Case T-379/04: Action brought on 17 September 2004 by J against the Commission of the European Communities
Date: 2004-11-20
Institutions: Court of First Instance
Subjects: European Commission, action by staff, action for annulment (EU), allowances and expenses, redemption, regulations for civil servants, servant (EU)

20.11.2004

EN

Official Journal of the European Union

C 284/27

The applicant claims that the Court should:

Pleas in law and main arguments:

— annul the decision of the Court of Auditors, taken in the
promotions exercise 2003 not to promote the applicant to
the grade of translator-reviser (in 2003: LA5).

Pleas in law and main arguments:

In support of his action, the applicant alleges that, during the
promotions exercise in question, the defendant conducted a
comparative examination of
files, without
taking account all of the factors liable to determine its decision,
without regard for impartiality, on an unequal basis, neglecting
the interests of the service and using information which was
not comparable, as it allegedly came from a single reviser
whose professional competence is contested by the applicant.

the candidates'

Action brought on 17 September 2004 by J against the
Commission of the European Communities

(Case T-379/04)

(2004/C 284/53)

(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 17 September 2004 by J, repre-
sented by Carlo Forte, lawyer.

The applicant claims that the Court should:

— annul the Commission's decision of 10 June 2004, rejecting
the applicant's complaints lodged against its decisions of 31
October 2003 and 10 December 2003, whereby, respec-
tively, it refused her the expatriation allowance and installa-
tion allowance and demanded repayment of sums paid to
her in that respect, not acknowledging the applicability of
the last sentence of the second indent of Article 4(1)(a) of
Annex VII, Article 5(1) of Annex VII, and Article 85 of the
Staff Regulations of the European Communities;

— annul the aforesaid decisions of 31 October 2003 and 10

December 2003;

— order such measures as may be appropriate to restore the

applicant's rights, including interest for delay;

— order the Commission to pay the costs.

The applicant, who before accepting a post as a temporary
servant of the Commission with the Directorate General for
Research was employed as a researcher at the Brussels estab-
lishment of the Consiglio Nazionale di Ricerca (CNR), chal-
lenges the Commission's refusal to grant her the expatriation
allowance and the installation allowance.

The Commission's position is based on the argument that the
CNR, which does not form part of the structure of the public
administration, is outside the scope of activity of the Italian
State, of which it represents neither the will nor the direct
interests.

In support of her claims, the applicant first argues misapplica-
tion of the last sentence of the second indent of Article 4(1)(a)
of Annex VII and Article 5(1) of Annex VII of the Staff Regula-
tions, maintaining that her status as a State official should
allow her to be granted the refused allowances. That was also
the interpretation of the Belgian Ministry of Foreign Affairs,
which issued the applicant with a ‘Carte d'identité spéciale’,
describing her as a ‘Fonctionnaire italienne en mission officielle
en Belgique’.

She adds in this respect that the CNR is a legal person under
public law to which the organisation of the State attributes an
area of competence (belonging to the central power), material
resources and an organisational structure, constituted precisely
from public bodies and rules applicable to them.

The applicant also claims to have suffered an infringement of
Article 85 of the Staff Regulations.

Action brought on 20 September 2004 by Gregorio Valero
Jordana against Commission of the European Commu-
nities

(Case T-385/04)

(2004/C 284/54)

(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 20 September 2004 by Gregorio
Valero Jordana, residing in Brussels, represented by Massimo
Merola and Isabelle van Schendel, lawyers.