Judgment of the Court of First Instance of 27 November 2003 in Joined Cases T-331/00 and T-115/01: Laurence Bories and Others v Commission of the European Communities (Civil service — Temporary staff within the meaning of Article 2(d) of the Conditions of Employment of Other Servants — Vacancy notices for permanent posts paid from research and investment appropriations — Rejection of candidatures of temporary staff — Interest of the service — Limitation of the contracts of temporary staff to a maximum term of three years — Withdrawal of vacancy notices — Interest of the service — Misuse of powers — Claims for damages)
Date: 2004-02-07
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), appointment of staff, equal treatment, servant (EU)

7.2.2004

EN

Official Journal of the European Union

C 35/7

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

— in the alternative, annulment of those vacancy notices;

of 27 November 2003

— compensation for the loss suffered by the applicants;

in Joined Cases T-331/00 and T-115/01: Laurence Bories
and Others v Commission of the European Communi-
ties (1)

(Civil service — Temporary staff within the meaning of
Article 2(d) of the Conditions of Employment of Other
Servants — Vacancy notices for permanent posts paid from
research and investment appropriations — Rejection of
candidatures of temporary staff — Interest of the service —
Limitation of the contracts of temporary staff to a maximum
term of three years — Withdrawal of vacancy notices —
Interest of the service — Misuse of powers — Claims for
damages)

(2004/C 35/10)

(Language of the case: French)

the Commission of

In Joined Cases T-331/00 and T-115/01: Laurence Bories,
residing at Vallon-Pont-d’Arc (France), Philippe Chemin, resid-
ing at Gif-sur-Yvette (France), Laura Copes, residing at Ispra
(Italy), Emanuele Mondini, residing at Gavirate (Italy), Helen
Preissler, residing at Siegsdorf (Germany), former temporary
staff of
the European Communities,
represented by G. Vandersanden and L. Levi, lawyers, appli-
cants in Cases T-331/00 and T-115/01, Francesca Bertolo,
residing at Varese (Italy), Lionello Brovelli, residing at Angera
(Italy), Maria Gabriella D’Elia, residing at Taino (Italy), former
temporary staff of the Commission of the European Commun-
ites, represented by G. Vandersanden and L. Levi, lawyers,
applicants in Case T-115/01, against Commission of the
European Communites (Agents: in Case T-331/00, J. Currall
and in Case T-115/01,
J. Currall and D. Waelbroeck) —
application, in Case T-331/00, for:

— annulment of the decisions of the authority authorised to
conclude contracts, of 16 March 2000 (Mrs Bories’ case),
of 3 February 2000 (Mr Chemin’s case), of 17 March
2000 (Miss Copes’ case), of 17 January 2000 (Mr
Mondini’s case), and of 16 March 2000 (Miss Preissler’s
case), not to consider the applicants’ candidatures for the
posts stated to be vacant by post vacancy notices COM/
R/5526/00 of 24 February 2000 (Mrs Bories’ case), COM/
R/5889/99 of 21 December 1999 (Mr Chemin’s case),
COM/R/5520/00 of 24 February 2000 (Miss Copes’ case),
COM/R/5863/99 of 26 November 1999 (Mr Mondini’s
case), and COM/R/5521/00 of 24 February 2000 (Miss
Preissler’s case);

and, in Case T-115/01, for:

— annulment of the decision of the authority authorised to
conclude contracts to annul the recruitment procedures
initiated by the publication of post vacancy notices COM/
R/5526/00 of 24 February 2000 (Mrs Bories’ case), COM/
R/5889/99 of 21 December 1999 (Mr Chemin’s case),
COM/R/5520/00 of 24 February 2000 (Miss Copes’ case),
COM/R/5863/99 of 26 November 1999 (Mr Mondini’s
case), COM/R/5521/00 of 24 February 2000 (Miss Preis-
sler’s case), COM/R/5638/00 and COM/R/5639/00 of
16 March 2000 (Mrs Bertolo’s case), COM/R/5645/00 of
20 March 2000 (Mr Brovelli’s case), and COM/R/5646/
00 of 20 March 2000 (Mrs D’Elia’s case);

— annulment of post vacancy notices COM/R/5734/00 of
23 June 2000 (Mr Chemin’s case), and COM/R/5735/00
(Mr Mondini’s case) and of the decisions made in the
course of those two recruitment procedures;

— compensation for the loss suffered by the applicants,

the Court of First Instance (Fifth Chamber), composed of
R. García-Valdecasas, President, P. Lindh and J.D. Cooke,
Judges; Registrar:
I. Natsinas, Administrator, has given a
judgment on 27 November 2003, of which the operative part
is as follows:

1)

In Case T-331/00 the decisions of 16 March 2000 rejecting
Mrs Bories’ candidature, of 3 February 2000 rejecting Mr Che-
min’s candidature, of 17 March 2000 rejecting Miss Copes’
candidature, of 17 January 2000 rejecting Mr Mondini’s
candidature and of 16 March 2000 rejecting Miss Preissler’s
candidature, are annulled.

