Case T-503/04: Action brought on 27 December 2004 by José Pedro Pessoa e Costa against the Commission of the European Communities
Date: 2005-03-05
Institutions: Court of First Instance
Subjects: European Commission, European Monitoring Centre for Drugs and Drug Addiction, European official, action by staff, reassignment, regulations for civil servants

5.3.2005

EN

Official Journal of the European Union

C 57/37

The applicant claims that the Court should:

— annul the decision on the award to the applicant of priority
points for the 2003 promotion procedure and the decision
not to include his name on the list of officials promoted to
Grade A5 in that procedure;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant relies, first, on breach of
Articles 5, 7, 26, 43 and 45 of the Staff Regulations, and
breach of the principle of correspondence between the grade
and the post and the principle that officials should have reason-
able career prospects. Secondly, the applicant pleads that no
consideration of the comparative merits of all the officials of
the same grade was carried out on a basis of equality, in breach
of Articles 5, 7, 43 and 45 of the Staff Regulations and of the
principle that officials should have reasonable career prospects.

Action brought on 27 December 2004 by José Pedro
Pessoa e Costa against the Commission of the European
Communities

(Case T-503/04)

(2005/C 57/63)

(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 27 December 2004 by José Pedro
Pessoa e Costa, residing in Brussels, represented by Sébastien
Orlandi, Albert Coolen, Jean-Noël Louis and Etienne Marchal,
lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul

the Commission's decision of 9 October 2003
refusing to transfer him to the European Monitoring Centre
for Drugs and Drug Addiction (EMCDDA);

— order the Commission to pay the costs.

Following that annulment, the defendant took a fresh decision
on the applicant's application and rejected it again by the deci-
sion contested by the present action.

In support of his action, the applicant alleges infringement of
Article 233 EC, of the principle of proportionality and of the
duty to state reasons, as well as an error in law. The applicant
submits that the contested decision merely repeats the argu-
ments put forward in the first decision to reject his application,
which was annulled by the Court, and does not contain any
explanation making it possible to ascertain whether the rejec-
tion of the applicant's application is based on an assessment of
the various interests involved, as was required by the Court in
its judgment. Moreover,
the Commission wrongly took the
view that the applicant's transfer would result in the closure of
the applicant
a disciplinary procedure against him. Finally,
submits that the contested decision is unlawful because the
Commission took on the role of exercising the discretion of the
EMCDDA Selection Board by claiming,
in its reply to his
complaint, that it could not be ruled out that the result of the
EMCDDA's selection procedure would have been different if
the Selection Board had been informed of
the accusations
against the applicant.

(1) Case T-166/02 (OJ C 180 of 27.7.2002, p. 32).
(2) Judgment of the Court of 13 March 2003 (OJ C 124 of 24.5.2003,

p. 20).

Action brought on 29 December 2004 by Navigazione
Libera del Golfo S.p.A. against the Commission of the
European Communities

(Case T-504/04)

(2005/C 57/64)

(Language of the case: Italian)

Pleas in law and main arguments

The applicant, who is a Commission official, applied for a
transfer to the European Monitoring Centre for Drugs and
Drug Addiction (EMCDDA). His application having been
rejected, the applicant brought an action before the Court (1)
the contested measure. (2)
which resulted in annulment of

An action against the European Commission for the annulment
of the decision adopted on 16 March 2004 (1), pursuant to the
first paragraph of Article 88(2) EC and Article 86(2) EC,
relating to the authorisation of the aid scheme paid by Italy to
the public maritime transport undertaking Caremar (Gruppo
Tirrenia) was brought before the Court of First Instance of the
European Communities on 29 December 2004 by Navigazione
Libera del Golfo S.p.A.
(NLG), established in Naples, repre-
sented by S. Ravenna, lawyer.