Case T-339/03: Action brought on 6 October 2003 by Gabrielle Clotuche against the Commission of the European Communities
Date: 2003-11-29
Institutions: Court of First Instance
Subjects: European Commission, European official, Eurostat, action for annulment (EU), reassignment

C 289/34

EN

Official Journal of the European Union

29.11.2003

In the event that the Court does not make the declaration
primarily sought against the contested regulation, the appli-
cants seek in the alternative a declaration from the Court that
Article 2 of Regulation No 1260/2001 is unlawful and
inapplicable in so far as it enables the Commission when
setting the derived intervention price on the basis of market
trends to disregard the effect of unrestricted imports free of
duty.

Second, the applicants assert that the statement of reasons for
the contested regulation appears inadequate and contradictory
given that, by that measure, the Commission has altered its
own practice of preceding years — inasmuch as Italy was not
included in the States covered by regionalisation — without
any objective justification for that change and without taking
account of the specific situation arising from the abovemen-
tioned imports free of duty of white sugar from the Balkans.

Third, and in the alternative, the applicants submit that even
without taking account of the imports free of duty of white
sugar from the Balkans in assessing domestic supply, the
Commission should not deemed Italy to be a ‘deficit area’.

(1) OJ L 162 of 1.7.2003, p. 24.
(2) Council Regulation (EC) No 1260/2001 of 19 June 2001 on the
common organisation of the markets in the sugar sector (OJ
L 178 of 30.6.2001, p. 1).

Action brought on 6 October 2003 by Gabrielle Clotuche
against the Commission of the European Communities

(Case T-339/03)

(2003/C 289/69)

(Language of the case: French)

— annul the decision of the Commission of 1 October 2003
fixing the new organigram of DG ESTAT in so far as it
does not thereby constitute a reassignment of the appli-
cant where another individual reassignment measure is
ordered in addition;

— order the Commission to pay her EUR 25 000 by way of
compensation for the non-material damage suffered as a
result of irregular conduct;

— order the Commission to pay the costs in their entirety.

Pleas in law and main arguments

The applicant, a Commission official, was transferred on
16 January 2003 to Eurostat as Director of the Social Statistics
Directorate. On 9 July 2003, in view of the serious irregularities
the Commission
which allegedly took place in Eurostat,
decided to move all Eurostat’s directors, including the appli-
cant, to posts as Principal Advisers. On 1 October 2003, the
Commission decided on a new structure for the reformed DG
ESTAT departments and decided that, in principle, it would
open applications for the posts in the new directorates to both
external and internal applicants, without taking account of the
applicant. The applicant contests both those decisions claiming
that the alleged irregularities within Eurostat took place until
2001 at the latest, while she was not posted there until 2003
and was thus not
In support of her
involved in them.
application, she alleges infringement of Articles 4, 7, 24, 25
and 47 of the Staff Regulations, breach of the principle of
equal treatment and of prohibition of discrimination, the
principle of sound administration, the principles ‘audi alteram
partem’ and ‘patere legem’, manifest error of assessment, abuse
of process and misuse of powers.

Action brought on 2 October 2003 by Wanadoo Inter-
active S.A. against the Commission of the European
Communities

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 6 October 2003 by Gabrielle
Clotuche, residing in Brussels, represented by Pierre-Paul Van
Gehuchten, Gilbert Demez Jacques Sambon, lawyers.

(Case T-340/03)

(2003/C 289/70)

(Language of the case: French)

The applicant claims that the Court should:

— annul the decision of the Commission of 9 July 2003 to
reassign the applicant by transfer in the interest of the
service from her post as Director of the Social Statistics
Directorate at Eurostat to a post as Principal Adviser at
Eurostat;

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 2 October 2003 by Wanadoo
Interactive S.A., whose registered office is in Issy-les-Mou-
lineaux (France), represented by O.W. Brouwer, H. Calvet,
M. Pittie and J. Philippe, lawyers.