Case T-124/04: Action brought on 1 April 2004 by Jamal Ouariachi against the Commission of the European Communities
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, Morocco, Sudan, appeal to the Court (EU), damage, divorced person, fraud, rights of access, servant (EU)

30.4.2004

EN

Official Journal of the European Union

C 118/49

Action brought on 1 April 2004 by Jamal Ouariachi
against the Commission of the European Communities

The applicant claims that the Court of First Instance should:

(Case T-124/04)

(2004/C 118/105)

(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 Jamal Ouariachi,
resident in Rabat (Moroccco), represented by France Blanmail-
land, avocat.

The applicant claims that the Court should:

— Order the defendant to pay the applicant a total lump sum
indemnity of EUR 150 000 by way of compensation for
the non-material damage suffered by him;

— Order the defendant to pay the costs.

— annul the decision of the appointing authority of 14 April

2003 inasmuch as it:

— did not classify the applicant in Grade A6, step 3, at the

time of his recruitment;

— did not reconstitute the career in terms of the appli-
cant's grade by bringing forward the date of his promo-
tions to Grades A5 and A4;

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

— annul

the decision of

the appointing authority of 11
December 2003, served on the applicant on 19 December
2003, rejecting his complaint R/474/03;

— 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;

Pleas in law and main arguments:

— order the defendant to pay all the costs.

The applicant holds Moroccan and Spanish citizenships and
resides in Morocco. By the present action he seeks compensa-
tion for the non-material loss he alleges he has suffered because
his ex-wife has left Morocco with their two children, thereby
depriving him of his visitation rights with his children. The
applicant's ex-wife allegedly went to Sudan to join a Commis-
sion official who provided her with an invitation from the
European Union delegation in Sudan in order to enable her to
obtain a visa.

The applicant also alleges that the agent in question signed his
children's school reports on several occasions, thereby wrong-
fully assuming the applicant's identity.

Action brought on 28 March 2004 by Patrick Rousseaux
against the Commission of the European Communities

(Case T-125/04)

(2004/C 118/106)

(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 28 March 2004 by Patrick Rous-
seaux, resident
in Brussels, represented by Nicolas Lhoëst,
lawyer, with an address for service in Luxembourg.

Pleas and main arguments

The applicant in these proceedings who, on his recruitment in
October 1986, was classified in Grade A7, step 3, challenges
the decision of the appointing authority classifying him, on
revision, in Grade A6, step 2, and not in Grade A6, 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

In support of his claims he asserts:

— on seniority in terms of step as at the date of recruitment,
infringement of the Commission Decision of 6 June 1973
and 1 September 1983 on the criteria applicable to the
appointment to grade and step classification on recruit-
ment, infringement of Article 4(3) of the Staff Regulations
and the principles of equal treatment, as well as breach of
the duty to provide a statement of reasons;

— in regard to the refusal

to reconstitute the applicant's
infringement of Article 5(3) and 45 of the Staff

career,
Regulations;

— infringement of Article 62 of the Staff Regulations in regard
the decision

the pecuniary effects of

to limitation of
concerning his classification.