Ð he does not enjoy the benefit of Community medical
                                                                                (1999/C 1/36)
    cover, even though he is no longer covered under any
    national scheme.
                                                                                (Language of the case: Dutch)
Lastly, the applicant states that he is not in receipt of any
invalidity pension, despite the fact that his invalidity has        By order of 3 November 1998 the President of the Fourth
been recognised by the Commission. He pleads in that                Chamber (Extended Composition) of the Court of First
regard infringement of Article 78 of the Staff Regulations,         Instance of the European Communities ordered the
which he had asked to be applied to him, inasmuch as the            removal from the register of Case T-264/94: A. G. van den
Commission refused that request on the pretext of his               Akker v. Council of the European Union and Commission
future removal from his post, at a time when he was still           of the European Communities.
an official.
                                                                    (1) OJ C 275, 1.10.1994.


title: Case T-609/15: Action brought on 29 October 2015 — Repsol v OHIM — Basic (BASIC)

text:
               25.1.2016

               EN

               Official Journal of the European Union

               C 27/63

         Action brought on 29 October 2015 — Repsol v OHIM — Basic (BASIC)
   (Case T-609/15)
   (2016/C 027/81)
   Language in which the application was lodged: English

      Parties

      Applicant: Repsol, SA (Madrid, Spain) (represented by: J. Devaureix, lawyer)

      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

      Other party to the proceedings before the Board of Appeal: Basic AG Lebensmittelhandel (München, Germany)

      Details of the proceedings before OHIM

      Proprietor of the trade mark at issue: Applicant

      Trade mark at issue: Community figurative mark containing the word element ‘BASIC’– Community trade mark No 5 648 159

      Procedure before OHIM: Proceedings for a declaration of invalidity

      Contested decision: Decision of the First Board of Appeal of OHIM of 11 August 2015 in Case R 2384/2013-1

      Form of order sought

   The applicant claims that the Court should:

               —

               admit this writ of claim, with all the documents annexed, and the correspondent copies;

               —

               admit all the evidences attached to this writ;

               —

               annul the contested decision;

               —

               order the Applicant to bear the costs of the proceedings.

      Plea(s) in law

               —

               The Board of appeal has incorrectly assessed the evidence submitted by Basic AG as to its genuine use of a company names ‘Basic AG’ and ‘Basic’ use in the course of trade in Germany;

               —

               The contested decision is incorrectly based on article 8(4) of Regulation No 207/2009, in relation to Article 53 (1) (c), as far as between the marks ‘basic’ figuratives there is no likelihood of confusion. The term basic is lack of distinctiveness;

               —

               The exceptional protection of the German Trademark Law regarding non registered trade names has to be interpreted restrictively, according to Rome Treaty, 23 March 1957 and Community case law.


               30.4.2005

               EN

               Official Journal of the European Union

               C 106/21

         Removal from the register of Case C-69/04 (1)

   (2005/C 106/43)

      (Language of the case: Italian)

   By order of 4 February 2005, the President of the Court of Justice of the European Communities has ordered the removal from the register of Case C-69/04 (Reference for a preliminary ruling from the Tribunale di Civitavecchia (Italy)): Ligabue Gate Gourmet Roma SpA, in liquidation v LSG Sky Chefs SpA. and European Avia Service SpA v Abela Italia SpA.

      (1)  OJ C 94 of 17.04.2004.


title: Case T-464/04: Order of the Court of First Instance of 30 June 2009 — Impala v Commission (Competition — Concentration — Sony BMG joint venture — Action becoming devoid of purpose — No need to adjudicate)

text:
               29.8.2009

               EN

               Official Journal of the European Union

               C 205/37

         Order of the Court of First Instance of 30 June 2009 — Impala v Commission
   (Case T-464/04) (1)

   (Competition - Concentration - Sony BMG joint venture - Action becoming devoid of purpose - No need to adjudicate)
   2009/C 205/69
   Language of the case: English

      Parties

      Applicant: Independent Music Publishers and Labels Association (Impala, international association) (Brussels, Belgium) (represented by: S. Crosby and J. Golding, Solicitors, and I. Wekstein-Steg, lawyer)

      Defendant: Commission of the European Communities (represented by: X. Lewis and K. Mojzesowicz, Agents)

      Interveners in support of the defendant: Bertelsmann AG (Gütersloh, Germany) (represented by: P. Chappatte and J. Boyce, Solicitors); Sony BMG Music Entertainment BV (Vianen, Netherlands); and Sony Corporation of America (NewYork, New York, United States) (represented by N. Levy, Barrister, and by R. Snelders and T. Graf, lawyers)

      Re:

   Application for annulment of Commission Decision 2005/188/EC of 19 July 2004 declaring a concentration to be compatible with the common market and the functioning of the EEA Agreement (Case No COMP/M.3333 — Sony/BMG) (OJ 2005 L 62, p. 30).

