Case T-132/04: Action brought on 2 April 2004 by André Bonnet against Court of Justice of the European Communities
Date: 2004-06-26
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, appeal to the Court (EU), appointment of staff, power to appoint, recruitment

26.6.2004

EN

Official Journal of the European Union

C 168/7

Action brought on 2 April 2004 by André Bonnet against
Court of Justice of the European Communities

failure to state reasons and a breach of
defence.

the rights of

the

(Case T-132/04)

(2004/C 168/12)

(Language of the case: French)

The applicant also alleges a breach of acquired rights, of the
principle of non-retroactivity and of
legal
certainty and also a breach of the principle of respect for
private life and of the principle of political neutrality. Last, the
applicant claims that there has been a misuse of powers.

the principle of

An action against the Court of Justice of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 2 April 2004 by André Bonnet,
residing in Saint Pierre de Vassols (France), represented by
Hervé de Lepinau,
lawyer, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— Annul the decisions of 11 February 2004 and 4 March
2004, and also the decision appointing another person to
the post which should have been filled by the applicant;

— Hold declare that the recruitment of 4 February 2004 is to

take full effect as from 1 March 2004;

— Order the Court of Justice of the European Communities to
pay the applicant
the sum of EUR 100,000 for non-
pecuniary harm and also the sum of EUR 5,000 per month
with effect from 1 March until such time as the applicant
actually takes up his duties;

— In the alternative, should the decision of the Court of First
Instance not make it inevitable that the applicant takes up
his duties, order the Court of Justice to pay the applicant a
total sum of EUR 260,000 plus interest at the statutory
rate as from the date of the present application;

— In any event, order the Court of Justice of the European

Communities to pay the costs.

Pleas in law and main arguments

The applicant applied for the post as lecteur d'arrêts in the
cabinet of the President of the Court of Justice. He claims that
he was chosen following the selection procedure but
that,
following the contested decisions, he was not appointed to the
post.

In support of his action, the applicant claims that the chef de
in connection with the
cabinet was not competent
appointment of a law clerk at the Court. The applicant further
claims that there has been a breach of essential procedural
requirements such as the principle of parallelism of forms, a

to act

Action brought on 8 April 2004 by Kelvin William
the European
Stephens

the Commission of

against

Communities

(Case T-139/04)

(2004/C 168/13)

(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 April 2004 by Kelvin William
Stephens, resident in Brussels, represented by N. Lhoëst, lawyer,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— 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 15 January
2004, served on the applicant on 30 January 2004,
rejecting his complaint R/521/03;

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

— order the defendant to pay all the costs.