Case T-119/04: Actionbrought on 25 March 2004 by Francisco Rossi Ferrerasagainst 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 106/88

EN

Official Journal of the European Union

30.4.2004

Action brought on 19 March 2004 by Manuel Ruiz Sanz,
Anna Maria Campogrande and Friedrich Mühlbauer against
the Commission of the European Communities

Laroche, residing in Brussels, represented by Gilles Bounéou
and Frédéric Frabetti, avocats, with an address for service in
Luxembourg.

(Case T-112/04)

(2004/C 106/172)

(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 19 March 2004 by Manuel Ruiz
Sanz, residing in Tervuren (Belgium), Anna Maria Campo-
grande and Friedrich Mühlbauer, residing in Brussels, repre-
sented by Gilles Bounéou and Frédéric Frabetti, avocats, with
an address for service in Luxembourg.

The applicants claim that the Court should:

— annul the 2001-2002 reporting procedure 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;

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

of the European Communities to pay same.

Pleas in law and main arguments:

The pleas in law submitted are identical to those in Case T-47/
04 Alex Milbert and Others v Commission of the European Commu-
nities.

The applicant claims that the Court should:

— annul the decision of 11 June 2003 to close the applicant's
career development report (CDR) for the period from 1 July
2001 to 31 December 2002;

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

of the European Communities to pay same.

Pleas in law and main arguments:

The applicant takes issue with the decision of the appointing
authority definitively establishing her
career development
report for the period from 1 July 2001 to 31 December 2002.

According to the applicant, the contested decision was taken at
a date on which she was on sick leave. She was apprised of
that decision only after she had returned to work.

In support of her contentions, she pleads breach of Article 43
of the Staff Regulations and its general
implementing provi-
sions, and breach of the assessment guide for the 2001-2002
reporting period, in conjunction with infringement of the prin-
ciples of sound administration, non-discrimination and prohibi-
tion of arbitrary procedure, and breach of the obligation to
state reasons.

Action brought on 19 March 2004 by Yvonne Laroche
against the Commission of the European Communities

(Case T-115/04)

(2004/C 106/173)

(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 19 March 2004 by Yvonne

Action brought on 25 March 2004 by Francisco Rossi
Ferreras against Commission of the European Commu-
nities

(Case T-119/04)

(2004/C 106/174)

(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 25 March 2004 by Francisco Rossi
represented by Gilles
Ferreras,
Bounéou, and Frédéric Frabetti, lawyers.

residing in Luxembourg,

30.4.2004

EN

Official Journal of the European Union

C 106/89

The applicant claims that the Court should:

Removal from the register of Case T-291/99 (1)

— annul the applicant's staff report for the period running

from 1 July 2001 to 31 December 2002;

— order the defendant to pay the applicant EUR 30 000 by

way of non-material damage;

— order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant, an official working for the defendant, is challen-
ging his report in respect of the period 2001 to 2002.

He alleges infringement of Article 43 of the Staff Regulations,
breach of the principles of sound administration, non-discrimi-
nation and of the principle prohibiting arbitrary decisions as
well as breach of the duty to provide reasons. He further
alleges manifest error of assessment of the defendant's reporting
officers and claims to have been the victim of harassment by
his line manager.

Removal from the register of Case T-235/99 (1)

(2004/C 106/175)

(Language of the Case: Dutch)

By order of 13 February 2004 the President of the Second
Chamber (Extented Composition) of the Court of First Instance
of the European Communities ordered the removal from the
register of Case T-235/99: Garage Bergesteyn B.V. v
Commission of the European Communities.

(1) OJ C 47 of 19.02.2000.

Removal from the register of Case T-279/99 (1)

(2004/C 106/176)

(Language of the case: Dutch)

the President of

By order of 1 March 2004,
the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the register of Case T-279/99 De Haan Minerale Oliën B.V. v
Commission of the European Communities

(2004/C 106/177)

(Language of the case: Dutch)

the President of

the Second
By order of 1 March 2004,
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has order the removal from the
register of Case T-291/99: Autobedrijf Vruggink v Commission
of the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the register of Case T-294/99 (1)

(2004/C 106/178)

(Language of the Case: Dutch)

By order of 13 February 2004 the President of the Second
Chamber (Extented Composition) of the Court of First Instance
of the European Communities ordered the removal from the
register of Case T-294/99: Gebr. Derks Beers B.V. v Commis-
sion of the European Communities.

(1) OJ C 63 of 04.03.2000.

Removal from the register of Case T-184/03 (1)

(2004/C 106/179)

(Language of the case: Spanish)

the Court of First

the Fourth
By order of 2 March 2004,
Chamber of
the European
Communities has ordered the removal from the register of Case
T-184/03: Metrovacesa, S.A. v Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM)

the President of
Instance of

(1) OJ C 47 of 19.2.2000.

(1) OJ C 184 of 2.8.2003.