2)

In Case T-115/01:

— the decision of 30 May 2000 withdrawing vacancy notice
is

for which Mrs Bories applied,

COM/R/5526/00,
annulled;

— the decision of 30 May 2000 withdrawing vacancy notice
is
COM/R/5889/99, for which Mr Chemin applied,
annulled.

3)

In Joined Cases T-331/00 and T-115/01:

— the Commission shall pay Mrs Bories the sum of
EUR 11 929 (eleven thousand nine hundred and twenty-
nine) as compensation for the material damage and the
sum of EUR 1 (one) as compensation for the non-
material damage suffered;

C 35/8

EN

Official Journal of the European Union

7.2.2004

— the Commission shall pay Mr Chemin the sum of
EUR 29 592 (twenty-nine thousand five hundred and
ninety-two) as compensation for the material damage and
the sum of EUR 1 (one) as compensation for the non-
material damage suffered;

— the Commission shall pay Miss Copes the sum of EUR 1
(one) as compensation for the non-material damage
suffered;

— the Commission shall pay Mr Mondini

the sum of
EUR 5 000 (five thousand) as compensation for the
material damage and the sum of EUR 1 (one) as
compensation for the non-material damage suffered;

— the Commission shall pay Miss Preissler the sum of
EUR 11 929 (eleven thousand nine hundred and twenty-
nine) as compensation for the material damage and the
sum of EUR 1 (one) as compensation for the non-
material damage suffered;

— the Commission shall pay Mrs Bertolo the sum of EUR 1
(one) as compensation for the non-material damage
suffered;

— the Commission shall pay Mr Brovelli the sum of EUR 1
(one) as compensation for the non-material damage
suffered;

— the Commission shall pay Mrs D’Elia the sum of EUR 1
(one) as compensation for the non-material damage
suffered.

The remainder of the action in Case T-115/01 is dismissed.

The Commission shall bear its own costs and pay the costs
incurred by the applicants in Case T-331/00.

The Commission shall bear its own costs and pay three-quarters
of the costs incurred by the applicants in Case T-115/01.

The applicants in Case T-115/01 shall bear a quarter of their
own costs.

4)

5)

6)

7)

(1) OJ C 372 of 23.12.00 and OJ C 227 of 11.8.01.

(Luxembourg), represented by G. Bounéou and F. Frabetti,
lawyers, with an address for service in Luxembourg, against
Commission of the European Communities (Agents: J. Currall
and C. Berardis-Kayser) — application for the annulment of
the decision adopting the definitive staff report of the applicant
for the period running from 1 July 1995 to 30 June 1997 —
the Court of First Instance (Fourth Chamber), composed of
V. Tiili, President, P. Mengozzi and M. Vilaras, Judges; I. Natsin-
as, Administrator,
for the Registrar, gave a judgment on
5 November 2003, in which it:

1. Dismisses the application.

2. Orders the parties to bear their own costs.

(1) OJ C 84 of 6.4.02

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 18 November 2003

in Case T-13/02: Falk-Ulrich von Hoff v European Parlia-
ment (1)

(Officials — Temporary staff — Installation allowance —
Change in place of employment — Default interest)

(2004/C 35/12)

(Language of the case: German)

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 5 November 2003

in Case T-326/01: Giorgio Lebedef v Commission of the
European Communities (1)

(Officials — Staff report — Exercise of activities as staff
representative and union activities — Action for annulment)

(2004/C 35/11)

(Language of the case: French)

(Agents:

In Case T-13/02: Falk-Ulrich von Hoff, a member of the
temporary staff of the European Parliament, residing in Berlin-
Wittenau (Germany), represented by B. Wägenbaur, lawyer,
against European Parliament
J. de Wachter and
U. Rösslein) — application for, first, annulment of the decision
of the European Parliament of 17 April 2001, refusing to grant
the applicant an installation allowance in connection with the
change in his place of employment and, second, an order that
the European Parliament pay to the applicant an installation
allowance amounting to two months’ basic salary, together
with interest at 8 % from the date of the application — the
Court of First Instance (Fifth Chamber), composed of R. García-
Valdecasas, President, J.D. Cooke and P. Lindh, Judges; I. Natsi-
nas, administrator, for the Registrar, gave a judgment on
18 November 2003, in which it:

In Case T-326/01: Giorgio Lebedef, official of the Commission
the European Communities, residing in Senningerberg
of

1. Annuls the decision of the Parliament of 17 April 2001
refusing to grant the applicant an installation allowance;