Notice for the OJ
Action brought on 28 December 2001 by Karl L. Meyer against Council of the European Union and Commission of the European Communities
(Case T-333/01)
(Language of the case: French)
An action against the Council of the European Union and the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 28 December 2001 by Karl L. Meyer, residing in Uturoa (French Polynesia), represented by Jean-Dominique des Arcis, lawyer, with an address for service in Luxembourg.
The applicant claims that the Court should:
(declare that the Commission of the European Communities committed an administrative fault characterised by serious failure to act and by the unlawful failure to fulfil its obligations to implement and monitor the proper application in French Polynesia of decisions on the association of the overseas countries and territories (PTOMs);
(declare that the European Commission committed an administrative fault by providing false information to the European Parliament regarding the origin of the funds borrowed from the SOCREDO development bank and the applicant's rights under decisions on the association of the PTOMs, which have direct effect;
(declare that such failures have caused damage to the applicant which the European Council and the European Commission must make good;
(grant the applicant a period of 12 months to submit figures for its claims;
(order the Council and the Commission to pay the costs.
Pleas in law and main arguments
The applicant is a smallholder in French Polynesia, where he suffered damage as a result of the non-compliance in that territory with Council Decisions 86/283/EEC
1 and 91/482/EEC
2 on the association of the PTOMs. The applicant claims that the Commission has not fulfilled its obligations in that it has not monitored sufficiently closely the local authorities in French Polynesia and the SOCREDO development bank with regard to compliance with Community law and has not required the application and publication of the abovementioned Council decisions. The Commission has thus infringed the principle of good administration and the principle of good faith. Moreover, the applicant complains that he has been discriminated against by comparison with other smallholders in French Polynesia.