Case T-133/02: Action brought on 18 April 2002 by Pravir Kumar Chawdhry against Commission of the European Communities
Date: 2002-06-29
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), equal treatment, pay, regulations for civil servants

C 156/36

EN

Official Journal of the European Communities

29.6.2002

Action brought on 18 April 2002 by Pravir Kumar
Chawdhry against Commission of the European Com-
munities

(Case T-133/02)

(2002/C 156/66)

In support of his claims, the applicant alleges:

— infringement of Article 31(2) of the Staff Regulations;

— infringement of Article 32 of the Staff Regulations;

— breach of the principle of non-discrimination;

(Language of the case: French)

— breach of the duty to have regard for the welfare 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 18 April 2002 by Pravir Kumar
Chawdhry, residing in Sangiano (Italy), represented by Georges
Vandersanden and Laure Levi, avocats.

The applicant claims that the Court should:

— annul

the decision of

the authority empowered to
conclude contracts of employment (AECCE) of 2 May
2001 classifying the applicant in Grade A 6, step 3, and,
in so far as necessary, annul the decision of 14 December
2001, served on 8 January 2002, rejecting the applicant’s
complaint;

— order the defendant to pay the balance of the salary
consisting in the difference between the remuneration
corresponding to classification in Grade A 6, step 3,
and the remuneration corresponding to a higher grade,
together with default interest at the rate of 5,75 % per
annum, with effect from 1 April 2001;

— order the defendant to pay damages provisionally asses-

sed, ex æquo et bono, at EUR 1;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a temporary agent employed by the Com-
mission, contests the decision of the AECCE classifying him in
Grade A 6, step 3.

The applicant claims that the AECCE ought to have specifically
assessed the possible application of Article 31(2) of the Staff
Regulations to the applicant and that such an assessment
should have led to the actual application of that provision to
the applicant, that is to say to his classification in Grade A 5.

— breach of the rules on the free movement of workers;

— breach of the obligation to state reasons.

Action brought on 25 April 2002 by Miguel Tejada
Ferna´ndez against the Commission of the European Com-
munities

(Case T-134/02)

(2002/C 156/67)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 25 April 2002 by Miguel Tejada
Ferna´ndez, residing in Woluwé-St-Etienne, Belgium, represent-
lawyer, with an address for service in
ed by Lucas Vogel,
Luxembourg.

The applicant claims that the Court should:

— annul the decision of the appointing authority of 10 Janu-
ary 2002, notified to the applicant on 15 January 2002,
rejecting the applicant’s claim of 3 October 2001 for
annulment of the decision refusing him promotion to
grade B2 for the 2001 promotions year, and annulment
of the proposals for promotion to that grade;

— in so far as is necessary, annul the decision refusing the
applicant promotion to grade B2 for the 2001 pro-
motions year, and the proposals for promotion to that
grade;

— order the defendant to pay the costs.