Case T-221/02: Action brought on 24 July 2002 by Giorgio Lebedef and Others against the Commission of the European Communities
Date: 2002-10-12
Institutions: Court of First Instance
Subjects: Greece, action for annulment (EU), equal treatment, transport price

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.