Case T-282/03: Action brought on 8 August 2003 by Paul Ceuninck against Commission of the European Communities
Date: 2003-10-18
Institutions: Court of First Instance
Subjects: European Anti-fraud Office, action for annulment (EU), appointment of staff, job vacancy

18.10.2003

EN

Official Journal of the European Union

C 251/17

In support of her application, she relies inter alia on the
following pleas:

Pleas in law and main arguments

— failure to have regard to the purpose of optional observa-
tions in so far as the fact that she was being ‘encouraged
to resume tasks of coordination and distribution of work
in the Pool’ is in no way a justification of the assessment
of ‘very good’ under the headings concerned;

— inconsistency in the marks;

— failure to have regard to the observations of the Reports

Committee;

— that she was the victim of harassment at her workplace;

— that she had amply and undeniably demonstrated a
capacity for mobility and versatility. It would therefore
be in keeping with the Staff Regulations for that merit to
be specifically referred to in the staff report at issue.

The applicant submitted his candidature for a vacant post as
counsellor at the European Anti-Fraud Office. The applicant's
candidature for the post was rejected.

In support of his action, the application claims that there has
been a breach of Article 7(1) of the Staff Regulations, an abuse
of power and of procedure, a manifest error of assessment, a
breach of essential procedural requirements in drawing up the
vacancy notice, a breach of the principle of institutional impar-
tiality and of the principle that an institution must have regard
to the welfare of its officials, a breach of Part 1, Point 2 of the
Commission's Decision of 21 December 2000, a breach of
the rights of the defence, in particular the right to be heard,
of the principle of equality of arms, of the principle of equality,
of the principle that an institution must have regard to the
welfare of its officials, of the principle that officials should
have reasonable career prospects and of the principle that
a decision must contain a statement of reasons. Last, the
applicant claims that the Director General of OLAF was not
competent
the
complaint and to reject it.

to make a determination in respect of

Action brought on 8 August 2003 by Paul Ceuninck
against Commission of the European Communities

(Case T-282/03)

(2003/C 251/32)

(Language of the case: French)

the Commission of

An action against
the European
Communities was brought before the Court of First Instance
of the European Communities on 8 August 2003 by Paul
Ceuninck, residing in Hertsberge (Belgium), represented by
G. Vandersanden and A. Finchelstein, lawyers.

The applicant claims that the Court should:

— annul the entire selection procedure following notice of

vacant post COM/051/02 and annul that notice;

— annul the decision to appoint another person taken by
the appointing authority on 13 September 2002 and also,
consequently, the decision rejecting the applicant's candi-
dature for that post;

— order the Commission to pay the costs.

Action brought on 5 August 2003 by Rosalinda Aycinena
against Commission of the European Communities

(Case T-284/03)

(2003/C 251/33)

(Language of the case: French)

the Commission of

the European
An action against
Communities was brought before the Court of First Instance
of the European Communities on 5 August 2003 by Rosalinda
Aycinena,
represented by Sébastien
Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal,
lawyers.

residing in Brussels,

The applicant claims that the Court should:

— annul the decision of 26 March 2003 revising the appli-
cant's classification on recruitment classifying her at the
first step of Grade LA 6;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of her claims, the applicant alleges breach of the
obligation to provide reasons for decisions, manifest error of
assessment, breach of the principle that officials should have
the Staff
reasonable

(Article 5(3) of

career prospects