Case T-130/04: Action brought on 1 April 2004 by Gerhard Frauerwieser against the Commission of the European Communities
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, action by staff, professional career, report, staff assessment

C 118/50

EN

Official Journal of the European Union

30.4.2004

Action brought on 24 March 2004 by Willem Goris
against the Commission of the European Communities

Action brought on 29 March 2004 by Carla Piccinni-
Leopardi against Commission of the European Commu-
nities

(Case T-126/04)

(2004/C 118/107)

(Language of the case: French)

(Case T-128/04)

(2004/C 118/108)

(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 24 March 2004 by Willem Goris,
represented by Nicolas
resident
Lhoëst, lawyer, with an address for service in Luxembourg.

in Strassen (Luxembourg),

The applicant claims that the Court of First Instance should:

— annul the decision of the appointing authority of 5 May

2003 inasmuch as it:

— did not classify the applicant in Grade B4, step 3, at the

time of his recruitment;

— did not reconstitute the applicant's career in terms of
his grade by bringing forward the date of his promotion
to Grade B3 and granting him, if it so be, promotion to
Grade B2;

— limited the date of effect of the reclassification decision
in regard to its pecuniary effects to 5 October 1995;

— in so far as necessary annul the implied decision of the
appointing authority of 14 December 2003, rejecting his
complaint R/487/03;

— order the defendant to pay compensation provisionally set
in the amount of EUR 125 000 per annum in the event
that, owing to impossibility, it is unable to reconstitute the
applicant's career in terms of his grade;

— order the defendant to pay all the costs.

Pleas and main arguments

The applicant in these proceedings who, on his recruitment in
September 1994, was classified in Grade B5, step 3, challenges
the decision of the appointing authority classifying him, on
revision,
in Grade B4, step 2, and not in Grade B4, step 3,
refusing to reconstitute his career and limiting the date of effect
of the decision on his reclassification to 5 October 1995.

The pleas raised are identical to those in Case T-125/04 Rous-
seaux v Commisison

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 29 March 2004 by Carla Piccinni-
Leopardi, residing in Brussels, represented by Sébastien Orlandi,
Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the Commission decision of 14 April 2003 inasmuch
as it fixes the classification at recruitment of the applicant
at the second step of her grade, reviews and fixes 1 April
1999 as the date for her classification at Grade A5, Step 3,
and restricts the pecuniary effects of
its decision to 5
October 1995;

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas put forward in the present case are the same as those
relied on in Case T-402/03 Katalagarianakis v Commission (OJ
2004 C 35, p. 17).

Action brought on 1 April 2004 by Gerhard Frauerwieser
against the Commission of the European Communities

(Case T-130/04)

(2004/C 118/109)

(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 1 April 2004 by Gerhard Frauer-
wieser, resident in Brussels, represented by Gilles Bounéou and
Frédéric Frabetti, lawyers, with an address for service in Luxem-
bourg.

The applicant claims that the Court should:

— order the Commission to complete the applicant's indivi-
dual file by drawing up his staff reports from the time of
his employment at the Commission, 1 November 1996, in
particular by drawing up his staff reports for the periods
1997-1999 and 1999-2001;

30.4.2004

EN

Official Journal of the European Union

C 118/51

— annul the reporting year 2001-2002 in regard to the appli-

cant;

— in the alternative, annul his career development report
(CDR) for the period 1 July 2001 to 21 December 2002;

— make a ruling as to costs and fees and order the Commis-

sion to pay them.

— did not reconstitute the career in terms of the appli-
cant's grade by bringing forward the date of his promo-
tion to Grade B3 and granting him, if it so be, promo-
tion to Grade B2;

— limited the date of effect of the reclassification decision
in regard to its pecuniary effects to 5 October 1995;

Pleas in law and main arguments:

— annul

the decision of

the appointing authority of 11
December 2003, served on the applicant on 16 December
2003, rejecting his complaint R/4/73/03;

The applicant requests annulment of the reporting year 2001-
2002 in his regard and challenges the AIPN's refusal to allow
file to be completed by
his application for his individual
drawing up his missing staff reports.
In the alternative, he
requests the annulment of his career development report for
the period 1 July 2001 to 31 December 2002.

— order the defendant to pay compensation provisionally set
in the amount of EUR 125 000 per annum in the event
that, owing to impossibility, it is unable to reconstitute the
applicant's career in terms of his grade;

— order the defendant to pay all the costs.

In support of his application he argues:

— infringement of Articles 26 and 43 of the Staff Regulations

and of the General Implementing Provisions;

— infringement of the Evaluation Guide and the specific guide

for staff assessment for 2001-2002:

— infringement of the principle of non-discrimination;

— infringement of the principle of the protection of legitimate
the rule ‘patere legem quam ipse

expectations and of
fecisti’;

— infringement of the duty to have regard to the welfare of

staff.

Action brought on 26 March 2004 by Luc Jacobs against
the Commission of the European Communities

(Case T-131/04)

(2004/C 118/110)

(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 26 March 2004 by Luc Jacobs, resi-
dent in Brussels, represented by Nicolas Lhoëst, lawyer, with an
address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

— annul the decision of the appointing authority of 14 April

2003 inasmuch as it:

Pleas and main arguments

The applicant in these proceedings who, on his recruitment in
January 1991, was classified in Grade B5, step 3, challenges the
decision of the appointing authority classifying him, on revi-
sion, in Grade B4, step 2, and not in Grade B4, step 3, refusing
to reconstitute his career and limiting the date of effect of the
decision on his reclassification to 5 October 1995.

The pleas raised are identical to those in Case T-125/04 Rous-
seaux v Commisison

Action brought on 7 April 2004 by Cementir Cementerie
del Tirreno spa against the Commission of the European
Communities

(Case T-138/04)

(2004/C 118/111)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 7 April 2004 by Cementir Cement-
erie del Tirreno spa, represented by Denis Fosselard and Piero
Fattori, lawyers.

The applicant claims that the Court should:

— annul the decision contained in the letter of 28 January
2004 inasmuch as it sets the default interest on the fine the
sum of EUR
is
applicant
4 770 949,89

required to pay at

the

— did not classify the applicant in Grade B4, step 3, at the

time of his recruitment;

— order the Commission to pay the costs.