Case T-249/04: Action brought on 21 June 2004 by Philippe Combescot against the Commission of the European Communities
Date: 2004-08-28
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, indemnification, mental stress, professional career, psychological harassment, regulations for civil servants, report, staff assessment

28.8.2004

EN

Official Journal of the European Union

C 217/33

the block of

According to the applicant, the creation of an intermediate
shares currently
structure, Ainax, preserves
controlled by Volvo rather then dispersing it amongst
the
shareholders of Volvo. The applicant furthermore submits that
because Renault has an approximate 20 % shareholding in
Volvo, Renault controls approximately 20 % of Ainax which in
turn controls approximately 25 % of Scania. The applicant
therefore submits that the divestment structure grants Renault,
and Volvo indirectly, a substantial influence over the applicant
and a privileged inside knowledge of
its business secrets.
According to the applicant, it is therefore not able to act as an
independent alternative to the Volvo/Renault VI group.

the form of threats, intimidation and personal and professional
humiliation during the period in which the applicant was a
resident adviser to the Commission's Delegation to Guatemala.
The conduct in question amounted to discrimination which
damaged his professional
life and had serious effects on his
state of health.

The refusal to accede to the application for assistance within
the meaning of Article 24 of the Staff Regulations should there-
fore be regarded as unlawful. The CDR for the period in ques-
tion should also be regarded as unlawful.

(1) Commission Decision of 1 September 2000 declaring a concentra-
tion to be compatible with the common market (Case No IV/
M.1980 - 3* VOLVO/RENAULT V.I.) according to Council Regu-
lation (EEC) No 4064/89 (OJ C 301, p. 23).

(2) Council Regulation (EEC) No 4064/89 of 21 December 1989 on
the control of concentrations between undertakings (OJ 1990 L
257, p. 13).

Action brought on 21 June 2004 by Philippe Combescot
against the Commission of the European Communities

Action brought on 21 June 2004 by Philippe Combescot
against the Commission of the European Communities

(Case T-249/04)

(2004/C 217/59)

(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 21 June 2004 by Philippe
Combescot, represented by Alberto Maritati and Viola Messa,
lawyers.

The applicant claims that the Court should:

— declare that the conduct of Mr Combescot's superiors and
its effect on his professional life, career and therefore on his
state of health is absolutely unlawful and, in consequence
recognise the right to assistance laid down by Article 24 of
the Staff Regulations;

— declare the career development report (CDR) to be unlawful
as a result of the serious and irremediable enmity between
the applicant and his hierarchical superior;

— recognise Mr Cambescot's entitlement to compensation for
loss sustained, both for non-material damage and in respect
of his professional life and career, to be assessed in a sum
not less than EUR 1 000.

(Case T-250/04)

(2004/C 217/60)

(Language of the case: French)

An action was a brought before the Court of First Instance of
the European Communities on 21 June 2004 against
the
Commission of
the European Communities by Philippe
Combescot, represented by Alberto Maritati and Viola Messa,
lawyers.

The applicant claims that Court of First Instance should:

— declare illegal the decision rejecting his application to take
part in the competition for appointment to the post of
Head of Delegation in Colombia covered by the vacancy
notice of 28 May 2003 (COM/091/03); accordingly, declare
the entire competition procedure and the consequent deci-
sion making an appointment to the post to which it related
void;
suffered
damage to his image and professional reputation, and that
the illegal decision excluding him from the competition has
had serious adverse effects on the balance of his mind; and
award him the sum of EUR 100 000.00 as compensation
for damage.

recognise that Philippe Combescot has

Pleas and main arguments adduced in support

takes exception to the defendant's refusal

The applicant
to
admit to the competition procedure his application for the
vacant post of Head of Delegation for Colombia.

In support, the applicant alleges:

Pleas in law and main arguments:

The applicant in the present case alleges that he suffered as a
result of the conduct of his immediate hierarchical superior in

— infringement of the terms of the vacancy notice, in that the
reason for which his application was purportedly refused
(the fact that he had not had two years' experience as a
Head of Unit) was not provided for in the said vacancy
notice;