Case T-243/02: Action brought on 12 August 2002 by J against Commission of the European Communities
Date: 2002-10-12
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), regulations for civil servants, staff assessment

12.10.2002

EN

Official Journal of the European Communities

C 247/23

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision of the Commission not to include the
applicant’s name in the list of officials most deserving of
promotion to Grade B 2 and the decision not to promote
him to that grade in the 2001 promotions procedure;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in the present case, an official at Grade B 3
working for the defendant, challenges the appointing auth-
ority’s refusal to promote him to Grade B 2 in the context of
the 2001 promotions procedure.

In support of his arguments, the applicant alleges infringement
of Article 45 of the Staff Regulations and breach of the
that officials should have
principles of equal
reasonable career prospects and of the principle of sound
administration.

treatment,

Action brought on 12 August 2002 by J against Com-
mission of the European Communities

(Case T-243/02)

(2002/C 247/37)

By decision of 23 July 2001, the Commission department to
which the applicant is posted requested that proceedings be
initiated to recommence other proceedings allegedly initiated
previously for a finding of professional incompetence of the
applicant. According to the applicant, the Director General of
DG ADMIN interpreted that request as a request to ‘initiate
proceedings under Article 51 of the Staff Regulations’.

the documents on which his
The applicant claims that
department based its request show the imprecise way in which
it is handling the file. The file in no way demonstrates that the
proceedings referred to were initiated in 1994 and 1996.

In support of his application, the applicant alleges:

— lack of precision as regards the reopening of former
proceedings under Article 51 of the Staff Regulations or
the opening of new proceedings, without setting out the
applicant’s conduct complained of;

— infringement of the rule audi alteram partem;

— infringement of the principle non bis in idem;

— breach of the principle that legitimate expectations are to

be protected;

— breach of the principle of proportionality;

— error of assessment of the facts and misuse of powers;

— lack of statement of reasons;

(Language of the case: French)

— infringement of Article 26 of the Staff Regulations.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 August 2002 by J, represented
by Juan Ramón Iturriagagoitia Bassas, lawyer.

The applicant claims that the Court should:

— annul the decision of the appointing authority of 14 Feb-
ruary 2002 rejecting the applicant’s complaint of
29 December 2001;

— annul the decision of 23 July 2001 asking DG ADMIN ‘to
initiate proceedings for a finding of repeated professional
shortcomings as soon as possible’;

— annul the decision of 19 September 2001 concerning the
initiation of proceedings under Article 51 of the Staff
Regulations;

— award damages to the applicant for the non-material
damage suffered by him, amounting to EUR 25 000;

— order the defendant to pay the costs.

Action brought on 9 August 2002 by G.D. Searle LLC
(formerly known as G.D. Searle & Co) against the Office
for Harmonisation in the Internal Market (Trade Marks
and Designs)

(Case T-244/02)

(2002/C 247/38)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
9 August 2002 by G.D. Searle LLC (formerly known as
G.D. Searle & Co), represented by Graham Farrington, Farring-
ton & Co Solicitors, Reading (UK).