Case T-164/04: Action brought on 10 May 2004 by Patricia Wauthier and Viviane Deveen against Commission of the European Communities
Date: 2004-07-24
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), allowances and expenses, professional career, staff assessment

C 190/18

EN

Official Journal of the European Union

24.7.2004

Action brought on 13 April 2004 by Antonietta Camurato
the European
Carfagno against

the Commission of

particularly given the requirement that there be an average
mark of 14/20.

Communities

(Case T-143/04)

The applicant further alleges:

— a manifest error of assessment;

(2004/C 190/29)

— an infringement of the principle of equal treatment; and

— an infringement of the obligation to state reasons.

(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 13 April 2004 by Antonietta
in Braine-L'Alleud (Belgium),
Camurato Carfagno,
represented by Carlos Mourato, lawyer.

resident

The applicant claims that the Court should:

— annul the decision of the Appeal Assessor of 9 April 2003
relating to the applicant's career development report (CDR)
for the period from 1 July 2001 to 31 December 2002;

— annul the express decision of the Appointing Authority of
11 December 2003 rejecting the applicant's complaint (R/
353/03);

— take formal note that the applicant reserves the right to
advance an additional plea alleging misuse of powers on
the part of the assessors and the Appointing Authority;

— order the defendant to pay the costs of the proceedings and
the expenses necessarily incurred for the purposes of the
proceedings, and in particular the expenses of retaining an
address for service, travel and subsistence expenses and the
fees and expenses of lawyers.

Pleas in law and main arguments:

Action brought on 10 May 2004 by Patricia Wauthier and
the European
Viviane Deveen against Commission of

Communities

(Case T-164/04)

(2004/C 190/30)

(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 10 May 2004 by Patricia Wauthier
and Viviane Deveen, residing in Belgium, represented by G.
Bounéou and F. Frabetti, lawyers, with an address for service in
Luxembourg.

The applicants claim that the Court should:

— Annul the 2001-2002 appraisal exercise in relation to the

applicants;

— Alternatively, annul

the applicants' career development

reviews (REC/CDR) for the period 1.7.2001 – 31.12.2002;

The applicant challenges her career development report (CDR)
for the period from 1 July 2001 to 31 December 2002.

— Decide as to costs, expenses and fees and order

the

Commission of the European Communities to pay them.

In support of her application, the applicant submits that the
assessments set out in her CDR are manifestly flawed having
regard to several acts and events which took place during and
after the period of reference and to comments made by the
assessor and countersigning officer which contradict the mark
given and its meaning. The applicant further considers that the
CDR infringes Article 43 of the Staff Regulations in that the
new system of assessment can result in the under-assessment of
officials, as the applicant considers has occurred in her case,

Pleas in law and main arguments:

The pleas in law and main arguments relied upon by the appli-
cants in this case are the same as those relied upon by the
applicants in Cases T-43/04 and T-47/04.