Judgment of the Court of First Instance of 9 July 2002 in Case T-158/01: Alexandre Tilgenkamp v Commission of the European Communities (Officials — Post of Assistant Director General — Vacancy notice — Assessment of the merits of the candidates — Manifest error of assessment)
Date: 2002-09-14
Institutions: Court of First Instance
Subjects: action for annulment (EU), administrator, appointment of staff, discrimination on the basis of nationality, regulations for civil servants

C 219/18

EN

Official Journal of the European Communities

14.9.2002

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 July 2002

of 9 July 2002

in Case T-21/01: Georgios Zavvos v Commission of the
European Communities (1)

(Officials — Disciplinary measures — Downgrading —
First paragraph of Article 11 and Article 14 of the Staff
Regulations)

in Case T-158/01: Alexandre Tilgenkamp v Commission
of the European Communities (1)

(Officials — Post of Assistant Director General — Vacancy
notice — Assessment of the merits of the candidates —
Manifest error of assessment)

(2002/C 219/45)

(Language of the case: French)

(2002/C 219/46)

(Language of the case: French)

In Case T-21/01: Georgios Zavvos, an official of the Com-
mission of the European Communities, residing in Linkebeek
(Belgium), represented by G. Vandersanden and L. Levi,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Currall
and D. Waelbroeck) — an application for annulment of the
decision of the Commission of 11 January 2000 downgrading
the applicant from Grade A 5 to Grade A 6, maintaining the
same step, and a claim for damages for the material and non-
material damage allegedly suffered by the applicant and
assessed at EUR 1 350 000 — the Court of First Instance
(Third Chamber), composed of M. Jaeger, President, K. Lenaerts
and J. Azizi, Judges; Blanca Pastor, Principal Administrator, for
the Registrar, gave a judgment on 9 July 2002, in which it:

1. Annuls the decision of the Commission of 11 January 2000
downgrading the applicant from Grade A 5 to Grade A 6,
maintaining the same step;

2. Orders the Commission to pay to the applicant EUR 2 000 by
way of compensation for the non-material damage suffered by
him;

3. Dismisses the remainder of the application;

In Case T-158/01: Alexandre Tilgenkamp, an official of
the Commission of the European Communities, residing in
Overijse (Belgium), represented by E. Boigelot, lawyer, with an
address for service in Luxembourg, against Commission of the
European Communities (Agents: J. Currall et D. Waelbroeck)
— application for annulment of the decision of the Com-
mission of 13 September 2000 appointing F. Barbaso to the
post of Assistant Director General
‘Agriculture’ notified in
notice COM 094/00 and rejection of the applicant’s candi-
dature for that post, and of the rejection of the complaint
lodged by the applicant — the Court of First Instance (Third
Chamber), composed of M.
Jaeger, President, K. Lenaerts
and J. Azizi, Judges; D. Christensen, Administrator, for the
Registrar, gave a judgment on 9 July 2002, in which it:

1.

annuls the decision of the Commission of 13 September 2000
to appoint F. Barbaso to the post of Assistant Director General
‘Agriculture’ notified in notice COM 094/00 and reject the
applicant’s candidature and the express rejection of the latter’s
complaint.

4. Orders the Commission to bear its own costs and to pay those

of the applicant.

2.

orders the Commission to pay the costs.

( 1) OJ C 79 of 10.3.2001.

(1) OJ C 289 of 13.10.2001.