Case T-197/05: Action brought on 9 May 2005 by Asa Sundholm against the Commission of the European Communities
Date: 2005-08-06
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, report, staff assessment

6.8.2005

EN

Official Journal of the European Union

C 193/31

Action brought on 9 May 2005 by Jean-FranÅois Vivier
against the Commission of the European Communities

(Case C-T-196/05)

(2005/C 193/51)

European Communities on 9 May 2005 by Asa Sundholm,
residing in Brussels
represented by SØbastien
Orlandi, Xavier Martin Membiela, Albert Coolen and Etienne
Marchal, lawyers, with an address for service in Luxembourg.

(Belgium),

The applicant claims that the Court should:

(Language of the case: French)

1. annul the decision of the Commission establishing the appli-

cant’s Career Development Report for 2003;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 9 May 2005 by Jean-FranÅois
Vivier, residing in Le Petten (Netherlands), represented by
SØbastien Orlandi, Albert Coolen and Etienne Marchal, lawyers,
with an address for service in Luxembourg.

The applicant claims that the Court should:

1. annul the Commission’s decision fixing the applicant’s clas-

sification in grade A*6;

2. order the defendant to pay the costs.

Pleas in law and main arguments

The applicant was recruited by the Commission as a temporary
servant, in a post for which the level of responsibility had been
fixed in the vacancy notice by reference to grades A7 to A4,
which under the new system are equivalent to grades A*8 to
A*12. Upon recruitment, however, his classification was fixed
in grade A*6.

The applicant claims that that decision should be annulled; he
maintains that it fails to take account of Article 9 of the Rules
applicable to other servants, since he was recruited at a grade
below the level of responsibility envisaged for his post. The
applicant further contends that Article 12 of Annex XIII to the
Staff Regulations, on which the Commission relies in order to
justify its decision on classification, does not apply in his case,
as he entered the service after 30 April 2004.

Action brought on 9 May 2005 by Asa Sundholm against
the Commission of the European Communities

(Case T-197/05)

(2005/C 193/52)

(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

2. order the defendant to pay the costs.

Pleas in law and main arguments

In support of her claim, the applicant points out, firstly, the
existence of manifest inconsistencies between the points and
the reporting officer, which constitute a
the comments of
breach of the obligation to give reasons.

The applicant further submits that there is a manifest error of
assessment to the extent that she is criticised for having asked
her hierarchical superiors for details of the way in which she
should complete her work, without their having shown that
those instructions had been previously laid down in such a way
that they did not require clarification.

Finally, the applicant alleges infringement of her defence rights,
submitting that the appeal assessor based his decision on new
factors without affording her the opportunity of stating her
point of view.

Action brought on 18 May 2005 by Laura Gnemmi against
the Commission of the European Communities

(Case T-199/05)

(2005/C 193/53)

(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 18 May 2005 by Laura Gnemmi,
residing in Arona (Italy), represented by Gilles BounØou and
FrØdØric Frabetti, lawyers, with an address for service in Luxem-
bourg.