Case T-198/04: Action brought on 28 May 2004 by José Félix Merladet against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, professional career, report, staff assessment

C 262/28

EN

Official Journal of the European Union

23.10.2004

Action brought on 28 May 2004 by José Félix Merladet
against the Commission of the European Communities

(Case T-198/04)

(2004/C 262/54)

(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 28 May 2004 by José Félix
Merladet, resident
in Overijse (Belgium), represented by N.
Lhoëst, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare void the applicant's career development report for

the period from 1 June 2001 to 31 December 2003;

— annul the express decision of the appointing authority of

12 February 2004 rejecting the applicant's complaint;

Kingdom, Hugo Charlton, London, United Kingdom, Roger
Tomkins, Droucha, Cyprus, Mark Thomas, London, United
Kingdom, Hugo Van Rompaye, Geel, Belguim and Jean Paul
Nunez, Montpellier, France, represented by Mr M. Muller, Mr E.
Grieves and Ms C. Vine Barristers and Ms G. Pierce Solicitor.

The applicant claims that the Court should:

— annul the part of the Council Decision 2004/306/EC of 2
April 2004 proscribing KONGRA-GEL as an alias of the
PKK and Regulation 2508/2001;

— alternatively declare Regulation 2508/2001 illegal

in

respect of its application to the applicants;

— to take such further action as the Court may in its wisdom

deem appropriate;

— order the Council to pay the costs incurred by the appli-

cants in the present proceedings;

— order the Council to pay damages.

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments:

In support of his action, the applicant relies on an irregularity
in the assessment procedure. During the reference period, the
applicant worked in the Commission's Delegations in New
Delhi (India) and in Maputo (Mozambique) under various line
managers. The applicant submits that the career development
review fails to give due weight to the assessments of those
managers for whom he worked longer than a month.

The applicants allege that in taking its decision to proscribe
KONGRA-GEL as an alias of the PKK, the Council acted in
breach of the EC Treaty both in respect of substance and proce-
dure.

The applicants submit that the Council substantively breached
the EC Treaty by virtue of the following:

— Failure to apply accessible, objective criteria to the correct

The applicant also relies on a manifest error of assessment and
failure to state reasons.

facts;

— failure to respect fundamental rights including rights to
freedom of expression and association protected under Arti-
cles 10 and 11 of the European Convention on Human
Rights;

— breach of principles of Community law such as proportion-
ality, certainty, equality and the right to a fair hearing;

— missuse of power.

Furthermore, the applicants submit that the Council breached
the EC Treaty in respect of the procedure in the following
ways:

— by failing to afford the applicants an opportunity to make
representations prior to the proscription and/or to provide
the applicants a fair hearing an/or an effective remedy by
which to challenge the factual assertions relied upon by the
Council, within the meaning of Articles 6 and 13 of the
European Convention on Human Rights;

— by failing to provide accurate or adequate reasons as to the

legal and factual basis of its decision.

Action brought on 25 June 2004 by Zubeyir Aydar on
behalf of Kongra-Gel and 10 others against the Council of
the European Union

(Case T-253/04)

(2004/C 262/55)

(Language of the case: English)

An action against the Council of the European Union was
brought before the Court of First Instance of the European
Communities on 25 June 2004 by Zubeyir Aydar, Fribourg,
Switzerland, Haydar Isik, Maisoich, Germany, Kazim Baba,
Berlin, Germany, George Aryo, Oldenzaal, Holland, Sait Uzun,
Egg/Flaw, Switzerland, Lord Nicholas Rea, London, United