Case T-220/02: Action brought on 22 July 2002 by Antonio Silva against 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.

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.