9.12.2000

EN

C 355/27

Official Journal of the European Communities

Action brought on 15 September 2000 by P. E. Hoyer Ground of application for annulment of Decision R/78/2000: against the Commission of the European Communities

In so far as the termination of employment was legally valid, notice thereof was given for a legally incorrect date (23 November 1999 instead of 15 February 2000). The term of notice must be extended by a number of days of illness.

(Case T-249/00)

(2000/C 355/59)

Ground of application for annulment of Decision R/26/2000:

(Language of the case: Dutch)

In so far as the termination of employment was legally valid, the amount of leave outstanding as at the date of termination of employment was wrongly calculated (contrary to the ‘just solution’ as referred to in the 1994 judgment).

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 15 September 2000 by P. E. Hoyer, residing at Hoeilaart, Belgium, represented by G. van der Wal, of the Hague Bar, of the firm Barents & Krans, with an address for service in Luxembourg at the Chambers of A. May, of the Luxembourg Bar, 398 Route d’Esch, L-1471 Luxembourg.

The applicant claims that the Court of First Instance should:

1.declare the application admissible;

2.annul the contested decisions (R/26/2000 and R/78/2000) of 14 June 2000;

3.order the defendant to pay the costs of these proceedings.

(Language of the case: Italian)

Pleas in law and main arguments

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 16 September 2000 by Bauer SpA and Others, represented by Andrea Bortoluzzi, of the Venice Bar, and Gian Michele Roberti and Francesco Sciaudone, of the Naples Bar.

The applicant claims that the Court should:

—annul Commission Decision 2000/394/EEC;

—in the alternative, annul Article 5 of the Decision;

—order the Commission to pay the costs.

According to the applicant, in 1998 the Commission, contrary to the agreements made between the parties, decided to reopen the aforementioned internal competition. The applicant was again not placed on the list of successful candidates; he lodged an application for annulment of that decision also (Case T-119/99).

The pleas in law and main arguments are those relied upon in Cases T-234/00 Fondazione Opera S. Maria della Carità v Commission and T-235/00 Codess Sociale and Others.

Referring to the last-mentioned decision of the selection board, the Commission terminated his employment as a member of the temporary staff (contract for an indefinite period). The applicant lodged an application for annulment of that decision also (Case T-70/00). The applicants allege in particular that the decision to recover the aid in question infringes Article 87(1) and (3)(c) and (d) of the Treaty and breaches of the principles of proportionality and equal treatment.

By decision of 14 June 2000 (R/78/2000), the defendant refused to reconsider its position regarding the date on which the contract of employment ended. By decision of the same date (R/26/2000), the defendant refused to declare that six days’ leave had been wrongly deducted and that the applicant was still entitled to 55 days’ leave. The present application seeks the annulment of both decisions.