Case T-201/02: Action brought on 28 June 2002 by Pierre Tomarchio against the Court of Auditors of the European Communities
Date: 2002-09-28
Institutions: Court of First Instance
Subjects: European Court of Auditors, European official, action for annulment (EU), appointment of staff, assistant, staff assessment

C 233/26

EN

Official Journal of the European Communities

28.9.2002

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the decision of the Commission of 25 February
2002 imposing on the applicant the penalty provided for
in Article 86(2)(f) of
the Staff Regulations, namely
removal from post without loss of entitlement to pension;

— annul the Commission’s decision of 27 July 2001 refusing
to classify the applicant in the higher grade of his career
bracket in accordance with Article 31(2) of the Staff
Regulations;

— annul any connected and/or subsequent decision;

— order

the Commission to pay to the

applicant
EUR 12 500 by way of compensation for non-material
damage;

— annul,

in so far as is necessary, the express decision
adopted by the Court of Auditors on 26 February 2002
in which it rejected the complaint submitted by the
applicant pursuant to Article 90(2) of those regulations;

— order the Court of Auditors to pay all the costs of these

— order the Commission to pay the entire costs.

proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

The applicant was found guilty of a number of criminal
offences by the Cour d’Appel, Brussels. However, that court
ordered a suspended sentence of 5 years subject to a number
of conditions in order to avoid affecting the applicant’s civic
status.

Subsequently, in view of the seriousness of the offences, the
Commission removed the applicant from his post without loss
of entitlement to pension.

In support of his arguments, the applicant alleges lack of a
statement of reasons and breach of the rights of the defence.
Moreover, the applicant claims that the disciplinary measure is
disproportionate to the seriousness of the effect of his conduct
on the institution and his work. Finally, the applicant alleges
infringement of Article 7 of Annex IX to the Staff Regulations.

The applicant in this case, a former official of the Commission
and the Court of Auditors of the European Communities,
contests the refusal of the appointing authority to classify him
in the higher grade of his career bracket at the time of his
recruitment to grade B5 step 3, following his inclusion on the
list of suitable candidates drawn up on the basis of competition
No COM/B/340.

In support of his claims, the applicant alleges that:

— substantive errors and manifest errors of assessment were
made in respect of his professional qualifications, the
length and relevance of his professional experience with
regard to the post to be filled, and the level of his
remuneration in his successive positions;

— the obligation to state reasons was not observed.

Action brought on 28 June 2002 by Pierre Tomarchio
against the Court of Auditors of the European Communi-
ties

Action brought on 2 July 2002 by The Sunrider Corpor-
ation against the Office for Harmonisation in the Internal
Market

(Case T-201/02)

(2002/C 233/48)

(Case T-203/02)

(2002/C 233/49)

(Language of the case: French)

(Language of the case: English)

An action against the Court of Auditors of the European
Communities was brought before the Court of First Instance
of the European Communities on 28 June 2002 by Pierre
Tomarchio, residing in Nancy (France), represented by Nicolas
Lhoëst, lawyer, with an address for service in Luxembourg.

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 2 July 2002 by The Sunrider
Corporation, represented by Mr Axel Kockläuner of Meissner,
Bolte & Partner in Munich, Germany.