Case T-281/01: Action brought on 8 November 2001 by Hubert Huygens against Commission of the European Communities
Date: 2002-01-05
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), indemnification, report, staff assessment

5.1.2002

EN

Official Journal of the European Communities

C 3/49

Pleas in law and main arguments

The applicant in the present case objects to the delay with
which the appointing authority drew up his staff report for the
periods 1995 to 1997 and 1997 to 1999. That delay, in his
view, played a decisive role in his failure to be promoted to
Grade B 1.

In support of his application, the applicant pleads infringement
of the first paragraph of Article 43 of the Staff Regulations,
the general provisions implementing it and breach of the
principle of sound administration. The applicant also pleads
failure to fulfil the duty to have regard for the welfare of
officials.

Action brought on 8 November 2001 by Hubert Huygens
against Commission of the European Communities

(Case T-281/01)

(2002/C 3/85)

(Language of the case: French)

— annul the decision of the Director of the OPOCE, in
his capacity as appointing authority, concerning the
promotion of the four officials of the Publications Office
in the 2000 promotions procedure, published in the
Administrative Notices of 6 April 2000;

— order the Commission to pay all the costs.

Pleas in law and main arguments

The applicant seeks,
first, compensation for the damage
suffered as a result of substantial delay, attributable to the
administration,
in the reporting procedure for the period
1997/1999. He points out in that respect that the reporting
procedure should normally have started on 1 April 1999 and
ended before 31 December 1999, whereas in fact it did not
commence until December 1999 and was not completed
until April 2000. Meanwhile, the promotions committee had
finished its work, without being in possession of a complete
and definitive staff report on the applicant and, at
the
conclusion of the procedure, the applicant was not promoted
to Grade B 1. The applicant is of the view that the fact that the
administration did not draw up his staff report in time
constitutes an administrative fault which caused him material
damage, inasmuch as the progress of his career may be affected
by it, and non-material damage relating to the state of
uncertainty and unease in which he finds himself with regard
to his professional future.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 8 November 2001 by Hubert
Huygens, residing in Olm (Luxembourg), represented by Sylvie
Nyssens, lawyer, with an address for service in Luxembourg.

Secondly, the applicant contests the Commission’s decision
not to promote him and the decisions to promote 54 other
officials, claiming:

The applicant claims that the Court should:

— order the Commission to pay him EUR 27 700 as
compensation for material damage, in the event that the
applicant should not obtain his promotion to Grade B 1
in the 2000 promotions procedure on account of the
absence of a staff report;

— order

the Commission to pay to the
EUR 3 000 in compensation for non-material damage;

applicant

— annul the decision of the Commission to promote the
54 officials deemed most worthy of promotion to Grade
B 1 in the 2000 promotions procedure and, in any event,

— infringement of Articles 26, 43 and 45 of the Staff
Regulations and breach of the principles of equal treat-
ment and of sound administration;

— error of assessment of his merits; and

— infringement of the guide to staff reporting, inasmuch as
the system for quantifying marks was applied, contrary
to Annex I to the guide.