Case T-204/05: Action brought on 23 May 2003 by Giorgio Lebedef and Others against Commission of the European Communities
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), equal treatment, mother tongue, official language, operating system, software, use of languages

C 193/34

EN

Official Journal of the European Union

6.8.2005

The applicant also claims that Paragraph IX of the competition
notice, as well as Paragraph 2 of the instructions to candidates
are contrary to Articles 2, 4 and 5 of Annex III to the Staff
Regulations, because they prescribe a mandatory electronic
entry procedure which was such as to exclude her candidature.

ware used is available in several languages, infringes the prin-
ciple of non-discrimination, because the complete mastery of
the computer necessitates a knowledge, no less complete, of
the English language, superior to the level which can reason-
ably be expected of a European official who is not anglophone
by birth.

Action brought on 23 May 2003 by Giorgio Lebedef and
Others against Commission of the European Communities

The applicants also rely on alleged infringements of the duty to
have regard for the welfare of officials, of the prohibition of
arbitrary procedures and of the duty to state reasons, as well as
an alleged misuse of powers.

(Case T-204/05)

(2005/C 193/57)

(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 23 May 2005 by Giorgio Lebedef,
residing in Luxembourg, Armand Imbert, residing in Brussels,
Jean-Marie Rousseau, residing in Brussels, and Maria Rosario
represented by G.
residing in Brussels,
Domenech Cobo,
BounØou and F. Frabetti, lawyers, with an address for service in
Luxembourg.

The applicants claim that the Court should:

(cid:1) annul the express rejection, of 12 July 2004, of application
D/393/04 by which the applicants requested that the oper-
ating system and all the software used to operate their
personal computers be made available, by the competent
service, in their mother tongue, or alternatively, in another
official language of the European Union of their choice;

(cid:1) order the Commission to pay the costs.

Pleas in law and main arguments

The applicants, all officials of the Commission, applied to their
superiors for the operating system and all the software used to
operate their personal computers to be made available in their
mother tongue or, alternatively, in another official language of
the European Union of their choice. That application and their
complaints having been rejected, the applicants brought this
action. They claim that the practice of installing the entire
configuration of the computers in English, although the soft-

Action brought on 17 May 2005 by European Dynamics
SA against the Commission of the European Communities

(Case T-205/05)

(2005/C 193/58)

(Language of the case: English)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 May 2005 by European
Dynamics SA, established in Athens (Hellenic Republic), repre-
sented by N. Korogiannakis, lawyer.

The applicant claims that the Court should:

1) annul the decision of the Commission communicated to the
applicant through a letter dated 3 March 2005, to issue a
recovery order for an amount of 59 485 euros against the
applicant related to the (cid:4)eEBO(cid:5) project, the decision of the
Commission communicated to the applicant
through a
letter dated 12 November 2004 by which the Commission
decided to reimburse an amount of labour not exceeding
85 971 euros, as well as the decision of the Commission
communicated to the applicant by letter dated 16 May
2003 to terminate the contract EDC-53007 eEBO/27873:
eContent exposure and business opportunities.

2) order the Commission to pay the applicant’s legal and other
costs and expenses incurred in connection with this applica-
tion.