Case T-23/01: Action brought on 26 January 2001 by Eugene Emile Marie Kimman against Commission of the European Communities
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: Commission Delegation, European Commission, European official, action for annulment (EU), paid leave, public holiday

24.3.2001

EN

Official Journal of the European Communities

C 95/21

Action brought on 26 January 2001 by Eugene Emile
Marie Kimman against Commission of the European
Communities

Action brought on 30 January 2001 by Claire Staelen
against European Parliament and Council of the European
Union

(Case T-23/01)

(2001/C 95/41)

(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 Eugene Emile
Marie Kimman, residing in Overijse (Belgium), represented
by Nicolas Lhoëst, avocat, with an address for service in
Luxembourg.

The applicant claims that the Court should:

(Case T-24/01)

(2001/C 95/42)

(Language of the case: French)

An action against the European Parliament and the Council of
the European Union was brought before the Court of First
Instance of the European Communities on 30 January 2001
by Claire Staelen, residing in Bridel (Luxembourg), represented
by Joëlle Choucroun, avocat, with an address for service in
Luxembourg.

— annul the decision of the Commission of 25 May 2000
in so far as it reduces the applicant’s annual leave for
2000 by one day;

The applicant claims that the Court should:

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, who at the material time was serving with the
Commission Delegation in Latvia, contests the decision of the
appointing authority to reduce by one day her annual leave
allowance for 2000. That decision was purportedly based on
the fact that the delegation in question was closed for 7 days
instead of the 6 days provided for in the Commission’s decision
of 17 July 1997.

In support of her claims, the applicant alleges:

— Unlawfulness of the Commission’s decision of 17 July
1997 restricting to 6 days per year the maximum number
of days on which the offices of the Delegation of the
External Services may be closed, inasmuch as it fails to
observe the principle of equality as between officials.

— Infringement of the special Commission Decision of
21 December 1998 laying down the number of official
holidays for 1999.

— Infringement of Article 60 of the Staff Regulations.

— annul the entire marking procedure in respect of the
written tests for the competition or annul the decision of
the selection board for competition Eur/151/98 awarding
the applicant, for the written test, a mark which did not
allow her to be included in the reserve list;

— in the alternative, order the Parliament and the Council
to pay to the applicant EUR 12 000 in respect of the
non-material damage caused;

— order the defendants to pay the costs.

Pleas in law and main arguments

The applicant in the present case was admitted to Competition
EUR/151/98 designed to draw up a list of eligible persons
to be held in reserve for recruitment as French-language
administrators.

She claims in the respect to have learnt that the selection board
had changed the minimum number of points required to pass
the first two written, thus increasing the number of candidates
who initially passed those two tests without that decision
being justified by a small number of candidates having
obtained the requisite number of points. That irregularity
significantly distorted the final result of the competition.