Case T-175/04: Action brought on 7 May 2004 by Mr Donal Gordon against the Commission of the European Communities
Date: 2004-07-10
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), indemnification, personnel administration, professional career, regulations for civil servants, report, staff assessment

10.7.2004

EN

Official Journal of the European Union

C 179/17

Pleas in law and main arguments:

The contested regulation was adopted by the Council
in an
effort to comply with the judgment of the Court of Justice of
the European Communities of 9 January 2003 in case C-76/00
P. This judgment set aside the judgment of the Court of First
Instance of 15 December 1999 in Joined Cases T-33/98 and T-
34/98 Petrotub and Republica v. Council (2) and annulled
Council Regulation (EC) No. 2320/1997 of 17 November 1997
imposing definitive anti-dumping duties on imports of certain
seamless pipes and tubes of iron or non-alloy steel in so far as
it concerned Petrotub S.A. and Republica S.A.

In support of its application the applicant submits that the
Council has exceeded its discretionary power under Article 233
EC by implementing the judgment in a way that infringes Arti-
cles 6 paragraphs 1 and 9 and 2 paragraph 11 of Regulation
(EC) No 384/96 (3). More particularly, the applicant contends
that Article 6 paragraph 9 was infringed since the contested
regulation was adopted on the basis of the initial investigation
even though more than 15 months had elapsed since its initia-
tion. Further, Article 6 paragraph 1 was infringed in that the
anti-dumping measures adopted were no longer based on infor-
mation relating to a period of at least six months immediately
to the initiation of proceedings. The applicant also
prior
the contested regulation does not contain
contends
adequate motivation as to why the first two methods of calcula-
tion of the dumping margin, provided for in Article 2 para-
graph 11 of Regulation No 384/96, were rejected in favour of
the third method. On this basis the applicant claims that the
contested regulation also infringed Article 2 paragraph 11 of
Regulation No 384/1996 as well as Article 253 EC.

that

(1) OJ L 40, 12.2.2004, p. 12.
(2) [1999] ECR-II 3837.
(3) OJ L 56 , 6.3.1996, p. 1.

Action brought on 7 May 2004 by Mr Donal Gordon
against the Commission of the European Communities

(Case T-175/04)

(2004/C 179/33)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 7 May 2004 by Mr Donal Gordon,
Brussels, Belguim, represented by Mr M. Byrne, Solicitor.

The applicant claims that the Court should:

— annul the appointing authority's Decision in response to

the applicant's complaint R/402/03;

— declare the Commission Decision of 26 April 2002 on
general provisions for implementing Article 43 of the Staff
regulations or the relevant current measure invalid to the
extent that reports are finalised before all appeals of the
same grade in the same unit have been processed;

— declare Administrative Notice 99-2002 of 3 December
2002 or the relevant current measure invalid to the extent
that it sets a target average mark;

— award the applicant damages in compensation for the mate-
rial damage to his career prospects, to his morale and to his
health;

— order the Commission to pay all the costs of the present

action.

Pleas in law and main arguments:

In support of his conclusions, the applicant submits in the first
place a breach of an essential procedural requirement and the
rights of defence in that the countersigning officer failed to
have a dialogue with the official within 5 working days as
required by Article 7(5) of Commission Decision of 26 April
2002 on general provisions for implementing Article 43 of the
Staff Regulations.

The applicant also invokes a manifest error of assessment by
the countersigning officer in signing the applicant's career
development report, having regard to the anomalous and
contradictory data available to him. The applicant furthermore
invokes a misuse of powers because of his failing to take any
steps to correct such manifest error of assessment.

The applicant finally invokes a breach of an essential proce-
dural requirement and the rights of defence in that the internal
appeal system set in place by Commission Decision of 26 April
2002 was rendered inherently ineffective by the fact that by
the time an appeal was launched, the other reports in the same
unit, to which the appealed report was linked by an average
mark, had been irrevocably validated, and by the limited
number of points set aside to cover appeals.

Action brought on 13 May 2004 by Luigi Marcuccio
against Commission of the European Communities

(Case T-176/04)

(2004/C 179/34)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 13 May 2004 by Luigi Marcuccio,
represented by Alessandro Distante, lawyer.