Case T-421/04: Action brought on 11 October 2004 by José Antonio Carreira against the European Agency for Safety and Health at Work
Date: 2005-01-08
Institutions: Court of First Instance
Subjects: European Agency for Safety and Health at Work, action by staff, indemnification, servant (EU), temporary employment

8.1.2005

EN

Official Journal of the European Union

C 6/41

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the explicit rejection of 8 July 2004 of the applicant's
complaint, the decision not to draw up an evaluation report
for the period 2001-2002 and the authority's decision not
to include her in the number of officials promoted to Grade
C2 in the promotion year 2003;

— annul the Agency's decision awarding the applicant part
only of the differential allowance mentioned in Article 7(2)
of the Staff Regulations as a result of his being called upon
to occupy a temporary posting between 13 January 2003
and 15 August 2004;

— order the defendant

the sum of
EUR 3 000 by way of compensation for her non-material
damage;

to pay the applicant

— order the defendant to pay the balance of the differential
allowance payable under Article 7(2) of the Staff Regula-
tions;

— order the defendant to pay all the costs.

— order the defendant to pay all the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The applicant, an official of the Commission, took sick leave in
October 2002. She has received an invalidity pension since
the appointing
September 2003.
authority decided not to draw up a staff report for the appli-
cant for the period 2001-2002. She therefore received no merit
or priority points for the promotion year 2003 and her name
was not included in the list of officials promoted to Grade C2.

It was on that basis that

the Staff Regulations and of

The applicant challenges the decisions at issue, pleading infrin-
gement of Article 43 of
the
general provisions implementing that article (decision of the
Commission of 26 April 2002) and of the principles of equal
treatment and proper administration. In that context, the appli-
cant claims that the Commission was not entitled, at the end of
2002 or at the beginning of 2003, to regard the applicant as
less than a year away from retirement for whom
an official
there was no reason to draw up a staff report. Challenging the
decision not to promote her to Grade C2, the applicant alleges
breach of Article 45 of the Staff Regulations and of the princi-
ples of equal treatment and proper administration.

in this case who,

The applicant
like the defendant's legal
adviser, was called upon to occupy temporarily the duties of
the Agency's head of administration, because the holder of that
post was absent on sick leave, challenges the appointing
authority's decision to divide the amount of the differential
allowance between the two persons who filled the temporary
posting. He responded to that decision by stating that he did
not accept that he had worked part-time in replacing the head
of administration and that, in consequence, he was entitled to
the whole of the differential allowance in dispute.

In support of his claims, the applicant alleges infringement of
Article 7(2) of the Staff Regulations, and breach of the princi-
ples of correspondence between the grade and the post, of
non-discrimination and of proportionality.

He also considers that the duty to state the reasons on which
an act is based was not complied with in the circumstances.

Action brought on 11 October 2004 by José Antonio
the European Agency for Safety and
Carreira against

Health at Work

(Case T-421/04)

(2005/C 6/80)

Action brought on 22 October 2004 by Walter Parlante
against the Commission of the European Communities

(Case T-432/04)

(2005/C 6/81)

(Language of the case: French)

(Language of the case: French)

An action against the European Agency for Safety and Health
at Work was brought before the Court of First Instance of the
European Communities on 11 October 2004 by José Antonio
Carreira, residing in Brussels, represented by Georges Vander-
sanden and Laure Levi, lawyers.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 22 October 2004, by Walter
Parlante,
represented by L.
Vogel, lawyer.

residing in Enghien (Belgium),