Order of the President of the Court of First Instance of 27 September 2002 in Case T-236/02 R: Luigi Marcuccio v Commission of the European Communities (Proceedings for interim relief — Officials — Decision to reassign — Urgency — None)
Date: 2002-12-21
Institutions: Court of First Instance
Subjects: European official, action for annulment (EU), administrator, indemnification

C 323/36

EN

Official Journal of the European Communities

21.12.2002

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

The applicant claims that the Court should:

of 27 September 2002

in Case T-236/02 R: Luigi Marcuccio v Commission of the
European Communities

(Proceedings for interim relief — Officials — Decision to
reassign — Urgency — None)

(2002/C 323/59)

(Language of the case: Italian)

In Case T-236/02 R: Luigi Marcuccio, an official of the
Commission of the European Communities, residing in Tricase,
Italy, represented by L. Garofalo, lawyer, against Commission
of the European Communities (Agents: C. Berardis-Kayser and
A. Dal Ferro) — application for an order (1) staying execution
of the decision reassigning an A 7/A 6 post, and its holder
Mr Luigi Marcuccio, in the Directorate-General for Develop-
ment, Delegation of the Commission to Luanda, Angola, to
the Directorate-General for Development in Brussels and (2)
immediately reassigning Mr Marcuccio to the duties for which
he was previously responsible in the delegation — the President
of the Court of First Instance made an order on 27 September
2002, in which he:

1. Dismissed the application for interim relief;

2. Ordered that costs be reserved.

Action brought on 27 September 2002 by Renaud Denuit
against Commission of the European Communities

(Case T-306/02)

(2002/C 323/60)

— annul the decision of 26 November 2001 of the Secretary
General of the Commission, David O’Sullivan, to assign
the applicant as adviser ad personam in the SG/F/1 Unit
‘Institutional development of the Union and Governance’
and that of 19 February 2002 to assign him, following
the reorganisation of
the
Commission, to SG/TF/AU 2;

the Secretariat General of

— annul the decisions of the Commission rejecting his
application for the post of A 3 heads of unit in SG/B/2
‘Openness, access to documents, relations with civil
society’ and appointing another person to that post;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official in Grade A 4 at the Commission,
claims that it was unlawful for him not to have been appointed,
as a priority, to the first vacant post as head of unit for which
he was qualified. Furthermore, the applicant was unlawfully
assigned, as adviser ad personam, to Unit SG/f.1 and, sub-
sequently, to Unit SG/TF-AU 2. He claims that the duties
carried out at present by the him since the adoption of the
contested decisions do no correspond to the duties usually
carried out by an official in Grade A 4.

In support of his claim he alleges:

— breach of redeployment procedure;

— breach of the procedure for filling vacant posts at middle-

management level;

— breach of the principle that officials should have reason-

able career prospects;

— infringement of Article 45 of the Staff Regulations;

(Language of the case: French)

— manifest error of assessment;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 27 September 2002 by Renaud
Denuit, residing in Brussels, represented by Albert Coolen,
Jean-Noël Louis and Etienne Marchal, avocats.

— breach of the obligation to state the reasons on which

decisions are based.