Case T-55/03: Action brought on 12 February 2003 by Philippe Brendel against Commission of the European Communities
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: European Commission, accounting, action for annulment (EU), administrator, appointment of staff, audit, competition (EU), pay

26.4.2003

EN

Official Journal of the European Union

C 101/47

In support of its claims the applicant alleges, in the alternative,
that the defendant infringed Article 15(2) of Regulation No 17,
Article 253 EC and the principles of proportionality and of
equal treatment by:

and the remuneration corresponding to classification in
the next higher grade and step, together with default
interest at 5,7 % per annum as from 16 March 2001;

— imposing on the applicant a fine in excess of 10 % of its

worldwide turnover;

— order the defendant to pay damages and interests assessed,
ex æquo et bono, at EUR 500 a month as from 16 March
2001 until the date they are paid;

— imposing on the applicant an global fine in respect of

— order the defendant to pay the costs.

allegedly discrete infringements;

— increasing the ‘starting amount’ as a deterrent and on the

ground of aggravating circumstances;

Pleas in law and main arguments

— applying an excessive multiplication factor;

— not reducing the fine on the ground of attenuating
circumstances or by virtue of the ‘Amnesty Notice’ (1).

( 1) Published in OJ 1996 C 207 p. 4.

The applicant in these proceedings challenges the decision of
the appointing authority refusing to classify him in Grade A6,
Step 3, on his taking up his duties with the defendant following
competition EUR/A/154 for the recruitment of administrators
(career bracket A 7/A 6) in auditing and accounting.

In support of his claims he alleges:

— infringement of Article 31(2) of the Staff Regulations, of
the decision of 1 September 1983 on the criteria
applicable to appointment to grade and classification in
step on recruitment and of the Administrative Guide;

Action brought on 12 February 2003 by Philippe Brendel
against Commission of the European Communities

— infringement of the principle patere quam ipse legem

fecisti and of equal treatment;

(Case T-55/03)

(2003/C 101/82)

— that there was in the circumstances a manifest error of

assessment;

— disregard of the duty to have regard to the interests of

officials and the duty to state reasons;

(Language of the case: French)

— infringement of Article 39 EC.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 February 2003 by Philippe
Brendel, residing in Brussels, represented by Georges Vander-
sanden and Laure Levi, lawyers.

The applicant claims that the Court should:

— annul the decision taken by the appointing authority of
3 May 2002 classing the applicant in Grade A 7, Step 2
with effect
from 16 March 2001 and, so far as is
the decision of 25 October 2002,
necessary, annul
notified on 4 November 2002, to reject the applicant’s
complaint;

Action brought on 10 February 2003 by Bioelettrica S.p.A.
against the Commission of the European Communities

(Case T-56/03)

(2003/C 101/83)

(Language of the case: Italian)

— order the defendant to pay the balance of the remuner-
ation consisting of the difference between the remuner-
ation corresponding to classification in Grade A 7, Step 2,

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the