Case T-384/00: Action brought on 27 December 2000 by Agnès Ajour and others against the Commission of the European Communities
Date: 2001-02-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), pay, pension scheme, servant (EU)

10.2.2001

EN

Official Journal of the European Communities

C 45/25

The applicant claims that the Court should:

— annul the Commission’s decision appointing another
person to post COM/001/00 COMP/D/3 ‘Trade and other
services’, being a grade A3 head of unit post;

— annul the Commission’s decision rejecting the application

of the applicant for the post in question;

— award the sum of 120 000 euro, subject to increase or
decrease during the course of the proceedings, by way of
compensation for the non-material damage suffered by
the applicant as a result of the irregular or incomplete
information gathered by the defendant in relation to the
applicant’s personal file and the state of uncertainty and
worry in which he has been placed with regard to his
future career;

— award the sum of 25 000 euro, subject to increase or
decrease during the course of the proceedings, by way of
compensation for the material damage suffered by the
applicant as a result of his having been rejected as a
candidate for the post to be filled and of his having thus
lost an opportunity of promotion;

— order the Commission to pay all the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those in
Case T-376/00 Morello v Commission.

Action brought on 27 December 2000 by Agnès Ajour
and others against the Commission of the European
Communities

(Case T-384/00)

(2001/C 45/52)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 27 December 2000 by Agnès

Ajour and others,
Véronique Peere, of the Brussels Bar.

represented by Jean-Noël Louis and

The applicants claim that the Court should:

— annul the decisions of the Commission concerning the
drawing-up of the applicants’ pay slips in respect of the
arrears of remuneration due to them for the period from
15 May to 31 December 1999 and their pay slips drawn
up since January 2000, pursuant to Council Regulation
No 2700/1999 of 17 December 1999 adjusting with
effect from 1 July 1999 the remuneration and pensions
of officials and other servants of the European Communi-
ties and the weightings applied thereto;

— as regards the applicants to whom the decision of
14 April 2000 is not addressed, annul the decisions of
the Commission concerning the drawing-up of their pay
slips since January 2000;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicants in the present case are Commission officials or
temporary staff seconded to the Food and Veterinary Office in
Dublin. They have brought their action as a result of the
application to them, with effect from 16 May 1999, of
the weightings referred to in Article 6(2) of Regulation
No 2700/1999 (1).

In the applicants’ view, the Commission has applied a weight-
ing which does not guarantee officials of
the European
Communities who are posted to Dublin a standard of living
and purchasing power equivalent to that of officials working
in Brussels.

In support of their application, the applicants plead:

— infringement of Articles 64 and 65a of the Staff Regu-
lations of officials of the European Communities and of
Annex XI
the
principles of good management and sound adminis-
tration;

to those Regulations, and breach of

— breach of the principles of equal treatment, reasonable
career prospects for all European officials and freedom of
movement for workers.

(1) Council Regulation (EC, ECSC, Euratom) No 2700/1999 of
17 December 1999 adjusting with effect from 1 July 1999 the
remuneration and pensions of officials and other servants of the
European Communities and the weightings applied thereto (OJ
L 327 of 21.12.1999, p. 1).