Case T-423/03: Action brought on 23 December 2003 by Elisabeth Saskia Smit against Europol
Date: 2004-02-21
Institutions: Court of First Instance
Subjects: Europol, action for annulment (EU), appointment of staff, promotion, staff regulations (EU)

C 47/36

EN

Official Journal of the European Union

21.2.2004

The applicants finally claim that the Commission has violated
fundamental principles of Community law, such as the prin-
ciple of legal certainty and legitimate expectations, the prin-
ciple of independence and excellence of scientific advice, the
principle of proportionality, the principle of equal treatment
and the principle of sound administration. The applicants also
claim that there was a lack of competence on the part of the
Commission and that the Commission misused its powers.

(1) Council Directive 67/548/EEC of 27 June 1967 on the approxi-
mation of laws, regulations and administrative provisions relating
to the classification, packaging and labelling of dangerous sub-
stances (OJ English special edition: Series I Chapter 1967, p. 234).

The applicant submits that the reasoning for the contested
decision is unsound and that that decision infringes the general
principle of sound administration that reasons must be stated
for decisions. The applicant also alleges infringement of
Article 5 of Appendix 2 to the Staff Regulations of Europol (1)
and infringement of the principle of due care.

(1) Council Act of 3 December 1998 laying down the staff regulations

applicable to Europol employees (OJ 1999 C 26, p. 7).

Action brought on 23 December 2003 by Elisabeth Saskia
Smit against Europol

(Case T-423/03)

(2004/C 47/68)

(Language of the case: Dutch)

An action against Europol was brought before the Court of
First Instance of the European Communities on 23 December
2003 by Elisabeth Saskia Smit, represented by P. de Casparis
and M.F. Baltussen.

The applicant claims that the Court should:

1.

2.

annul the implicit rejection by Europol of her objection
to the decision of 19 May 2003 and, at the same time,
annul the decision of 19 May 2003;

order Europol to pay the applicant compensation includ-
ing, in any event, the costs of the present proceedings.

Pleas in law and main arguments

The applicant’s application for the post of ‘Asset Administrator’
with Europol was rejected by the contested decision.

Action brought on 20 December 2003 by Gerhard Kein-
horst against the Commission of the European Communi-
ties

(Case T-428/03)

(2004/C 47/69)

(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 20 December 2003 by Gerhard
Keinhorst, residing in Overijse (Belgium), represented by
Nicolas Lhoëst, lawyer, with an address for service in Luxem-
bourg.

The applicant claims that the Court should:

— Annul the decision of the appointing authority dated
23 December 2002, in so far as it did not award the
applicant additional seniority and therefore reclassified
him in Grade A6, Step 1, instead of Grade A6, Step 3;

— Annul the decision of the appointing authority dated

14 April 2003, in so far as it:

— did not fix the applicant’s classification in Grade A6,

Step 3 upon recruitment,

— did not reconstruct the applicant’s career in grade
by bringing forward the date of his promotion to A5
and, if appropriate, promoting him to A4,

— limited the date on which the reclassification
decision took effect as regards its pecuniary effects
to 5 October 1995;