Case T-278/01: Action brought on 26 October 2001 by Eric den Hamer against Commission of the European Communities
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), regulations for civil servants, staff assessment

C 3/48

EN

Official Journal of the European Communities

5.1.2002

The applicant claims that the Court should:

— order the defendant to pay compensation amounting to

— annul the decision of the Commission of 14 December
2001 imposing on the applicant the disciplinary sanction
referred to in Article 86(2)(f) of the Staff Regulations,
namely removal from post without reduction or with-
drawal of entitlement to retirement pension;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant relies on Article 87
of the Staff Regulations and Article 7 of the Annex thereto.
According to the applicant, he was not given a proper hearing
during the disciplinary proceedings leading to the sanction in
question. Moreover, the applicant pleads breach of the obli-
gation to state reasons, manifest error of assessment and
breach of the principle of proportionality.

EUR 25 000 for non-material damage;

— order the defendant to pay all the costs.

Pleas in law and main arguments

In support of his application, the applicant pleads infringement
of Article 43 of the Staff Regulations and of the general
provisions for the implementation of that article. The applicant
pleads, moreover, numerous errors and contradictions con-
tained in the staff report, lack of statement of reasons and
breach of the rights of defence.

Action brought on 5 November 2001 by Giorgio Lebedef
against Commission of the European Communities

(Case T-279/01)

(2002/C 3/84)

(Language of the case: French)

Action brought on 26 October 2001 by Eric den Hamer
against Commission of the European Communities

(Case T-278/01)

(2002/C 3/83)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 5 November 2001 by Giorgio
Lebedef, residing in Senningerberg (Luxembourg), represented
lawyer, with an address for service in
by Gilles Bounéou,
Luxembourg.

(Language of the case: French)

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 26 October 2001 by Eric den
Hamer, residing in Malines (Belgium), represented by Nicolas
Lhoëst, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the Commission of 6 December
2000 definitively adopting the applicant’s staff report for
1995/1997;

— annul the implied decision of the Commission not to add
to the applicant’s personal file his two staff reports for
1995/1997;

— annul in part Decision No 3019 of 13 November 2000
of the appointing authority, received on 17 November
2000. More precisely, in so far as it awards BEF 25 000 to
the applicant as compensation for the non-material
damage arising from the delay in drawing up his staff
reports for the periods 1 July 1995 to 30 June 1997 and
1 July 1997 to 30 June 1999;

— award the applicant BEF 300 000 by way of damages to
compensate for the non-material damage arising from
the delay in definitively drawing up his staff reports for
the periods 1 July 1995 to 30 June 1997;

— award the applicant BEF 100 000 by way of damages to
compensate for the non-material damage arising from
the delay in definitively drawing up his staff reports for
the periods 1 July 1997 to 30 June 1999;

— make an order as to costs, requiring the defendant to pay

all costs, charges and fees.