Case T-227/02: Action brought on 26 July 2002 by Syndicat des Fonctionnaires Internationaux et Européens against Commission of the European Communities
Date: 2002-10-12
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), civil servants’ union, equal treatment

12.10.2002

EN

Official Journal of the European Communities

C 247/19

The applicant claims that the Court should:

— annul

the decision of

the appointing authority on
27 March 2002 and notified to the applicant on 16 April
2002, rejecting the complaint lodged by the applicant on
18 October 2001, adopting the decision of the Members
‘approving’ the
of the Commission of 15 June 2001,
alleged agreement of 4 April 2001 between Vice President
Kinnock and the trade unions and staff associations
concerning the resources available to the staff representa-
tives and the rules regarding resources available to the
staff representatives from 1 January 2002;

— annul the abovementioned decision of 15 June 2001;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant is the secretary general of the Syndicat des
Fonctionnaires Internationaux et Européens (SFIE). He is
contesting the decision laying down the rules regarding
resources available to the staff representatives from 1 January
2002 approving an agreement between certain union organis-
ations and the Commission. Not being a signatory to that
agreement of 4 April 2001, the SFIE was informed that it
would not be able to benefit from the budgetary facilities
under those provisions.

the applicant pleads,

In support of his application,
first,
infringement of Articles 11 and 12 of the agreement entered
into by the Commission and the unions adopted on 20 Septem-
ber 1974. According to the applicant, the contested decision
merely approved the agreement of 4 April 2001, whereas the
said agreement had not been agreed to by all the unions and
could not therefore be regarded as effective.

Secondly, the applicant pleads infringement of Article 24a of
the Staff Regulations, Articles 18, 19 and 20 of the framework
agreement of 20 September 1974, manifest error of assessment
and breach of the principle of non-discrimination. According
to the applicant, the effect of the agreement of 4 April 2001 is
that of sharing the financial and human resources necessary to
the running of the unions in accordance with the criteria of
representativity. The applicant claims that those criteria are
erroneous and arbitrary, since they favour unfairly certain
unions and no longer allow unions freely to choose their own
political action.

Action brought on 26 July 2002 by Syndicat des Fonction-
naires Internationaux et Européens against Commission
of the European Communities

(Case T-227/02)

(2002/C 247/30)

(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 Syndicat des
Fonctionnaires Internationaux et Européens (SFIE), whose
main offices are in Brussels, represented by Lucas Vogel and
Dominique Amatulli, lawyers.

The applicant claims that the Court should:

— annul

the decision of

the appointing authority on
27 March 2002 and notified to the applicant on 16 April
2002, rejecting the complaint lodged by the applicant on
18 October 2001, adopting the decision of the Members
of the Commission of 15 June 2001,
‘approving’ the
alleged agreement of 4 April 2001 between Vice President
Kinnock and the trade unions and staff associations
concerning the resources available to the staff representa-
tives and the rules regarding resources available to the
staff representatives from 1 January 2002;

— annul the abovementioned decision of 15 June 2001;

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward in this case
are identical with those in Case T-226/02.