Case T-262/01: Action brought on 19 October 2001 by Jürgen Sachau against the Commission of the European Communities
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, Joint Research Centre, action for annulment (EU), appointment of staff, equal treatment, servant (EU)

C 3/40

EN

Official Journal of the European Communities

5.1.2002

Action brought on 19 October 2001 by Jürgen Sachau
against the Commission of the European Communities

(Case T-262/01)

(2002/C 3/68)

(Language of the case: German)

The applicant submits that the decision is defective in form
and in content, inter alia because the Commission exceeded the
period allowed for replying to the application and the decision
contains no statement of reasons. Furthermore, the decision is
contrary to the principles of proper administration and equal
treatment, to the proper exercise of discretion and to the duty
to have regard for the interests of officials.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 19 October 2001 by Jürgen
Sachau, resident in Kassel, Germany, represented by Dörte
Fouquet, Lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

Action brought on 17 October 2001 by Petros Mavromi-
khalis against the Commission of the European Communi-
ties

(Case T-263/01)

(2002/C 3/69)

— declare that the decision dated 19 December 2000 sent

by the defendant to the applicant is inoperative;

(Language of the case: Greek)

— declare that the defendant is to reimburse to the applicant
all costs and expenditure which he has incurred as a
result of the period allowed for replying to the application
for continued employment, which expired on 19 Decem-
ber 2000, being clearly exceeded by the defendant in that
it did not formulate the decision until 19 December
2000;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 October 2001 by Petros
Mavromikhalis, a Commission official, resident in Brussels,
represented by Nikolaos Korogiannakis, Lawyer, with an
address for service in Brussels.

— declare that

the applicant

is to be engaged by the
defendant with immediate effect on a contract of unlimi-
ted duration retroactively in Post COM/R/5698/00-
A8/A5 ST or in a comparable post in accordance with
the applicant’s professional qualifications;

The applicant claims that the Court should:

— grant the application as well founded in law and in

substance;

— order the defendant to pay the costs of the proceedings

— annul:

including the applicant’s costs.

Pleas in law and main arguments

— the implied decision of the European Commission
by which it rejected the applicant’s complaint seek-
ing reconsideration of his placement in Grade A 5
instead of Grade A 4 on the basis of Article 31(2) of
the Staff Regulations;

his

for

applicant

submitted

candidature

The
Post
COM/R/5698/00-A8/A5 ST at the Joint Research Centre in
Ispra. At that time he was engaged in that post on a fixed-term
contract. His contract expired on 30 September 2000 and,
since it had been indicated to him internally that he would be
able to continue in the post, he decided to remain in Ispra in
order to be available to be called by the Commission. He did
not receive the Commission’s rejection until the decision of
19 December 2000.

— in the alternative,

the implied decision of

the
European Commission by which it rejected the
applicant’s complaint seeking placement at Step 2
with additional seniority of 5,5 months instead of at
Step 1 on the basis of Article 32 of the Staff
Regulations retroactively from the date of his
appointment;

— order the defendant to pay the costs irrespective of the

outcome of the case.