      Operative part of the order

               1.

               There is no longer any need to adjudicate on the present action.

               2.

               Each party is to bear its own costs, both before the Court of First Instance and before the Court of Justice.

      (1)  OJ C 6, 8.1.2005.


C 86/14                EN                 Official Journal of the European Communities                                27.3.1999
Pleas in law and main arguments adduced in support:                       United Kingdom has failed to fulfil its obligations
                                                                          under these Directives, and
The pleas in law and main arguments are analogous to
those put forward in Case C-26/99 (2); the period laid
down in the directive expired on 31 May 1997.                        Ð order the United Kingdom to pay the costs.
(1) OJ L 140, 13.6.1996, p. 30.
(2) See page 11 of this Official Journal.                            Pleas in law and main arguments adduced in support:
                                                                     Article 189 of the EC Treaty, under which a directive shall
                                                                     be binding, as to the result to be achieved, upon each
                                                                     Member State, carries by implication an obligation on the
                                                                     Member States to observe the period for compliance laid
                                                                     down in the directive. That period expired on 1 July 1992
Action brought on 10 February 1999 by the Commission                 at the latest without the United Kingdom having enacted
of the European Communities against the United                       the provisions necessary to comply with the directive
                             Kingdom                                 referred to in the conclusions of the Commission.
                         (Case C-39/99)
                         (1999/C 86/27)                              (1 ) OJ L 18, 24.1.1980, p. 26.
                                                                     (2 ) OJ L 117, 4.5.1983, p. 15.
                                                                     (3 ) OJ L 363, 13.12.1989, p. 27.
                                                                     (4 ) OJ L 76, 23.3.1992, p. 21.
An action against the United Kingdom was brought before
the Court of Justice of the European Communities on
10 February 1999 by the Commission of the European
Communities, represented by Mr Richard Wainwright,
Principal Legal Adviser, acting as agent, with an address
for service in Luxembourg at the Office of Carlos Gómez
de la Cruz, member of the Legal Service of the                               Removal from the register of Case C-321/98 (1)
Commission, Centre Wagner, Kirchberg.
                                                                                (1999/C 86/28)
The applicant claims that the Court should:
                                                                     By order of 12 January 1999 the President of the Court of
Ð declare that by failing to adopt the laws, regulations             Justice of the European Communities has ordered the
     or administrative provisions necessary to comply with:          removal from the register of Case C-321/98: Commission
                                                                     of the European Communities v. French Republic.
     Ð Council Directive 80/51/EEC (1) of 20 December
         1979 on the limitation of noise emissions from              (1) OJ C 299, 26.9.1998.
         subsonic aircraft;
     Ð Council Directive 83/206/EEC (2) of 21 April 1983
         amending Directive 80/51/EEC on the limitation of
         noise emissions from subsonic aircraft;
     Ð Council Directive 89/629/EEC (3) of 4 December                         Removal from the register of Case C-4/98 (1)
         1989 on the limitation of noise emissions from                                       (1999/C 86/29)
         civil subsonic jet aeroplanes;
     Ð Council Directive 92/14/EEC (4) of 2 March 1992               By order of 14 January 1999 the President of the Court of
         on the limitation of the operation of aeroplanes            Justice of the European Communities has ordered the
         covered by Part II, Chapter 2, Volume 1 of                  removal from the register of Case C-4/98 (reference for a
         Annex 16 to the Convention on International Civil           preliminary ruling from Sù- og Handelsretten): Calvin
         Aviation, second edition (1988)                             Klein Trademark Trust v. Cowboyland Aalborg A/S and
                                                                     Others.
     with respect to the territory of Gibraltar, or in any
     event by failing to inform the Commission thereof, the          (1) OJ C 72, 7.3.1998.


