Case T-218/02: Action brought on 18 July 2002 by Daniela Napoli Buzzanca against the Commission of the European Communities
Date: 2002-10-12
Institutions: Court of First Instance
Subjects: action for annulment (EU), administrator, appointment of staff, equal treatment, regulations for civil servants

C 247/16

EN

Official Journal of the European Communities

12.10.2002

The applicant further claims that there has been an infringe-
ment of the principle of equal treatment and argues that two
separate valuation methods are applied in the decision under
challenge. For the valuation of the shares which it was forced
to purchase, the decision applies a nominal price, which,
however, according to the applicant, was much higher than
the true value of the shares. For the valuation of the shares
which the applicant transferred to the Regional Authority for
Wallonia by way of payment, however, the decision applies
the real value of the shares, which at that time was considered
to be zero.

In conclusion, the applicant argues that there has been an
infringement of the principle that reasons must be given.

( 1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
down detailed rules for the application of Article 93 of the EC
Treaty (OJ 1999 L 83 of 27.3.1999, pp 1 to 9).

Action brought on 18 July 2002 by Daniela Napoli
Buzzanca against the Commission of the European Com-
munities

(Case T-218/02)

(2002/C 247/25)

(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 18 July 2002 by Daniela Napoli
Buzzanca, residing in Brussels, represented by Georges Vander-
sanden and Laure Levi, lawyers.

The applicant claims that the Court should:

— annul the decisions of the appointing authority, probably
adopted on 30 January 2002, appointing Ms S. as
director,
in grade A 2, of Directorate B (Multilateral
relations and human rights) of the External Relations
Directorate-General (RELEX) and rejecting the application
of the applicant for that post;

— order the defendant to pay damages assessed, as at the
date of the action and subject to possible increase, in the
sum of 23 213,96 euros;

Pleas in law and main arguments

The applicant, a grade A 3 official working in the External
Relations Directorate-General, is contesting the rejection by
the appointing authority of her application for the post of
director of Directorate B (Multilateral relations and human
rights).

In support of her claims, the applicant pleads:

— infringement of Articles 7, 27, 29(1)(a) and 45 of the
Staff Regulations, breach of the principle that officials
should have reasonable career prospects and of the
principle of non-discrimination, and non-compliance
with the terms of the vacancy notice. She considers in
that regard that, by omitting to carry out an examination
of the comparative merits of the candidates, the appoint-
ing authority ultimately took into consideration an
application for the post which manifestly failed to fulfil
the conditions laid down by the vacancy notice;

— non-compliance with the obligation to provide a state-

ment of reasons.

Action brought on 22 July 2002 by Antonio Silva against
Commission of the European Communities

(Case T-220/02)

(2002/C 247/26)

(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 22 July 2002 by Antonio Silva,
residing in Brussels, represented by Albert Coolen, Jean-Noël
Louis and Etienne Marchal, lawyers.

The applicant claims that the Court should:

— annul the decision of the Commission not to promote
the applicant to Grade A 4 in the 2001 promotions
procedure, as evidenced by the publication in Adminis-
trative Information No 72/2001 of 14 August 2001 of
the list of officials promoted to that grade;

— order the defendant to pay all the costs.

— order the defendant to pay the costs.