Order of the Court of First Instance of 15 November 2000 in Case T-157/00: Nicole Robert v European Parliament (Officials — Prior administrative complaint — Time-limits — Action brought prior to rejection of the complaint — Inadmissibility)
Date: 2001-03-24
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), promotion

C 95/14

EN

Official Journal of the European Communities

24.3.2001

1.

The operation of the decision of the Commission of 9 March
2000 relating to the withdrawal of marketing authorisations
for medicinal products for human use which contain amfepra-
mone [C(2000) 453] is suspended in relation to the applicant.

Action brought on 20 December 2000 by Franz-Martin
Wasmeier against the Commission of the European Com-
munities

2.

Costs are reserved.

(Case T-381/00)

(2001/C 95/28)

(Language of the case: German)

ORDER OF THE COURT OF FIRST INSTANCE

of 15 November 2000

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 December 2000 by Franz-
Martin Wasmeier, of Munich (Germany), represented by
Gerhard Maier, of Messrs Kalaitzis, Türck & Maier, Bernau am
Chiemsee (Germany).

in Case T-157/00: Nicole Robert v European Parliament (1)

The applicant claims that the Court should:

(Officials — Prior administrative complaint — Time-limits
— Action brought prior to rejection of the complaint —
Inadmissibility)

— annul the Commission’s decision of 7.9.2000 concerning
the applicant’s complaint and the Commission’s decision
of 24.9.1999 concerning his classification in grade A 7;

(2001/C 95/27)

— order the Commission to adopt a fresh decision concern-
ing the applicant’s classification in grade, accompanied
by a comprehensive statement of reasons;

(Language of the case: French)

— order the Commission to pay the costs.

In Case T-157/00: Nicole Robert, an official of the European
Parliament, residing at Strassen (Luxembourg), represented by
A. Lorang, of the Luxembourg Bar, with an address for service
in Luxembourg at the latter’s Chambers, 2 Rue des Dahlias,
v European Parliament (Agents: Y. Pantalis and D. Moore) —
application for annulment of the Parliament’s decision not to
promote the applicant to grade B 1 in the context of the 1999
promotions procedure, and of the decisions promoting other
officials in the course of the procedure for that year — the
Court of First Instance (Fifth Chamber), composed of: P. Lindh,
President, and R. Garcı´a-Valdecasas and J.D. Cooke, Judges;
H. Jung, Registrar, made an order on 15 November 2000, the
operative part of which is as follows:

1.

2.

The application is dismissed as inadmissible.

The parties are to bear their own costs.

(1) OJ C 247 of 26.8.2000.

Pleas in law and main arguments

Having sat an open competition, the applicant was appointed
an official of the Commission and classified in grade A 7, step
1. The applicant lodged a complaint against that decision,
seeking classification in grade A 6.

The action is directed against the Commission’s decision
rejecting that complaint. The applicant asserts inter alia that:

— the Commission’s decision is vitiated by errors in the

investigation of the facts and errors of judgment;

— the Commission wrongly failed to carry out a comprehen-
sive assessment of the applicant’s qualifications; and

— the principles of the protection of legitimate expectations

and of equal treatment have been violated.