Case T-251/02: Action brought on 16 August 2002 by E against Commission of the European Communities
Date: 2002-10-12
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), equal treatment, indemnification, recruitment, staff regulations (EU)

C 247/26

EN

Official Journal of the European Communities

12.10.2002

Grounds of claim:

— The Decision is in breach of
Article 7(1)(b) of Regulation
(EC) No 40/94: The Board of
Appeal
failed to draw the
correct inferences from the
cited evidence, misapplied
the test of relevant public,
failed to apply the law con-
sistently and failed to pro-
vide proper reasoning.

— The Decision is in breach of
Article 7(3) of Regulation
(EC) No 40/94: The Board of
Appeal failed to apply the
test
for acquired distinc-
tiveness correctly, failed to
interpret the evidence associ-
ated with various goods and
services correctly and did not
provide adequate reasoning.

( 1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-

munity trade mark (OJ L 11, p. 1).

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official of the Economic and Social Com-
mittee of the European Communities, applied for the post of
head of the Italian Translation and Transcription Division of
the Logistics and Translation Directorate. However, the Bureau
of the Economic and Social Committee rejected her application
and appointed another candidate to that post.

In support of her claim, the applicant alleges:

— infringement of Article 29(1)(a) of the Staff Regulations;

— infringement of Article 45 of the Staff Regulations;

— manifest error of assessment;

— breach of the principle that officials should have reason-

able career prospects;

— abuse of process;

— breach of the duty to provide reasons.

Action brought on 13 August 2002 by Carla Faita against
Economic and Social Committee of the European Com-
munities

Action brought on 16 August 2002 by E against Com-
mission of the European Communities

(Case T-248/02)

(2002/C 247/41)

(Language of the case: French)

(Case T-251/02)

(2002/C 247/42)

(Language of the case: French)

An action against the Economic and Social Committee of the
European Communities was brought before the Court of First
Instance of the European Communities on 13 August 2002
by Carla Faita, residing in Brussels, represented by Albert
Coolen, Jean-Noël Louis and Etienne Marchal, lawyers.

The applicant claims that the Court should:

— annul the decisions of the Bureau of the Economic and
Social Committee of the European Communities to reject
the applicant’s candidature for the post of head of the
Italian Translation and Transcription Division of the
Logistics and Translation Directorate and to appoint
another candidate to the post;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 16 August 2002 by E, residing in
Brussels, represented by Laure Levi and Georges Vandersanden,
lawyers.

The applicant claims that the Court should:

— annul

the decision of

the appointing authority of
29 August 2001 fixing the applicant’s place of origin and
place of recruitment as Brussels and refusing to grant her
the expatriation allowance, installation allowance, daily
subsistence allowance,
travel expenses and removal
expenses relating to her taking up her duties at the
Commission on 16 July 2001.

— order the defendant to pay the costs.

12.10.2002

EN

Official Journal of the European Communities

C 247/27

Pleas in law and main arguments

— Article 71 of the Staff Regulations;

The applicant is contesting the appointing authority’s refusal
to consider that, during the reference period laid down in the
Staff Regulations and until she was recruited, she made London
the permanent or habitual centre of her interests with a view
to maintaining it there.

In support of her arguments, she alleges infringement of:

— the principle of non-discrimination;

— Articles 4, 5, 7, 8, 9, 10 and 17(2) of Annex VII to the

Staff Regulations;

— the general provisions implementing of the Commission
Article 7(3) of Annex VII to the Staff Regulations;

— Article 7 of Annex V to the Staff Regulations;

— the Protocol on Privileges and Immunities of the Euro-

pean Communities of 8 April 1965.

Finally, the applicant claims that there has been a manifest
error of assessment in the present case.