Case T-375/00: Action brought on 11 December 2000 by Danielle Dubigh and Tamara Zaur-Gora against the Commission of the European Communities
Date: 2001-02-10
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), appointment of staff, secretarial staff, servant (EU)

C 45/24

EN

Official Journal of the European Communities

10.2.2001

Pleas in law and main arguments

The applicants claims that the Court should:

The applicant states that he was informed in August 1999 of
his appointment to the post of head of unit DG XIII/G/2 and
of his promotion to grade A3, but that the Director-General
for Personnel announced to him in February 2000 that he had
decided to annul those decisions in the light of a complaint
submitted by an official who had also applied for the post in
question. In the present proceedings, the applicant contests
that decision withdrawing his appointment and promotion.

He maintains that the decision which has been withdrawn:

— was not adopted in breach of Article 45 of the Staff
Regulations of officials or of vacancy notices 07 of
2 February 2000, inasmuch as those rules were scrupu-
lously observed, having regard to the seniority criteria
needing to be fulfilled in order to qualify for promotion;

— was not adopted on the basis of any manifest error of
assessment in the examination of the comparative merits
and staff reports of the candidates, or in breach of any of
the vacancy notices in issue; and

— is not vitiated by any misuse of powers on the part of the

appointing authority.

In addition, as regards the contested decision, the applicant
pleads:

— infringement of the right to a fair hearing;

— infringement of the obligation to provide a statement of

reasons;

— infringement of the principle of the protection of legit-

imate expectations; and

— infringement of the principles of equal treatment, pro-

portionality and sound administration.

— annul the decision of 12 January 2000 rejecting the
request submitted by Ms Dubigh on 24 September 1999
for the regularisation of her administrative situation by
the acknowledgement of her status as a temporary agent
from 12 May 1997 and the conferment on her of the
rights attaching thereto;

— annul the decision of 12 January 2000 rejecting the
request submitted by Ms Zaur-Gora on 24 September
1999 for the regularisation of her administrative situation
by the acknowledgement of her status as a temporary
agent from 22 May 1997 and the conferment on her of
the rights attaching thereto;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicants state that, since 12 May and 22 May 1997
respectively, they have performed, without interruption, the
same duties as secretaries/typists in the same units, working
successively as members of the interim staff and as members
of the auxiliary staff. In their view, the formal nature of the
contracts and the classification applied to them by the parties
had no effect on the de facto circumstances.

Thus, the tasks carried out by the applicants are characterised
by their continuity; the duties performed by them have been
of a permanent nature.

In support of their claims, the applicants plead infringement
of the principles of sound administration and proper staff
management, together with a misuse of powers in the present
case.

Action brought on 11 December 2000 by Danielle Dubigh
and Tamara Zaur-Gora against the Commission of the
European Communities

Action brought on 19 December 2000 by Carmelo Mor-
ello against the Commission of the European Communi-
ties

(Case T-375/00)

(2001/C 45/50)

(Language of the case: French)

(Case T-378/00)

(2001/C 45/51)

(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 11 December 2000 by Danielle
Dubigh, residing in Brussels, and Tamara Zaur-Gora, residing
at Lodelinsart (Belgium), represented by Jean-Noël Louis and
Véronique Peere, of the Brussels Bar.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 19 December 2000 by Carmelo
Morello, residing in Brussels, represented by Jacques Sambon
and Pierre-Paul Van Gehuchten, of the Brussels Bar.