Case T-235/01: Action brought on 21 September 2001 by Georgios Karavelis against the European Parliament
Date: 2001-11-24
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), appointment of staff, professional experience, staff assessment

24.11.2001

EN

Official Journal of the European Communities

C 331/33

Action brought on 21 September 2001 by Georgios
Karavelis against the European Parliament

Action brought on 28 September 2001 by the Centre
Européen pour la statistique et le développement A.s.b.l.
(CESD — Communautaire, Asbl) against the Commission
of the European Communities

(Case T-235/01)

(2001/C 331/54)

(Language of the case: Greek)

(Case T-238/01)

(2001/C 331/55)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
21 September 2001 by Georgios Karavelis, an official of the
European Parliament, resident
in Brussels, represented by
K. Tagaras.

The applicant claims that the Court should:

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 September 2001 by the Centre
Européen pour la statistique et le développement Asbl (CESD
— Communautaire, Asbl) established in Luxembourg, rep-
resented by Dominique Grisay and Barbara Koops, lawyers,
with an address for service in Luxembourg.

— allow the application in its entirety and in respect of all

the forms of order sought,

The applicant claims that the Court should:

— annul the notification concerning the filling of vacancy
No 9186 and the implied rejection by the defendant of
the applicant’s administrative complaint of 11 May 2001,

— appoint a legal expert,

— order the defendant to bear the entire legal costs of both

parties irrespective of the outcome of the case.

Pleas in law and main arguments

The applicant, an official of the European Parliament promoted
to Grade A 4 from 1 January 2000, challenges the decisions
by which the defendant rejected his candidature for vacancy
No 9186 (the post of director of the Information Office in
Athens, at Grade A 3) on the ground that, at the time of
submission of his candidature, he had not completed the
required two years’ service at the Grade of A 4. The applicant
submits that, since an application by him contesting the
decision not to promote him to Grade A 4 during the 1998
promotion procedure was pending before the Court of First
Instance, which, by judgment of 8 May 2001, found in his
favour and annulled the relevant decision by the defendant,
the latter was obliged to demonstrate reasonable care and
extend the period for submission of candidatures and thus
take account of his candidature.

— state, on the basis of the legal expert’s report, which
expenses incurred by the applicant should be considered
ineligible, and accordingly what amount, if any, should
be repaid to the Commission by the applicant,

— alternatively, authorise the applicant to determine, on the
basis of the audit carried out by its auditor, which
amounts could properly be considered as ineligible by
the Commission’s internal audit services and, after hearing
the parties, to revise the debit note sent by the Com-
mission’s services on 16 August 2001, determining which
ineligible amounts should be repaid to the Commission
by the applicant,

— order the Commission to pay the costs, including the

costs of the expert’s report.

Pleas in law and main arguments

The applicant is a non-profit-making organisation the object
of which is to implement technical cooperation projects in the
field of statistics for the benefit of third countries. To that end,
the applicant receives subsidies on the basis of an agreement
concluded with the Commission.