title: Action brought on 20 October 1997 by Ismeri Europa Srl against the Court of Auditors of the European Communities (Case T-277/97)

text:
C 7/22                 EN                   Official Journal of the European Communities                                       10. 1. 98
In support of the forms of order which it seeks, the                   Pleas in law and main arguments adduced in support:
applicant relies on the following pleas in law:
                                                                       The applicant contests the definitive rejection of the
Ð breach of essential procedural requirements in that, in              complaint which it lodged against the company Volvo
     the contested decision, the Commission gives no                   France on the basis of Article 85 of the EC Treaty and
     reasons for its failure to take action regarding the              Commission Regulation (EEC) No 123/85 (1) concerning
     infringements ante-dating the entry into force of                 the imposition by that company of concession conditions
     Regulation (EC) No 1475/95, which were reported to                which the applicant considers incompatible with that
     it,                                                               Regulation.
Ð infringement of the Treaty, in that the defendant                    The contentions and principal arguments adduced in
     manifestly erred in its appraisal of the facts,                   support are the same as those in Case T-275/95 GueÂrin
                                                                       Automobiles v. Commission (2).
Ð misuse of powers, in that, in repeating in its analysis
     the arguments put forward by Nissan France, the                   (1) Commission Regulation (EEC) No 123/85 of 12 December
                                                                           1984 on the application of Article 85 (3) of the Treaty to
     defendant's intention was to grant an amnesty. Also,                  certain categories of motor vehicle distribution and servicing
     the defendant's attitude runs directly counter to the                 agreements (OJ L 15, 18. 1. 1985, p. 16).
     Community interest as a result of its refusal to ensure           (2) See page 21 of this Official Journal.
     the real effectiveness of Community competition law.
(1) Commission Regulation (EEC) No 123/85 of 12 December
    1984 on the application of Article 85 (3) of the Treaty to
    certain categories of motor vehicle distribution and servicing
    agreements (OJ L 15, 18. 1. 1985, p. 16).
(2) Commission Regulation (EC) No 1475/95 of 28 June 1995 on           Action brought on 20 October 1997 by Ismeri Europa Srl
    the application of Article 85 (3) of the Treaty to certain         against the Court of Auditors of the European
    categories of motor vehicle distribution and servicing                                       Communities
    agreements (OJ L 145, 29. 6. 1995, p. 25).
                                                                                (Case T-277/97)
                                                                                (98/C 7/64)
                                                                                (Language of the case: Italian)
Action brought on 20 October 1997 by GueÂrin                           An action against the Court of Auditors of the European
Automobiles against Commission of the European                         Communities was brought before the Court of First
                           Communities                                 Instance of the European Communities on 20 October
                         (Case T-276/97)                               1997 by Ismeri Europa Srl, represented by Sergio
                                                                       Ristuccia and Gian Luigi Tosato, of the Rome Bar, with
                            (98/C 7/63)
                                                                       an address for service in Luxembourg at the Chambers of
                                                                       Alex Schmitt, 7, val Ste Croix.
                 (Language of the case: French)
                                                                       The applicant claims that the Court should:
An action against the Commission of the European
Communities was brought before the Court of First
                                                                       (a) declare the Court of Auditors to be liable in damages
Instance on 20 October 1997 by GueÂrin Automobiles,
                                                                             and order it to:
represented       by     Xavier     LemeÂe,      court-appointed
administrator, instructing Jean Claude Fourgoux, of the
Paris Bar, with an address for service in Luxembourg at                      Ð pay an amount which the Court may deem
the Chambers of Pierrot Schiltz, 4, rue BeÂatrix de                               appropriate to make good the damage suffered by
Bourbon.                                                                          the applicant in respect of its reputation,
                                                                             Ð pay ECU 943 725 by way of reparation for
The applicant claims that the Court of First Instance                             material damage suffered as a result of the
should:                                                                           termination of a number of contracts,
Ð annul the Commission decision of 25 April 1997,                            Ð pay an amount to be determined by way of legal
                                                                                proceedings or which the Court may deem fair
                                                                                and equitable in order to make good loss of
Ð formally take note that Mr LemeÂe reserves the right to                         earnings,
     bring an action for compensation pursuant to
     Article 215 of the Treaty,
                                                                             Ð pay interest at the legal rate taking currency
                                                                                fluctuations into account in respect of each of the
