Case T-98/01: Action brought on 4 May 2001 by Filippos Pierros v Commission of the European Communities
Date: 2001-06-30
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), power to appoint, professional qualifications, staff assessment

C 186/18

EN

Official Journal of the European Communities

30.6.2001

— Infringement of the principle of equal treatment

(a)

(b)

(c)

(d)

infringement because the composition of the selec-
tion board varied and it was unable to carry out a
valid comparison of the candidates;

infringement because of the time which had passed
since the original test period of December 1997;

infringement because the applicant (and he alone)
was examined by all the regular and substitute
members of the selection board;

infringement regarding the ratio of members of
the selection board appointed by the appointing
authority to members appointed by the personnel
committee;

— Infringement of the rules governing the operation of

selection boards

(a)

(b)

infringement because the composition of the selec-
tion board varied;

infringement because the regular and substitute
members participated on the selection board simul-
taneously;

(c)

infringement because the requirement for impar-
tiality was not observed.

C l a i m f o r c o m p e n s a t i o n

The sum sought by the applicant in compensation amounts to
EUR 50 000 .

Action brought on 4 May 2001 by Filippos Pierros v
Commission of the European Communities

(Case T-98/01)

(2001/C 186/27)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on 4 May
2001 by Filippos Pierros, residing in Brussels, represented by
the lawyers Georges Vandersanden and Laue Levi.

The applicant claims that the Court of First Instance should:

— Annul the decision of the appointing authority of 23 June
2000 classifying the applicant in Grade 5, Step 3, and, so
far as may be necessary, annul the implied decision
rejecting the applicant’s complaint;

— Order the defendant to pay the balance of pay corre-
sponding to the difference between the remuneration of
a person in Grade A, Step 3, and that of a person in the
grade above, together with interest thereon at the rate of
8 % per annum as from 1 March 2000;

— Order the defendant to pay damages, calculated pro-
visionally on an ex aequo et bono basis, as EUR 1;

— Order the defendant to pay the costs.

Contentions and principal arguments adduced in support

The applicant contests the decision of the appointing authority
to classify him in Grade A 5, step 3. He contends that the
appointing authority did not comply with Article 31(2) and
Article 32 of the Staff Regulations. According to the applicant,
the appointing authority took no account of his experience or
his exceptional qualifications, nor of the specific requirements
of the service, when deciding on his grade and the step.

The applicant also alleges infringement of the principle of non-
discrimination by the appointing authority. He was classified
in Grade A 5, Step 3, despite his experience or his exceptional
qualifications, yet other persons, without exceptional qualifi-
cations, were classified in the same grade and step. Likewise,
there was discrimination between the applicant and the
other persons to whom the appointing authority applied
Article 32(2) of the Staff Regulations even though the profile
of such persons was less exceptional. According to the
applicant, the principle of non-discrimination is not upheld by
Articles 31 and 32 of the Staff Regulations. The applicant
alleges discrimination between persons who have acquired
experience within the institutions and thous who have acquired
experience outside the Communities as far as deciding on a
person’s grade and step is concerned.

The applicant also alleges infringement of the duty to have
regard for the interests of its staff, infringement of the rules on
the free movement of persons and, finally, a breach of the
obligation to state reasons.