Case T-151/04: Action brought on 16 April 2004 by Bernard Nonat against Commission of the European Communities
Date: 2004-06-26
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), professional career, regulations for civil servants, staff assessment

C 168/10

EN

Official Journal of the European Union

26.6.2004

The applicant claims that the Court should:

— Annul the decision of 31 March 2003 definitively adopting
the applicant's career development report for the period
2001/2002;

— Annul the said report;

— Annul the implicit decision to dismiss the applicant's claim,
brought on 24 September 2002 (R/562/03) for annulment
of the contested decision;

— Make an order as to the costs, expenses and fees and
require the Commission of the European Communities to
pay them.

Pleas in law and main arguments

The pleas and principal arguments relied on by the applicants
in this case are identical to those put forward in Cases T-43/04
and T-47/04.

— Order the defendant to pay the applicant damages for non-
material
at
on
EUR 10 000, subject to increase or decrease in the course
of the proceedings;

equitable

grounds

assessed

loss,

— Order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant pleads infringement of
Article 25(2) and Articles 26 to 43 of the Staff Regulations and
the General provisions for implementing Article 43 of the Staff
Regulations, as adopted by the Commission on 26 April 2002.
He also pleads misuse of powers, infringement of general prin-
ciples of law, such as the rights of the defence, the principle of
sound administration and the principle of equal treatment, and
a manifest error of assessment.

Action brought on 26 April 2004 by Imre Czigany, Isabel
Alves, Georgette Henningsen and Michel Lucas against
Commission of the European Communities

(Case T-149/04)

(2004/C 168/18)

(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 April 2004 by Imre Czigany,
residing in Rhode St. Genèse, Belgium, Isabel Alves, residing in
Luxembourg, Georgette Henningsen, residing in Brussels and
Michel Lucas,
represented by Gilles
Bounéou and Frédéric Frabetti,
lawyers, with an address for
service in Luxembourg.

residing in Brussels,

The applicants claim that the Court should:

Action brought on 16 April 2004 by Bernard Nonat
against Commission of the European Communities

(Case T-151/04)

(2004/C 168/19)

(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 16 April 2004 by Bernard Nonat,
residing in Brussels, represented by Sébastien Orlandi, Albert
Coolen, Jean-Nöel Louis and Etienne Marchal, lawyers, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— Annul the decision establishing the final career develop-
ment report for the period from 1 July to 31 December
2002;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant in this case objects to his career development
report, as drawn up for the period from 1 July to 31 December
2002.

In support of his claims, the applicant argues:

— failure to observe the obligation to state reasons;

— infringement of Article 43 of the Staff Regulations and the
transitional measures applicable to the appraisal exercise
2001-2002;

— infringement of Article 5(5)(c) of the General Provisions for

Implementing Article 43 of the Staff Regulations;

— manifest error of assessment;

— infringement of the principle of equal treatment and non-

discrimination;

— Annul the appraisal exercise 2001-2002 in respect of the

applicants;

— lack of consistency between the comments and the mark

awarded.

— Alternatively, annul

the applicants' career development

reports (REC/CDR) for the period 1.7.2001- 31.12.2002;