Ð order the Commission to pay the costs.                                          above heads of claim,
 ---pagebreak--- 10. 1. 98             EN                Official Journal of the European Communities                                    C 7/23
(b) order the Court of Auditors to pay the costs,                  Action brought on 29 October 1997 by Germain Thinus
      including those incurred in the prelitigation                  against the Commission of the European Communities
      procedure.                                                                         (Case T-283/97)
                                                                                (98/C 7/65)
Pleas in law and main arguments adduced in support:
                                                                                (Language of the case: French)
The applicant, a limited liability company governed by             An action against the Commission of the European
Italian law, which collaborated with the European                  Communities was brought before the Court of First
institutions in the context of the MED programmes,                 Instance of the European Communities on 29 October
objects to the criticisms made of it by the Court of               1997 by Germain Thinus, residing at Hellange
Auditors in its Special Report 1/96 on the MED                     (Luxembourg), represented by Jean-NoeÈl Louis, Thierry
Programmes (1). The report was brought about as a result           Demaseure, Ariane Tornel and FrancËoise Parmentier, of
of it having become apparent that there were serious              the Brussels Bar, with an address for service in
irregularities and mismanagement', according to the Court          Luxembourg at the offices of Fiduciaire Myson SARL, 30,
itself. Basically, the Court's criticism is focused on the         rue de Cessange.
alleged lack of budgetary resources necessary for what the
Court considers to be a delegation of powers to bodies
outside the Community administration. Other factual and            The applicant claims that the Court should:
legal points are made on the basis of that criticism. In
particular, the Court emphasizes the confusion of
                                                                   Ð annul the decision not to promote him to grade B 3 in
interests' which had arisen in the MED's management
                                                                       the context of the 1997 promotion procedure,
system, expressly citing the applicant company as one of
the parties favoured, substantially wrongly, by the system.
                                                                   Ð order the defendant to pay the costs.
The applicant claims first of all that the rights of the           Pleas in law and main arguments adduced in support:
defence, a fundamental principle of Community law, have
been infringed inasmuch as the findings and the report of
the facts contained in the report were discussed and made          The applicant contests the appointing authority's refusal
public without any prior notification to those concerned           to promote him in grade in the context of the 1997
and without the necessary explanations or even                     promotion procedure. He states in that regard that he had
information relevant to a better understanding of the facts        been entered on the list of officials proposed by his
and conduct being duly requested or allowed to be                  directorate for promotion to grade B 3 in 1996. He was
properly argued. Admittedly, Article 206 (1) of the Treaty         rejected for promotion solely on account of his having
of Rome only mentions the institutions when prescribing            been transferred within DG V. The applicant further states
that the Court's reports should be accompanied by the              that he is the only person possessing a staff report
replies of those under investigation. Nonetheless, that            showing him to have performed better than certain
expression cannot be interpreted restrictively as if the right     officials who have been promoted.
to a hearing and of the defence were a privilege of the
Community institutions stricto sensu.
                                                                   In support of his claims, he advances the following pleas
                                                                   in law:
The applicant maintains that the actual points made by
the Court of Auditors are unfounded. With regard, in               Ð infringement of Article 45 of the Staff Regulations,
particular, to the alleged confusion of interests' and the            inasmuch as, if a careful and impartial examination of
allegedly privileged position of Ismeri Europa, the                    the comparative merits of the officials eligible for
applicants consider that there is no conflict of interest              promotion had been carried out in accordance with
where the principal may make decisions over the agent's                the principle of equal treatment, the contested decision
head or authorizes the signing of contracts and determines             would not have been adopted. Consequently, that
the contents, terms and conditions thereof. Thus, in the               decision was adopted in breach of the promotion
present case decision-making remained at all times in the              procedure and is vitiated by a manifest error of
hands of the Commission. According to the applicant, the               assessment committed at the time when the merits of
institutional and functional structure of the MED                      the candidates were being considered,
programmes was intended on the whole to be purely a
work tool of the Commission, which was undeniably in               Ð failure to fulfil the obligation to provide a statement
charge.                                                                of reasons, inasmuch as, throughout the pre-litigation
                                                                       procedure, the applicant was not informed of the
(1) OJ C 240, 19. 8. 1996, p. 1.                                       reasons which had led to the adoption of the contested
                                                                       decision.