Case T-331/03: Action brought on 21 September 2003 by Michael Cwik against the Commission of the European Communities
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), staff assessment

29.11.2003

EN

Official Journal of the European Union

C 289/31

In support of her claims, she alleges, apart from the fact of
having been the victim of harassment in the work place, an
error in the reasoning and irregularity in the promotion
procedure, in that the contested decision does not enable her
to know if it was really the Appointing Authority which made
the choice provided for by Article 45 of the Staff Regulations,
or whether it confined itself to confirming the conclusions of
the Consultative Commission on Promotions (CCP).

Action brought on 21 September 2003 by Michael Cwik
against the Commission of the European Communities

(Case T-331/03)

(2003/C 289/64)

(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 21 September 2003 by Michael
Cwik, residing in Tervuren (Belgium), represented by Nicolas
Lhoëst, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the Secretary General’s decision of 31 October
2002 confirming unamended the applicant’s staff report
for the period 1 July 1999 to 30 June 2001;

— order the defendant to pay compensation of EUR 6 500;

— order the defendant to pay all the costs.

The Joint Committee on Staff Reports did not express an
opinion on all the criticisms levelled by the applicant and
he was not consulted beforehand;

— that there was in the circumstances of the case a manifest
error of appreciation inasmuch as, on the one hand, the
staff report at issue contains criticisms to which voice
was never given at the material time, which are strongly
contested and which are not borne out by any evidence
and as, on the other,
the defendant puts forward a
problem which arose after the period covered by the
report.

Lastly, the applicant alleges misuse by the Commission of its
powers and mental harassment.

Action brought on 29 September 2003 by European
Service Network against the Commission of the European
Communities

(Case T-332/03)

(2003/C 289/65)

(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 29 September 2003 by European
Service Network, established in Brussels, represented by René
Steichen, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul Invitation to tender ENTR/02/055 — CORDIS —

Lot 1;

Pleas in law and main arguments

— order the Commission to pay the costs.

The applicant in this case challenges the appointing authority’s
refusal to amend his staff report for the period 1999/2001.

Pleas in law and main arguments

In support of his claims he puts forward the following
arguments:

The applicant submitted a tender pursuant to lot 1 of Invitation
to tender ENTR/02/055 — CORDIS. The applicant was not
successful.

— that there was a breach of the pre-litigation procedure
because, inter alia, the staff report in question was drawn
up on the basis of two memos drafted by two of his
former line managers. It is not clear whether the first of
those two memos refers to the period concerned, while
the second refers to matters taking place after that period.

The applicant contests the award of the contract to the
successful tenderer. According to the applicant, the Com-
mission did not comply with the principle of equal treatment
of tenderers or the rule of transparency in the tendering
procedure.