# C_2004118EN.01005003.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 118/50 |
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30.4.2004

EN

Official Journal of the European Union

C 118/50

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Action brought on 1 April 2004 by Gerhard Frauerwieser against the Commission of the European Communities

(Case T-130/04)

(2004/C 118/109)

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 1 April 2004 by Gerhard Frauerwieser, resident in Brussels, represented by Gilles Bounéou and Frédéric Frabetti, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

| — | order the Commission to complete the applicant's individual file by drawing up his staff reports from the time of his employment at the Commission, 1 November 1996, in particular by drawing up his staff reports for the periods 1997-1999 and 1999-2001; |
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order the Commission to complete the applicant's individual file by drawing up his staff reports from the time of his employment at the Commission, 1 November 1996, in particular by drawing up his staff reports for the periods 1997-1999 and 1999-2001;

| — | annul the reporting year 2001-2002 in regard to the applicant; |
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annul the reporting year 2001-2002 in regard to the applicant;

| — | in the alternative, annul his career development report (CDR) for the period 1 July 2001 to 21 December 2002; |
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in the alternative, annul his career development report (CDR) for the period 1 July 2001 to 21 December 2002;

| — | make a ruling as to costs and fees and order the Commission to pay them. |
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make a ruling as to costs and fees and order the Commission to pay them.

Pleas in law and main arguments:

The applicant requests annulment of the reporting year 2001-2002 in his regard and challenges the AIPN's refusal to allow his application for his individual file to be completed by drawing up his missing staff reports. In the alternative, he requests the annulment of his career development report for the period 1 July 2001 to 31 December 2002.

In support of his application he argues:

| — | infringement of Articles 26 and 43 of the Staff Regulations and of the General Implementing Provisions; |
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infringement of Articles 26 and 43 of the Staff Regulations and of the General Implementing Provisions;

| — | infringement of the Evaluation Guide and the specific guide for staff assessment for 2001-2002: |
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infringement of the Evaluation Guide and the specific guide for staff assessment for 2001-2002:

| — | infringement of the principle of non-discrimination; |
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infringement of the principle of non-discrimination;

| — | infringement of the principle of the protection of legitimate expectations and of the rule ‘patere legem quam ipse fecisti’; |
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infringement of the principle of the protection of legitimate expectations and of the rule ‘patere legem quam ipse fecisti’;

| — | infringement of the duty to have regard to the welfare of staff. |
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infringement of the duty to have regard to the welfare of staff.

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