Case T-111/03: Action brought on 27 March 2003 by T against Commission of the European Communities
Date: 2003-05-24
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), administrator, equal treatment, infringement of EU law, promotion

C 124/28

EN

Official Journal of the European Union

24.5.2003

Action brought on 20 March 2003 by Regione Marche
against Commission of the European Communities

(Case T-107/03)

(2003/C 124/48)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 March 2003 by Regione
Marche, represented by Aurelio Pappalardo and Massimo
Merola, lawyers.

The applicant claims that the Court should:

— annul the decision of the Commission adopted by letter
of 18 December 2002 and every other measure connected
with it and consequent upon it;

— order the Commission to pay the costs incurred by
Regione Marche for the purpose of the proceedings,
including legal fees.

Pleas in law and main arguments

The present application seeks the annulment of the decision
of 18 December 2002 by which the European Commission
announced that it was definitively concluding the Integrated
Mediterranean Programme (IMP) for the Marche Region (1),
approved by way of Council Regulation (EEC) No 2088/85 (2)
of 23 July 1985 concerning the integrated Mediterranean
programmes on the basis of information provided by the
applicant by memorandum of 6 September 2002.

According to the contested decision,
investments in the
beneficiary undertakings did not adhere to the prescribed
timetable so far as concerns phase 3 of the programme in
question.

The applicant argues that there is no legal basis for the
contested measure inasmuch as the Commission bases its own
decision on the failure of the Marche Region to observe
obligations which were not imposed by the applicable legis-
lation. Irrespective of the fact that the Commission accused
the applicant of not using fully, by the end of the IPM, the
contribution granted to Società Marche Capital, a body set up
to promote the development of small and medium-sized

undertakings in the region, there is nothing in the relevant
provisions to indicate the existence of an obligation incumbent
on the Marche Regional authority requiring Marche Capital to
expend all the resources granted to it before the IPM Marche
expired.

The applicant also maintains that
the contested decision
infringes the principles of legal certainty and sound adminis-
tration. By approving the agreement concluded between
Società Marche Capital and the Marche Region, the Com-
mission gave rise to a legitimate expectation on the part of the
Marche Region that it could make use of the whole of the
contribution granted to it, provided the methods of financing
were in conformity with the agreement itself, which was in
fact the case. According to the applicant, the Commission also
infringed the principle of sound administration in that, first, it
adopted the decision definitively bringing to an end the IPM
Marche nearly 8 years after it had expired and, secondly, it was
largely inactive throughout that period.

the aplicant

Finally,
infringed Article 253 EC.

takes the view that the Commission

(1) Bollettino Ufficiale (official

journal)
(supplement No 10 of 28 July 1988).

(2) OJ 1985 L 197, p. 1.

for the Regione Marche

Action brought on 27 March 2003 by T against Com-
mission of the European Communities

(Case T-111/03)

(2003/C 124/49)

(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 27 March 2003 by T, residing in
Brussels, represented by Georges Vandersanden, lawyer.

The applicant claims that the Court should:

— annul

the decision of

the appointing authority of
14 August 2002 not to promote the applicant in the
2002 promotions procedure to Grade A 4,

24.5.2003

EN

Official Journal of the European Union

C 124/29

— order the Commission of the European Communities to
pay damages to make good the material and non-material
damage suffered as a result of the decision of 14 August
2002 and of
the conduct preceding and following
that decision, such damages having been assessed at
EUR 25 000;

— order the defendant to pay the costs.

Removal from the register of Case T-77/00 (1)

(2003/C 124/50)

(Language of the case: English)

By order of 7 March 2003 the President of the Fifth Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-77/00:
Esat Telecommunications v Commission of the European
Communities.

Pleas in law and main arguments

(1) OJ C 149 of 27.05.2000.

The applicant is challenging the refusal of the appointing
authority to promote him to Grade A 4 in 2002.

In support of his claims, the applicant alleges:

— breach of the duty to provide reasons;

Removal from the register of Case T-208/02 (1)

(2003/C 124/51)

(Language of the case: Dutch)

— infringement of Article 45 of

the Staff Regulations
inasmuch as his staff report was better than that of
another person in his department who was promoted;

By order of 13 March 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-208/02: Lene Beier v Europol.

— breach of the duty to have regard for the welfare of
officials and of the principle of sound administration;

(1) OJ C 202 of 24.08.2002.

— the existence in the present case of a manifest error of
assessment, abuse of process and/or misuse of powers, as
well as breach of the principle of equal treatment and
infringement of Article 26 of the Staff Regulations. In
that regard, the applicant is of the view that, contrary to
the principle of equal treatment, he was ranked behind
an official whose staff report had not been as good as his
over several years. The explanation provided by his
immediate superior amounts to misuse of powers and/or
abuse o process, as well as an infringement of Article 26
of the Staff Regulations.

Removal from the register of Case T-245/02 (1)

(2003/C 124/52)

(Language of the case: Dutch)

By order of 12 March 2003 the President of the Fourth
Chamber of the Court of First Instance of the European
from the register of
Communities ordered the removal
Case T-245/02: Antonia de Jong v Europol.

(1) OJ C 261 of 26.10.2002.