Case T-188/05: Action brought on 2 May 2005 by Joël de Bry against the Commission of the European Communities
Date: 2005-07-23
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, report, staff assessment

C 182/40

EN

Official Journal of the European Union

23.7.2005

the applicant submits that

Moreover,
the ground for the
contested decision is unlawful and arbitrary if the refusal of the
Head of Department to retain her is based on adverse assess-
ments made of her in the past.

Finally, the applicant raises pleas of failure to state reasons,
breach of the duty to have regard for the welfare of officials
and of the right to be heard and manifest errors of assessment,
if the refusal of the Head of Department and/or the dismissal
are based on professional failings within the EECA department
or generally.

Action brought on 4 May 2005 by Dypna Mc Sweeney
and Pauline Armstrong against the Commission of the
European Communities

(Case T-184/05)

(2005/C 182/74)

(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 4 May 2005 by Dypna Mc
Sweeney, residing in Brussels, and Pauline Armstrong, residing
in Overijse (Belgium), represented by Sébastien Orlandi, Xavier
Martin, Albert Coolen, Jean Noël Louis and Etienne Marchal,
lawyers, with an address for service in Luxembourg.

The applicants claim that the Court should:

1. annul the decisions of 6 and 7 September 2004 refusing to
admit the applicants to the EPSO/C/11/03 competition tests;

2. order the defendant to pay the costs.

Pleas in law and main arguments

The applicants participated in the EPSO/C/11/03 competition
organised for the purposes of drawing up a reserve list of
English-language secretaries at grade C5/C4. The selection
board in that competition decided to exclude them from the
tests of that competition, on the ground that their diplomas did
not correspond to the level required by the competition notice.

In support of their action, the applicants submit that that deci-
sion infringes the competition notice and stems from a mani-
fest error of assessment.

Action brought on 2 May 2005 by Joël de Bry against the
Commission of the European Communities

(Case T-188/05)

(2005/C 182/75)

(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 2 May 2005 by Joël De Bry,
residing in Woluwé-St-Lambert
represented by
Sébastien Orlandi, Albert Coolen, Jean-Noël Louis and Etienne
Marchal, lawyers, with an address for service in Luxembourg.

(Belgium),

The applicant claims that the Court should:

1. annul the Commission's decision drawing up the applicant's

career development report for 2003.

2. order the defendant to pay a symbolic Euro to be increased

pending proceedings together with costs.

Pleas in law and main arguments

In support of his action, the applicant alleges, first, an objective
conflict of interests on the part of his appraiser who is on the
same grade.

Furthermore, he claims that errors were made in assessing his
merits and argues that there were inconsistencies between the
comments and the marks which he was attributed.

Finally, the applicant alleges infringement of the general provi-
sions implementing Article 43 of the Staff Regulations and the
aims and objectives sought by the establishment of a new
system focused on career development, as well as breach of the
obligation to state reasons,
the defence, and
Article 26 of the Staff Regulations.

the rights of

Action brought on 4 May 2005 by Usinor against the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM)

(Case T-189/05)

(2005/C 182/76)

(Language of the case: French)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 4
May 2005 by Usinor, whose registered office is in Paris, repre-
sented by Patrice de Condé, lawyer.