# C_2005229EN.01003802.xml

| 17.9.2005 | EN | Official Journal of the European Union | C 229/38 |
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17.9.2005

EN

Official Journal of the European Union

C 229/38

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Action brought on 26 July 2005 by Jean-Marc Colombani against the Commission of the European Communities

(Case T-294/05)

(2005/C 229/80)

Language of the case: French

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 26 July 2005 by Jean-Marc Colombani, resident in Brussels, represented by Stéphane Rodrigues and Yola Minatchy, lawyers.

The applicant claims that the Court should:

| — | set aside the Commission's decision of 28 September 2004 determining the applicant's reinstatement as of 1 October 2004, and annul the decision of 21 April 2005 by which the Commission rejected the applicant's complaint brought on 20 December 2004 and requesting that the effective date of reinstatement be fixed retroactively as 1 September 2004; |
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set aside the Commission's decision of 28 September 2004 determining the applicant's reinstatement as of 1 October 2004, and annul the decision of 21 April 2005 by which the Commission rejected the applicant's complaint brought on 20 December 2004 and requesting that the effective date of reinstatement be fixed retroactively as 1 September 2004;

| — | request the Appointing Authority to give due effect to that annulment, in particular, to fix the effective date of the applicant's reinstatement as 1 September 2004; |
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request the Appointing Authority to give due effect to that annulment, in particular, to fix the effective date of the applicant's reinstatement as 1 September 2004;

| — | award the applicant damages in respect of the harm suffered, in the suggested amount of EUR 10 000 by way of material damages and the nominal sum of EUR 1 in damages for non-material harm; |
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award the applicant damages in respect of the harm suffered, in the suggested amount of EUR 10 000 by way of material damages and the nominal sum of EUR 1 in damages for non-material harm;

| — | order the defendant to pay the entire costs. |
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order the defendant to pay the entire costs.

Pleas in law and main arguments

The applicant, an official of the Commission, was on leave on personal grounds until 31 August 2004. Having requested to be reinstated at the end of his leave he was reinstated within the DG RELEX by decision of 28 September 2004.

By the present action, the applicant seeks annulment of the reinstatement decision in so far as the latter did not reinstate him with effect from 1 September 2004, the date on which his leave expired. He submits that several posts corresponding to his profile were available within the Commission on that date and that the Commission was thus obliged to reinstate him in one of those posts in accordance with Article 40 of the Staff Regulations. He also contends that there has been an infringement of the Commission's decision of 28 April 2004 on the detailed arrangements for reinstatement on the ground that the Commission did not contact him before the end of his leave and did not, moreover, use the possibility laid down by that decision, namely that of an additional budgetary post, in order to reinstate him. Finally, the applicant submits that there has been an infringement of the principle of good administration and of the duty of care, and he also claims damages, both material and non-material, for the harm which he claims to have suffered.

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