Case T-197/02: Action brought on 2 July 2002 by Georgios Karavelis against the European Parliament
Date: 2002-09-28
Institutions: Court of First Instance
Subjects: European Parliament, European official, action for annulment (EU), damage, promotion, staff assessment

28.9.2002

EN

Official Journal of the European Communities

C 233/25

— Vice-President Kinnock is asked to enter into negotiations
with the trade unions/staff organisations and to propose
for adoption by the Commission, before the end of March
2002, a new framework agreement and to include in the
series of amendments on which the trade unions and
staff organisations are to be consulted an amendment
providing for the opportunity to adopt electoral rules by
way of a vote by the staff of the institution.

In support of its claims, the applicant pleads:

— clear intent to circumvent the judgment of the Court of
First Instance of 22 November 2001 delivered in Case
T-349/00 Lebedef v Commission;

— infringement of the 1974 framework agreement and of

the principle ‘patere legem quam ipse fecisti’;

— absence of any objective examination of the representativ-
ity of the trade unions/staff organisations and manifest
error
rep-
resentativity;

in the comparative assessment of

that

The applicant claims that the Court should:

— allow the application;

— annul the contested measure;

— order the defendant to pay EUR 12 500 in respect of the
material and non-material harm suffered by the applicant;

— order the defendant to pay the applicant’s costs irrespec-

tive of the outcome of the case.

Pleas in law and main arguments

(1)

Failure on the part of the defendant to comply with the
judgment of the Court of First Instance in Case T-182/99
by which the decision not to promote the applicant was
annulled.

(2) Misuse of procedure.

— infringement of the principle of non-discrimination;

(3) Misuse of powers.

— infringement of the rights of the defence;

(4) Unreasonable exercise by the defendant of its discretion

in relation to promotions.

— breach of the principle of protection of legitimate expec-

tations;

(5)

Incorrect exercise of that discretion.

— failure to comply with the obligation to state reasons;

— failure to comply with the duty to have regard for the

welfare and interests of officials;

— infringement of Article 24a of the Statute and of the

principle of the freedom of trade union activity.

(6)

(7)

(8)

Sham re-examination of the applicant’s candidature for
promotion.

Superiority of the mark of the applicant, who was not
promoted, vis-à-vis the marks of those promoted.

Liability for a wrongful act on the part of the defendant,
causing the applicant material and non-material harm.

Action brought on 2 July 2002 by Georgios Karavelis
against the European Parliament

Action brought on 28 June 2002 by ‘N’ against Com-
mission of the European Communities

(Case T-197/02)

(2002/C 233/46)

(Language of the Case: Greek)

(Case T-198/02)

(2002/C 233/47)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
2 July 2002 by Georgios Karavelis, resident in Brussels,
represented by K. Tagaras, Lawyer, with an address for service
in Luxembourg.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 28 June 2002 by ‘N’, represented
by Nicola Lhoëst, lawyer.