Case T-97/04: Actionbrought on 12 March 2004 by Laura Gnemmi and EugéniaAguiar against the Commission of the European Communities
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), report, staff assessment

C 106/82

EN

Official Journal of the European Union

30.4.2004

In support of his application, the applicant alleges:

Pleas in law and main arguments

— infringement of

implementing
Article 43 of the Staff Regulations and breach of the princi-
ples of non-discrimination and sound administration;

the general provisions

— infringement of the 1974 Framework Agreement signed by
Action & Défense, of which the applicant was the secretary
general during the reference period, and of Article 24a of
the Staff Regulations, and interference with the freedom of
association;

— infringement of the agreement protocol signed on 18 May

1998 by the Commission and the unions;

— disregard of the principle prohibiting arbitrary action and
requiring reasons to be provided for decisions, and misuse
of powers;

— breach of the principle that legitimate expectations are to

be protected;

— failure to fulfil the duty to have regard for the welfare of

officials.

In support of his action the applicant claims that the new
system of assessing officials is unlawful, for it provides for a
limited number of merit points per division which forces the
assessor to set off good assessments against less good. That
entails discrimination between officials depending on the quota
of points available in their division. The applicant also alleges a
manifest error of assessment and claims that the development
report he challenges amounts to psychological harassment of
him.

Action brought on 12 March 2004 by Laura Gnemmi and
Eugénia Aguiar against the Commission of the European
Communities

(Case T-97/04)

(2004/C 106/161)

(Language of the case: French)

Action brought on 5 March 2004 by Michael Cwik against
the Commission of the European Communities

(Case T-96/04)

(2004/C 106/160)

(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 12 March 2004 by Laura Gnemmi,
residing in Hünsdorf
(Luxembourg), and Eugénia Aguiar,
residing in Brussels, represented by Gilles Bounéou and Frédéric
Frabetti, avocats, with an address for service in Luxembourg.

The applicants claim that the Court should:

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 5 March 2004 by Michael Cwik,
residing at Tervuren (Belgium), represented by Nicolas Lhoëst,
avocat, with an address for service in Luxembourg.

— annul the 2001-2002 reports in so far as the applicants are

concerned;

— in the alternative, annul the applicants' career development
reports (REC/CDR) for the period from 1 July 2001 to
31 December 2002;

The applicant claims that the Court of First Instance should:

— rule on costs, expenses and fees and order the Commission

of the European Communities to pay same.

— annul he decision of the Director General of DG ECFIN of
24 April 2003 confirming without amendment the appli-
cant's career development report for the period from 1 July
2001 to 31 December 2002;

— annul, so far as is necessary, the Commission's decision of
19 November 2003 rejecting the applicant's complaint (R/
383/03);

— order the defendant to pay symbolic damages of one euro;

— order the defendant to pay all the costs.

Pleas in law and main arguments:

In the present case, the pleas in law and main arguments
invoked by the applicants are identical to those invoked by the
applicants in Cases T-43/04 and T-47/04.