Case T-72/01: Action brought on 23 March 2001 by Norman Pyres against Commission of the European Communities
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: European Commission, access to information, action for annulment (EU), competition (EU), equal treatment, servant (EU)

C 150/34

EN

Official Journal of the European Communities

19.5.2001

The applicant claims that the Court should:

— that the Joint Committee took its decision without first

hearing the applicant himself; and

— annul the decision of the Registrar of the Court of Justice
of the EC of 22 May 2000 although only to the extent
that by that decision the applicant was dismissed with
effect from 1 June 2000 but not that the applicant was
not reinstated on 16 July 2000;

— that the defendant applied particularly strictly a provision,
Article 40 of the Staff Regulations, which allows the
appointing authority the possibility, without imposing an
obligation, of dismissal after two refusals of reinstate-
ment.

— grant fair compensation, in an amount to be decided by
the Court of First Instance itself on grounds of equity;

— order the defendant to pay the costs.

Pleas in law and main arguments

The present action is directed against the decision of the
appointing authority to deem terminated the employment
relationship between the applicant, a lawyer-linguist at the
Court of Justice, and that institution, a decision based on the
fact that the applicant did not return to work after a period of
unpaid leave on personal grounds.

The applicant states in that respect that his unpaid leave
commenced on 1 June 1992. That leave was renewed on three
occasions and expired on 31 May 1995. Pursuant to Article 40
of the Staff Regulations he was offered reinstatement in the
Court for 1 January 1999. The offer, dated 19 November
1998, did not come to the applicant’s notice until 23 Novem-
ber 1998. It therefore provided, in the applicant’s view, an
excessively short period in which to give a positive reply, and
so that offer was not accepted. However, the applicant put to
the personnel division 16 July 1999 as a possible date for
reinstatement, provided the relevant offer was made to him
within a reasonable period (‘délai raisonnable’). His suggestion
was adopted, but by letter which did not reach him until May
1999 and so the applicant suggested a reinstatement date of
July 2000.

Action brought on 23 March 2001 by Norman Pyres
against Commission of the European Communities

(Case T-72/01)

(2001/C 150/66)

(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 23 March 2001 by Norman Pyres
of Brussels, represented by Georges Vandersanden and Laure
Levi, Avocats.

The applicant claims that the Court should:

— annul the decision of the Selection Board in competition
COM/TA/99 of 31 May 2000 excluding the applicant
from the oral tests in the competition;

— annul all subsequent operations and acts in the compe-

tition;

— so far as necessary, annul the decision of the AHCC of
15 December 2000 dismissing the applicant’s complaint;

In support of his arguments, the applicant claims:

— order the defendant to pay one Euro in compensation for

the harm suffered by the applicant;

— breach of the ‘délai raisonnable’ criterion by the defendant;

— order the defendant to pay the costs.

19.5.2001

EN

Official Journal of the European Communities

C 150/35

Pleas in law and main arguments

The applicant argues first of all that, given that the first written
test entailed dealing with a subject which falls within an area
in which he has been working for a long time and in which he
is recognised as being highly qualified and competent, the
mark which he was awarded (21 out of 50, the minimum
required being 25)
is beyond comprehension, unless the
Selection Board for the competition committed a manifest
error of appraisal. He adds that, by marking his test in a
manner that is clearly incorrect, the defendant treated his test
differently as compared to the tests submitted by the other
candidates, which amounts to discrimination.

furthermore relies on infringement of

The applicant
the
obligation to provide reasons and the general principle of
transparency, in so far as the defendant did not provide him
with any adequate or useful information as regards the exact
and detailed criteria applied by the Selection Board and as
regards the actual application of the evaluation criteria in his
case.

Finally, the applicant claims that, by adopting the contested
its duty to have
decision,

failed to fulfil

the defendant

regard for the welfare of officials and the principles of good
management and sound administration which require that an
agent with a background such as his be retained in the
Commission’s employ.

Removal

from the Register of Cases T-63/00 and

T-90/00 (1)

(2001/C 150/67)

(Language of the case: French)

By order of 23 January 2001, the President of the First
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Cases T-63/00 and T-90/00, Lars Bo Rasmussen v Commission
of the European Communities.

(1) OJ C 135 of 13.5.00 and OJ C 163 of 10.6.00.