Action brought on 2 February 2004 by Orlando Perez-Diaz against the Commission of the European Communities
Date: 2004-04-17
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), equal treatment, recruitment, servant (EU)

17.4.2004

EN

Official Journal of the European Union

C 94/49

Action brought on 6 February 2004 by Emma Bonino and
seven other applicants against European Parliament and
Council of the European Union

(Case T-40/04)

(2004/C 94/133)

(Language of the case: French)

An action against the European Parliament and the Council of
the European Union was brought before the Court of First
Instance of the European Communities on 3 February 2004 by
Emma Bonino and Others, represented by Georges Vander-
sanden and Laure Levi, lawyers.

The applicants claim that the Court should:

— Annul Regulation (EC) No 2004/2003 of European Parlia-
ment and of the Council of 4 November 2003 on the regu-
lations governing political parties at European level and the
rules regarding their funding;

— Make an appropriate order as to costs.

Pleas in law and main arguments

In these proceedings, the act whose annulment is sought is the
same as in Cases T-13/04 Donde and Others v European Parlia-
ment and Council and T-17/04 National Front and Others v
European Parliament and Council; the pleas and main argu-
ments are similar to those put forward in those cases.

The applicants also claim that the contested regulation infringes
the EC Treaty in that it provides that the European Parliament
is to combine the powers of joint legislature and executor.

They further claim that there has been a breach of the principle
of democracy,
in that the applicants are in a situation such
that, although sitting in the European Parliament follow free
democratic elections, they are precluded from financing from
the general budget of the Union because they are not recog-
nised as a political party at European level.

The applicant claims that the Court should:

— Annul

decision COM/R/A/1/1999

Selection
Committee not to place the applicant on the reserve list for
that selection, notified to him by letter of 21 January 2003
from the Head of Unit of personnel in the Commission's
Directorate-General
the
Chairman of the Selection Committee;

for Research, on behalf of

the

of

— Order the Commission to pay him damages, of an amount
to be assessed by the Court, to compensate for non-material
damage and damage to his career resulting from the incor-
rectness of the contested decision;

— Order the Commission to pay the costs.

Pleas in law and main arguments:

The applicant in the present case is the same as in Cases T-
102/01 (1) and T-156/03 (2) Orlando Perez-Diaz v Commission.

The pleas in law and main arguments are those invoked in
Case T-156/03, cited above.

(1) Judgment of the Court of First Instance of 24 September

2002 ([2002] ECR-SC I-A-165; II-871).

(2) OJ C 171, of 19.7.03, p. 37.

Action brought on 9 February 2004 by Mohammad Reza
Fardoom and Marie José Reinard against Commission of
the European Communities

(Case T-43/04)

(2004/C 94/135)

(Language of the case: French)

Action brought on 2 February 2004 by Orlando Perez-
Diaz against the Commission of the European Commu-
nities

(Case T-41/04)

(2004/C 94/134)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 2 February 2004 by Orlando Perez-
Diaz, residing in Brussels, represented by M.-A. Lucas, lawyer.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 9 February 2004 by Mohammad
Reza Fardoom and Marie José Reinard, residing at Luxembourg,
represented by G. Bounéou and F. Frabetti,
lawyers, with an
address for service in Luxembourg.

The applicants claim that the Court should:

— Annul the evaluation exercise 2001/2002 in relation to the

applicants;

— Alternatively, annul

the applicants' career development

reports (REC/CDR) for the period 1.7.2001-31.12.2002;

— Decide as to costs, expenses and fees and order

the

Commission of the European Communities to pay them.