Case T-22/01: Action brought on 26 January 2001 by Petros Efthymiou against Commission of the European Communities
Date: 2001-03-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, fine, regulations for civil servants

C 79/26

EN

Official Journal of the European Communities

10.3.2001

— 24 000 000 euro for loss of the chance of being

The applicant claims that the Court should:

awarded the contract in issue;

— 63 000 euro for the expenses and ancillary costs
agreed to in the context of participation in the
restricted invitation to tender;

— 2 000 000 euro for the non-material damage suf-

fered by the applicant;

— order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant in the present case, the subject-matter of which
is the same as in Case T-205/00 Renco v Council (1), seeks full
compensation for the damage suffered by it as a result of the
irregularities established in the award of a public contract for
general installation and maintenance works to be carried out
in the buildings of the Council following the issue of invitation
to tender No 99/S 146-107865/FR of 30 July 1999.

It is alleged that the Council has incurred liability on account
of, in particular, its failure to comply with the requirements
imposed by Directive 93/37/EEC (2), which applies to the
contract in issue. The applicant also complains that the Council
the tenderers
disappointed the legitimate expectations of
concerning the selection criteria actually applied in the
decision-making process.

(1) OJ C 285 of 7.10.2000, p. 19.
(2) Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for the award of public works
contracts.

— annul the decision of the appointing authority of 11 Janu-
ary 2001 imposing on the applicant the disciplinary
measure of downgrading from A 5 to A 6, on the same
step, as provided for in Article 86(2)(e) of the Staff
Regulations;

— order the Commission to compensate him for material
and non-material damage, provisionally assessed, with all
manner of reservations, at EUR 1 350 000;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant contests the disciplinary measure imposed on
him following alleged irregularities committed in the course of
his duties as Head of the Delegation of the European Com-
mission in Bratislava (Slovak Republic).

In support of his claims, he puts forward the following pleas
in law:

— Breach of the rights of the defence and of the disciplinary

procedure.

— Lack of a statement of reasons and erroneous statement

of reasons.

— Manifest error of assessment of the facts giving rise to a

misassessment of law.

— Breach of the principle of proportionality.

Action brought on 26 January 2001 by Georgios S. Zavvos
against Commission of the European Communities

Action brought on 26 January 2001 by Petros Efthymiou
against Commission of the European Communities

(Case T-21/01)

(2001/C 79/46)

(Case T-22/01)

(2001/C 79/47)

(Language of the case: French)

(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 26 January 2001 by Georgios
S. Zavvos, residing in Linkebeek (Belgium), represented by
Georges Vandersanden and Laure Levi, Avocats, with an
address for service in Luxembourg.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 26 January 2001 by Petros Efthy-
miou, residing in Luxembourg, represented by Jean-Noël Louis
and Véronique Peere, avocats, with an address for service in
Luxembourg.

10.3.2001

EN

Official Journal of the European Communities

C 79/27

The applicant claims that the Court should:

Pleas in law and main arguments

— annul

the Commission concerning
the decisions of
‘supplementary amendments’
in respect of mission
expenses incurred by the applicant from 5 to 11 and
from 12 to 18 September 1999 and from 8 to 11 Novem-
ber 1999;

— annul the decision to charge to the applicant overcharges

amounting to EUR 239,08, EUR 254,7 and EUR 90,05;

— order the Commission to repay to the applicant those
amounts together with default interest calculated at 6 %
per annum as from 26 June 2000;

The applicant contests the decision of the Commission to
recover part of the amount which was paid to him by way of
mission expenses incurred during September and November
1999. In support of his application, the applicant puts forward
the following pleas in law:

— failure to fulfil the obligation to give reasons;

— infringement of Article 11(1) and 12(2) of Annex VII of

the Staff Regulations;

— manifest error of assessment; and

— order the defendant to pay the costs.

— invalidity of the 1999 Missions Guide.