Case T-102/04: Actionbrought on 8 March 2004 by David Cornwell againstthe Commission of the European Communities
Date: 2004-04-30
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, appointment of staff, regulations for civil servants

C 106/84

EN

Official Journal of the European Union

30.4.2004

In support of his claims, the applicant alleges, first, infringe-
ment of Articles 4, 27, 29, 30 and 31 of and Annex III to the
Staff Regulations, disregard for the interests of the service,
breach of the competition notice and of the duty to have
regard for the welfare of officials and infringement of Article 1
of Decision 2002/621/EC of the Secretaries General of the
Community Institutions inasmuch as two of
the successful
candidates whose names appear on the reserve list and who are
officials are already in Grade A7/A6 and thus occupy posts as
economists in that career bracket.

He further alleges:

— breach of the principle of non-discrimination, in particular
inasmuch as the selection board did not apply assessment
criteria consistently, so that the applicant did not have the
same conditions applied to him as were applied to the
other candidates;

— manifest error of assessment in the present case;

— disregard for the principle of sound administration and
infringement of Article 30 of the Staff Regulations and
Article 3 of the Annex thereto, inasmuch as the board were
not qualified to assess the tests objectively.

The applicant also alleges irregularity in the conduct of the
procedure, misuse of powers and lack of powers and breach of
the principle of non-retrospectivity.

Action brought on 15 March 2004 by Carlos Martinez-
Mongay against Commission of the European Commu-
nities

(Case T-101/04)

(2004/C 106/164)

— order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied
upon in Case T-402/03 Katalagarianakis v Commission (OJ 2004
C 35, p. 17).

Action brought on 8 March 2004 by David Cornwell
against the Commission of the European Communities

(Case T-102/04)

(2004/C 106/165)

(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 8 March 2004 by David Cornwell,
represented by Sébastien
residing in Kraainem (Belgium),
Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal,
avocats, with an address for service in Luxembourg.

The applicant claims that the Court should:

— Annul the contested decision in so far as it revises and fixes
his classification at Grade A4, step 4, on 1 August 2000
and at Grade A4, step 5, on 16 March 2003, and in so far
as the financial effects of that decision are limited to the
date of 5 October 1995;

— Order the defendant to pay the costs of the proceedings.

(Language of the case: French)

Pleas in law and main arguments:

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 March 2004 by Carlos Martinez-
Mongay, residing in Brussels, represented by Sébastien Orlandi,
Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers.

The applicant is challenging the decision of 14 April 2003 by
the appointing authority revising and fixing his recruitment
classification at Grade A5, step 3, on 1 May 1992, revising and
fixing his subsequent classification at Grade A4, step 4, on 1
August 2000, and at Grade A4, step 5, on 16 March 2003,
and limiting the financial effects thereof to 5 October 1995.

The applicant claims that the Court should:

— annul the contested decision in so far as it sets the classifi-
cation on recruitment of the applicant at the second step in
Grade 6 and reviews and sets at 1 April 2000 his classifica-
tion in Grade A5, step 3 and in so far as it limits its
pecuniary effects to 5 October 1995;

The pleas in law and arguments submitted are similar to those
in Case T-402/03 Katalagarianakis v Commission (OJ 2004 C 35,
p. 17).