Case T-174/02: Action brought on 4 June 2002 by Micole Wieme against Commission of the European Communities
Date: 2002-07-27
Institutions: Court of First Instance
Subjects: European Commission, abuse of power, action for annulment (EU), application of EU law, appointment of staff, power to appoint, staff regulations (EU)

C 180/34

EN

Official Journal of the European Communities

27.7.2002

Action brought on 30 May 2002 by Laurent Druet against
Commission of the European Communities

Action brought on 4 June 2002 by Micole Wieme against
Commission of the European Communities

(Case T-172/02)

(2002/C 180/58)

(Language of the case: French)

(Case T-174/02)

(2002/C 180/59)

(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 30 May 2002 by Laurent Druet,
residing in Brussels, represented by Jean-Noël Louis, Etienne
lawyers, with an address for
Marchal and Albert, Coolen,
service in Luxembourg.

The applicant claims that the Court should:

— annul the decisions of the Promotions Committee not to
include the applicant’s name on the list of officials
deemed most deserving of promotion and that of the
Commission not to promote him to Grade B 4 in the
2001 promotions procedure, according to the publication
in Administrative Information No 71/2001 of 10 August
2001 of the list of officials deemed most deserving of
promotion and No 72/2001 of
the list of officials
promoted to that grade;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant pleads breach of
the obligation to give adequate reasons and infringement of
Article 45 of the Staff Regulations, breach of the principles of
equal treatment, that officials should have reasonable career
prospects, good administration and sound management.

According to the applicant, the defendant decided to promote
instead certain officials who were clearly less deserving than
he.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 4 June 2002 by Micole Wieme,
residing in Brussels, represented by Eric Boigelot, lawyer, with
an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of the appointing authority of 13 July
2001 not to accept the applicant’s application for the
post of Head of Unit DG TAXUD/A/3;

— annul the express rejection of the complaint, receipt of
which was acknowledged by the applicant on 8 March
2002;

— annul the appointment to the post of Head of Unit DG
the

implying in particular rejection of

TAXUD/A/3,
applicant’s application for the vacant post;

— order, in any event, the defendant to pay the costs.

Pleas in law and main arguments

In support of the present action, the applicant pleads infringe-
ment of Articles 29(1)(a) and 45(1) of the Staff Regulations,
irregularity of the procedure, misuse of powers and disregard
for general principles of law such as legitimate expectations,
equal
the principle that officials should have
reasonable career prospects, equal opportunities and equal
treatment of men and women.

treatment,

The applicant claims in particular that by rejecting the
application for the post and appointing someone else, the
defendant has not applied the Staff Regulations properly or
the abovementioned general principles of
law, basing its
decision instead on reasons which are inaccurate both in fact
and law.