Case T-166/02: Action brought on 28 May 2002 by José Pedro Pessoa e Costa against Commission of the European Communities
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: European Commission, European Monitoring Centre for Drugs and Drug Addiction, action for annulment (EU), disciplinary proceedings, reintegration into working life, unpaid leave

C 180/32

EN

Official Journal of the European Communities

27.7.2002

Action brought on 28 May 2002 by José Pedro Pessoa e
Costa against Commission of the European Communities

Action brought on 30 May 2002 by Etablissements
Toulorge against European Parliament and Council of the
European Union

(Case T-166/02)

(2002/C 180/55)

(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 28 May 2002 by José Pedro Pessoa
e Costa, residing in Lisbon, represented by Jean-Noël Louis,
Etienne Marchal and Albert Coolen, lawyers.

The applicant claims that the Court should:

— annul the decision of the Commission of 3 July 2001 to

bring disciplinary proceedings against him;

— annul the decision of the appointing authority to reject
the request submitted on 6 July 2001 by the Director of
the EMCDDA to transfer him to the EMCDDA, pursuant
to Article 29(1)(c) of the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

(Case T-167/02)

(2002/C 180/56)

(Language of the case: French)

An action against the European Parliament and the Council of
the European Union was brought before the Court of First
Instance of the European Communities on 30 May 2002
by Etablissements Toulorge, whose registered office is at
Bricquebec (France), represented by Denis Waelbroek and Dirk
Brinckman, lawyers.

The applicant claims that the Court should:

— annul Directive 2002/2/EC of the European Parliament
and of the Council of 28 January 2002 amending Council
Directive 79/373/EEC on the circulation of compound
feedingstuffs and repealing Commission Directive 91/
357/EEC;

The applicant requested, upon returning from a period of
unpaid leave, to be transferred to the European Monitoring
Centre for Drugs and Drug Addiction (EMCDDA). The transfer
was refused by the Commission because disciplinary proceed-
ings had been instituted against the applicant following charges
laid by the Portuguese authorities.

— declare the non-contractual liability of the Community,
in the body of the Council and the European Parliament
and order the defendants to make good all the damage
that
suffered by the applicant as a consequence of
directive;

the applicant claims that
In support of his application,
the decision to initiate disciplinary proceedings against him
infringes the fifth paragraph of Article 88 of
the Staff
Regulations. Furthermore, the applicant pleads breach of the
principle that innocence must be presumed and infringement
of Article 87 of the Staff Regulations, the rights of the defence
and the findings of the Heads of Administration No 103 J/77.

— order the parties to produce, within a reasonable period
after the Court of First Instance delivers its decision, exact
figures to quantify the damage which the parties have
agreed or, in the absence of such agreement, order the
parties to transmit to the Court of First Instance, within
the same period, additional claims containing such exact
figures;

The applicant claims, finally that the decision refusing to
transfer him to the EMCDDA is unlawful inasmuch as it is
based on a decision which is itself unlawful, namely the
decision to initiate disciplinary proceedings.

— order interest to be paid at an annual rate of 8 % (or any
other appropriate rate which the Court may decide) with
effect from the date of the decision of the Court finding
the Community liable until actual payment is made;

— order the defendant to pay the costs.