Case T-378/00: Action brought on 19 December 2000 by Carmelo Morello 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), administrator, promotion

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He maintains that the decision which has been withdrawn: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.

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).