Case T-293/04: Action brought on 9 July 2004 by Guy Tachelet against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: European Commission, action by staff, assistant, professional career, promotion, seniority, staff assessment

23.10.2004

EN

Official Journal of the European Union

C 262/37

Action brought on 9 July 2004 by Guy Tachelet against
the Commission of the European Communities

— as regards the refusal to reconstitute the applicant's career,
breach of Article 5(3) and Article 45 of the Staff Regula-
tions.

(Case T-293/04)

(2004/C 262/70)

(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 9 July 2004 by Guy Tachelet,
residing in Rijmenam (Belgium), represented by N. Lhöest,
lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the appointing authority's decision of 2 September

2003, in that:

— the Commission did not grant the applicant additional
seniority of 48 months at the time of his recruitment;

— the Commission did not reconstitute the applicant's
career by bringing forward the date of his promotion to
grade B3 and, if applicable, a promotion to grade B2
(now B*8);

— the Commission did not consider

the comparative
merits of
the persons concerned for the promotion
exercises as from which the applicant became eligible
for promotion to grade B3;

— in so far as necessary, annul the appointing authority's
express decision of 16 March 2004 rejecting the applicant's
complaint (R/714/03);

— order the defendant to pay compensation fixed provision-
ally at EUR 125,000 in the unlikely event that it should be
unable to reconstitute the applicant's career in grade;

— order the defendant to pay all the costs of the proceedings.

Pleas in law and main arguments:

The applicant, who had been classified in grade B5, step 3, on
recruitment in October 1995, objects to the appointing author-
ity's decision to fix that classification, upon review, at grade B4,
step 2, and not at grade B4, step 3, not to reconstitute his
career and not
the
persons concerned for the promotion exercises as from which
he was eligible for promotion to grade B3.

to consider the comparative merits of

In support of his claims, the applicant alleges:

— as regards seniority on the date of recruitment,

infringe-
ment of the Commission's decisions of 6 June 1973 and 1
September 1983 on the criteria applicable to appointment
in grade and to classification in step on recruitment, breach
of Article 5(3) of the Staff Regulations and of the principle
of equality and also breach of the duty to state the reasons
for decisions;

Action brought on 23 July 2004 by Internationaler Hilfs-
the European
fonds e.V. against

the Commission of

Communities

(Case T-294/04)

(2004/C 262/71)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 23 July 2004 by Internationaler
Hilfsfonds e.V., Rosbach (Germany), represented by H. Kalte-
necker, lawyer.

The applicant claims that the Court should:

— order the defendant to pay the applicant EUR 54 037.00
on account of material damage suffered by the applicant
through conduct by Commission servants in breach of their
official duty, and order the Commission to pay the costs.

Pleas in law and main arguments:

The claimant
working in the humanitarian area.

is a German non-governmental organisation,

The applicant maintains that in Case T-321/01 (1), concerning
the rejection of two applications by the applicant for co-finan-
cing, the Court of First Instance recognised that the Commis-
sion's conduct was deficient and annulled the corresponding
in the pre-
Commission decision. The applicant argues that,
judicial proceedings before the European Ombudsman,
it
incurred substantial costs, the recoverability of which the Court
of First Instance did not acknowledge under its Rules of Proce-
dure in the context of Case T-321/01. The applicant therefore
sees no alternative to bringing an action against the Commis-
sion for non-contractual liablity in accordance with the second
paragraph of Article 288 EC.

(1) Judgment of 18.9.2003 in Case T-321/01 Internationaler Hilfsfonds

v Commission, not yet published in the ECR.