Case T-224/02: Action brought on 23 July 2002 by Miguel Forcat Icardo against the Commission of the European Communities
Date: 2002-10-12
Institutions: Court of First Instance
Subjects: action for annulment (EU), damages, staff assessment, staff regulations (EU)

12.10.2002

EN

Official Journal of the European Communities

C 247/17

Pleas in law and main arguments

Pleas in law and main arguments

In support of his claim, the applicant alleges infringement of
Article 45 of the Staff Regulations, breach of the principle of
equal treatment and of the principle that officials should have
reasonable career prospects and manifest error of assessment
and failure to provide reasons.

The promotions committee awarded the applicant additional
points in order to ensure that he was not penalised for his
mobility. The Commission however does not provide any
explanation of how those additional points were taken into
consideration when examining the comparative merits of the
candidates. Neither does it explain why it promoted persons
whose total points were fewer than those of the applicant.

Action brought on 24 July 2002 by Giorgio Lebedef
and Others against the Commission of the European
Communities

(Case T-221/02)

(2002/C 247/27)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 July 2002 by Giorgio Lebedef
and 63 other officials, represented by G. Bounéou,
lawyer,
with an address for service in Luxembourg.

The applicants claim that the Court should:

— annul the decision of the competent hierarchical authority
the
changing, with effect
procedure for calculating the annual expense of travelling
to Greece in respect of the journey via Brindisi, as taken
into consideration for certain destinations;

from 1996 and/or 1997,

— alternatively, annul the decision of the competent hier-
archical authority to reimburse, with effect from 1996
and/or 1997, the cost of the sea passage from Brindisi to
various Greek frontier posts (Corfu, Igoumenitsa, Patras)
on the basis of an ‘aircraft type seat’ ticket;

— annul all

the applicants’

reimbursement statements
implementing the decisions annulment of which is
sought;

— make the appropriate ruling as to costs and order the

Commission to pay those costs.

The applicants are contesting the change in the calculation
method used by the Commission up until 1996 and/or 1997
in relation to the annual expense of travelling to Greece.

They point out in that regard that the travel expenses in
question were previously calculated on the basis of the cost of
a first class rail ticket for a journey passing through Yugoslavia,
regardless of the final destination. The new method involves
taking into consideration, in respect of certain destinations, a
journey via Brindisi to the various Greek frontier posts based
on the cost of an ‘aircraft type seat’ ticket.

In support of their claims, the applicants plead:

— infringement of Article 71 of the Staff Regulations and of

Articles 7 and 8 of Annex VII thereto;

— breach of the principle of non-discrimination, inasmuch
as the change in the method of calculating the travel
expenses in issue has resulted in the persons concerned
being treated differently from their colleagues whose
place of origin is located in northern Greece. Whereas,
for part of Greece, the sum continues to be calculated on
the basis of a journey via Yugoslavia, the same calculation
cannot be carried out for the rest of Greece;

— infringement of the rights of the defence, inasmuch as
the persons concerned have been denied the possibility
of presenting to the competent authority their views on
the choice of itinerary and the tariff to be taken into
account;

— breach of

the obligation to provide a statement of
reasons, of the principle of the protection of legitimate
expectations and of the duty to have regard for the
welfare and interests of officials.

Action brought on 23 July 2002 by Miguel Forcat Icardo
against the Commission of the European Communities

(Case T-224/02)

(2002/C 247/28)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 23 July 2002 by Miguel Forcat
Icardo, represented by M. Lucas, lawyer.

C 247/18

EN

Official Journal of the European Communities

12.10.2002

The applicant claims that the Court should:

— annul the decision of 8 December 1998 of the Director-

General of DG DEV;

— in so far as necessary, annul the instructions attached to
the note of 29 July 1999 from the Head of the ‘Human
Resources’ unit of DG DEV;

— annul the decision of 21 October 1999 of the Director-

General of DG DEV;

— annul the decision of 22 December 1999 of the Director-

General of DG DEV;

— annul the decision of 19 February 2001 of the Director-

General of DG DEV;

— annul the decision of 14 November 2001 of the Director
of Directorate D of DG DEV, approved by its Director-
General;

— annul his staff report

for 1999-2001, drawn up on
18 March 2002 by the Director of Directorate D of DG
DEV;

— annul

the decision by the External Service Steering
Committee to reject his application for a post as Head of
Delegation under the 2002 rotation exercise, as well as
the confirmation of that decision;

— annul the implied decision of 16 September 2001 to

reject his request of 16 May 2001;

— should they constitute a response to the request of
16 May 2001, annul the decisions of 31 October and
14 December 2001 by the Chef de Cabinet of the Vice-
President of the Commission and of the Director-General
of DG DEV;

— establish the unlawfulness of the failure to reassign the
applicant as Head of the ‘Indian Ocean’ unit of DG DEV
by his Director-General in March 2000;

— establish the unlawfulness of the failure to second the
applicant, in the interest of the service, to the Spanish
civil service in Madrid or to the FAO in Rome;

— order the Commission to pay him, as compensation for
non-material damage, the sum of EUR 10 000 assessed
ex aequo et bono;

— order the Commission to pay him, as compensation for
the damage to his career, a sum corresponding to the
difference between the retirement pension and other
benefits to which he is entitled under the second indent
of Article 52 of the Staff Regulations on the date on
which he requests early retirement and the remuneration,
retirement pension and other benefits to which he would
be entitled if he could have retired from his post at the
age of 65;

— order the Commission to pay him 8 % annual interest on
those amounts, dating from 23 July 2002 until payment
in full;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, a former Head of Unit, in Grade A3, requests
annulment of the Commission’s decision to reassign him as a
counsellor and to entrust him with certain duties in that
capacity. He also asks the Court to find that the Commission
is acting unlawfully by failing to reassign him in a middle
management post or to second him outside the institution in
the interest of the service.
In addition, he is requesting
the annulment of his periodic report for 1999-2001 and
compensation for the material and non-material damage he
has suffered.

In support of the forms of order sought, the applicant claims
that the Commission infringed Articles 5(4) and 7 of the Staff
Regulations, as well as Annex IV to the General Implementing
Provisions, of 10 March 1997, of Article 5(4) of the Staff
Regulations, in that he was not assigned the functions or was
assigned functions which did not correspond to his post and
grade. Moreover, he claims that the Commission infringed the
principles of
legitimate
expectations in that not reassigning him in certain middle
management posts and not seconding him outside the insti-
tution in the interest of the service went against promises,
decisions and commitments made by the administration.

legal certainty and protection of

Action brought on 26 July 2002 by André Hecq against
Commission of the European Communities

(Case T-226/02)

(2002/C 247/29)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 26 July 2002 by André Hecq,
residing in Mondercange (Luxembourg), represented by Lucas
Vogel and Dominique Amatulli, lawyers.