Case T-112/01: Action brought on 22 May 2001 by Ursula Klug against the Council of the European Union
Date: 2001-09-29
Institutions: Court of First Instance
Subjects: Council of the European Union, European official, absenteeism, action for annulment (EU), sick leave, staff assessment

C 275/10

EN

Official Journal of the European Communities

29.9.2001

COURT OF FIRST INSTANCE

ORDER OF THE COURT OF FIRST INSTANCE

Action brought on 22 May 2001 by Ursula Klug against
the Council of the European Union

of 7 June 2001

in Case T-202/00: Mario Costacurta v Commission of the
European Communities (1)

(Officials — Re-assignment of the applicant to a third
country in 1993 — Reintegration of the official in the
Publications Office in 1996 — Loss of entitlement to the
derogating provisions of Annex X to the Staff Regulations
— Request to be reassigned to a third State submitted in
2000 on the basis of Annex X — Manifest inadmissibility
of the action directed against the Commission’s replies)

(Case T-112/01)

(2001/C 275/22)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 22 May 2001 by Ursula Klug, residing in
Brussels, represented by Jean-Noël Louis and Véronique Peere,
avocats, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision definitively establishing her staff report

for the period 1997-1999;

— order the defendant to pay the costs.

(2001/C 275/21)

Pleas in law and main arguments

(Language of the case: French)

The applicant in the present case contests certain assessments
contained in her staff report for the period 1997-1999.

In Case T-202/00: Mario Costacurta, an official of the Com-
mission of the European Communities, residing in Luxem-
bourg, represented by M. Petit, lawyer, with an address for
service in Luxembourg, against Commission of the European
Communities (Agents: G. Valsesia and J. Currall) — application
for annulment directed, first, against the measure contained in
one of the letters from the Director of the Publications Office
sent to the applicant in reply to his request to be reassigned to
a third State, dated 6 June 2000, and, secondly, against the
implied rejection of the applicant’s complaint of 21 July 2000
— the Court of First Instance (Second Chamber), composed of
A.W.H. Meij, President, A. Potocki and J. Pirrung, Judges;
H.
Jung, Registrar, made an order on 7 June 2001, the
operative part of which is as follows:

1.

2.

The application is dismissed as inadmissible.

The applicant shall bear all the costs, including those relating
to the interlocutory proceedings.

(1) OJ 2000 C 285.

In support of her claim, she pleads:

— breach of the staff report procedure as laid down in the
guidelines for staff reports published on 28 July 1989;

— a manifest error in the present case, resulting from
confusion between sick leave and absenteeism, as regards
the assessments appearing under the heading ‘Consistency
of performance’.

Action brought on 18 June 2001 by Giorgio Fedon & Figli
S.p.A, Fedon S.r.l. and Fedon America USA Inc. against
the Commission of the European Communities and the
Council of the European Union

(Case T-135/01)

(2001/C 275/23)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties and the Council of the European Union was brought
before the Court of First Instance of the European Communities
on 18 June 2001 by Giorgio Fedon & Figli S.p.A, Fedon S.r.l.
and Fedon America USA Inc., represented by I. van Bael,
A. Cevese and F. Di Gianni, Avvocati.