Case T-349/00: Action brought on 16 November 2000 by Giorgio Lebedef against the Commission of the European Communities
Date: 2001-02-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), civil servants’ union, equal treatment, political discrimination

C 61/14

EN

Official Journal of the European Communities

24.2.2001

COURT OF FIRST INSTANCE

Action brought on 16 November 2000 by Giorgio Lebedef
against the Commission of the European Communities

In support of his application, the applicant pleads:

(Case T-349/00)

(2001/C 61/27)

— infringement of the framework agreement concluded
between the Commission and the OSPs in 1974, on
account of the absence of any objective examination of
the representativity of the OSPs and a manifest error in
the comparative assessment of that representativity;

— breach of the principle of equal treatment and non-

discrimination;

(Language of the case: French)

— breach of the principle of the protection of legitimate

interests;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 16 November 2000 by Giorgio
Lebedef, residing at Senningerberg (Luxembourg), represented
by Gilles Bouneou, of the Luxembourg Bar.

— infringement of the rights of the defence;

— breach of the principle prohibiting arbitrary methods, of
the obligation to provide a statement of reasons and of
the duty to have regard for the welfare and interests of
officials;

The applicant claims that the Court should:

— abuse of powers and improper exercise of authority.

— annul the ‘Operational Rules on the consultation levels,
the consultation body and related procedures’ agreed
between the majority of the trade unions/staff associ-
ations (‘the OSPs’) and the administration of the Com-
mission on 19.1.2000;

— alternatively, annul the composition of the consultation
body as provided for by those rules in so far as it
excludes the trade union ‘Action & Défense’ from such
consultations;

— annul the Commission’s decision of 17.2.2000 refusing
to grant the applicant leave to attend, on a mission basis,
the meeting of the ‘Ad hoc working group on staff reports
and proposals for the promotion of staff on secondment
and staff elected or designated to fulfil certain functions’
or to engage on the same basis in any other activity in
the context of staff representation.

Pleas in law and main arguments

The applicant, a Commission official, seeks annulment of the
operational rules in issue on the ground that they exclude
from the consultation body the trade union known as ‘Action
& Défense’, of which he is a one of the leaders. He also seeks
annulment of an individual decision taken against him,
refusing to grant him leave to engage in his trade-union
activities on a mission basis on the ground that such missions
must be restricted exclusively to the OSPs represented on the
consultation body.

Action brought on 20 November 2000 by Andrew M.
Rosemarine against the Office for Harmonisation in the
Internal Market

(Case T-352/00)

(2001/C 61/28)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
Market (OHIM) was brought before the Court of First Instance
of the European Communities on 20 November 2000 by
Andrew M. Rosemarine, represented by James Davis, of the
Aire Centre, London.

The applicant claims that the Court should order the OHIM to:

— compensate for:

— the sum of the value of the job

— the loss of enjoyment of having a job in Alicante

— the inconvenience of these appeals to the OHIM and

the Court;