Case T-113/02: Action brought on 11 April 2002 by Gustaaf Van Dyck against the Commission of the European Communities
Date: 2002-06-01
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), professional experience, promotion, regulations for civil servants, vocational training

C 131/26

EN

Official Journal of the European Communities

1.6.2002

Action brought on 12 April 2002 by Gustaaf Van Dyck
against the Commission of the European Communities

Action brought on 11 April 2002 by Gustaaf Van Dyck
against the Commission of the European Communities

(Case T-112/02)

(2002/C 131/48)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 April 2002 by Gustaaf Van
Dyck, residing at Wuustwezel (Belgium), represented by Mat-
thias E. Storme and Ann Gobien, lawyers.

The applicant claims that the Court should:

(1)

annul the tacit decision by which the appointing authority
refused the request submitted to it by the applicant on
12 February 2001 seeking the adoption by it of a decision
concerning the possible application to him of Article
31(2) of the Staff Regulations, having regard to the
applicant’s professional experience and training, and, in
so far as may be necessary, annul
the decision of
15 January 2002, drawn up in French, rejecting the
applicant’s complaint of 10 September 2001, and, lastly,
annul the translation of that decision into Dutch, prepared
on 18 February 2002;

(2) order the Commission to adopt all measures necessary to
implement the judgment to be delivered in the present
case;

(3) order the Commission to pay all the costs.

Pleas in law and main arguments

In support of his claim, the applicant pleads infringement of
the Staff Regulations. According to the
Article 31(2) of
applicant, no decision has to date been adopted in respect of
his request that Article 31(2) of the Staff Regulations be
applied in his case. The applicant further pleads infringement
of the duty to have regard for the welfare and interests of
officials, of the obligation to provide an adequate statement of
reasons and of the principle of proper administration.

(Case T-113/02)

(2002/C 131/49)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 11 April 2002 by Gustaaf Van
Dyck, residing at Wuustwezel (Belgium), represented by Stefan
Corbanie and André Bywater, lawyers.

The applicant claims that the Court should:

(1)

(2)

annul
the decision adopted by the Commission on
10 January 2002 and notified on 15 January 2002,
rejecting the applicant’s complaint of 14 August 2001;

annul the Commission’s decision of 5 July 2001 whereby
it decided to take no action in respect of the request
submitted by the applicant on 1 July 2001 concerning
promotion to grade B 2;

(3)

annul the Commission’s decision whereby it decided to
review the applicant’s staff report;

(4) order the Commission to pay all the costs.

Pleas in law and main arguments

The applicant pleads infringement of Article 45(1) and of the
first paragraph of Article 25 of the Staff Regulations. According
to the applicant, the decision of the Promotion Committee did
not contain an adequate statement of reasons. Moreover, the
reasons given in the Commission’s response to the applicant’s
complaint are unfounded.