Case T-226/05: Action brought on 14 June 2005 by Dimitra Lantzoni against the Court of Justice of the European Communities
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: Court of Justice of the European Union, European official, action by staff, professional career, promotion, staff assessment

C 205/28

EN

Official Journal of the European Union

20.8.2005

Action brought on 17 June 2005 by Guido Strack against
the Commission of the European Communities

(Case T-225/05)

(2005/C 205/50)

(Language of the case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 June 2005 by Guido Strack,
residing in Cologne (Germany), represented by J. Mosar, lawyer,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— take cognisance of the application lodged by the applicant

under Article 91 of the Staff Regulations;

— declare the application to be admissible and well-founded;

— set aside the defendant's decision of 22 March 2005

rejecting the appeal;

— set aside the defendant's decision of 19 November 2003

rejecting the application for the post;

— set aside competition procedure COM/A/057/04;

— order the defendant to pay damages to the applicant in the
the non-material
amount of EUR 5 000 in respect of
damage suffered by him on account of
the unlawfully
implemented selection procedure and the decision to reject
him, which was delayed and notified to him only after
repeated requests;

— order the Commission to pay all of the costs.

Pleas in law and main arguments

The applicant took part in selection procedure COM/A/057/04.
By letter of 19 November 2004 the defendant informed the
applicant that his application had not been considered. The
appeal which the applicant made against this decision was
rejected by the European Commission in its decision of 18
March 2005. The present application seeks
to have the
appointing authority's decision of 19 November 2004 in the
form of its appeal decision of 18 March 2005 set aside and
also to have selection procedure COM/A/057/04 set aside.

it

the middle management level (C(2004) 15997, VM 73-2004)
include any member of
as the pre-selection body did not
another Directorate-General. Furthermore,
is claimed that
there is an infringement of Article 11 and Article 22a(3) of the
Staff Regulations of Officials of the European Communities by
reason of the participation of two members of the pre-selection
body in the selection of candidates. Thirdly,
the applicant
submits that Articles 2, 4, 5, 7 and 29 of the Staff Regulations
of Officials of the European Communities have been infringed
as the appointing authority did not choose the most suitable
candidate.
the decision of 19
November 2004 rejecting his candidature infringes Article 25
of the Staff Regulations of Officials of the European Commu-
nities as the justification for it is not given. Lastly, the applicant
submits that there has been a breach of the principle of good
administration under Article 41 of the Charter of fundamental
rights of the European Union and of the duty to have regard
for the welfare of officials as he was not properly informed that
the post had been filled by someone else.

In addition, he claims that

Action brought on 14 June 2005 by Dimitra Lantzoni
against the Court of Justice of the European Communities

(Case T-226/05)

(2005/C 205/51)

(Language of the case: French)

An action against the Court of Justice of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 14 June 2005 by Dimitra Lantzoni,
residing in Luxembourg,
represented by Michèle Bouché,
lawyer.

The applicant claims that the Court should:

— order the Court of Justice to pay EUR 50 000 as compen-
sation for the non-material loss suffered by the applicant as
a result of serious irregularities that have led to the blocking
of her career;

The applicant is relying on five grounds to support his applica-
tion. Firstly he asserts that the selection procedure infringes the
European Commission's Decision of 28 April 2004 regarding

— order the defendant to pay the costs.

20.8.2005

EN

Official Journal of the European Union

C 205/29

Pleas in law and main arguments

Pleas in law and main arguments

On 3 June 2004 the applicant, an official of the Court of
Justice, lodged a claim for compensation for the material and
non-material loss that she alleges she has suffered as a result of
the blocking of her career since the new promotion system was
introduced in 2000. Both that claim and her complaint having
been rejected, the applicant has brought this action. In support
of her heads of claim, she argues that the alleged blocking of
her career, and also the material and non-material loss that she
has allegedly suffered, are due to serious and repeated irregula-
rities and failures to act on the part of the Court's administra-
tion, as regards both her staff reports and the number of
promotion points awarded on that basis.

The applicant was recruited by the Commission as a member
of the temporary staff, for a post for which the level of respon-
sibility had been fixed in the vacancy notice by reference to
Grades A7 to A4, which, according to the new system, are
equivalent to Grades A*8 to A*12. Upon recruitment, however,
the applicant's classification was fixed at Grade A*6.

The applicant contests that decision and relies on the same
pleas in law as the applicant in Case T-196/05.

Action brought on 15 June 2005 by AEPI A.E. against the
Commission of the European Communities

Action brought on 13 June 2005 by Vesselina Ranguelova
against the Commission of the European Communities

(Case T-227/05)

(Case T-229/05)

(2005/C 205/53)

(2005/C 205/52)

(Language of the case: Greek)

(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 13 June 2005 by Vesselina Rangue-
lova, residing in Bergen (Netherlands), represented by Sébastien
Orlandi, Xavier Martin, 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 her classification in

Grade A*6;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 15 June 2005 by Elliniki Etairia
pros Prostasian tis Pnevmatikis Idioktisias, a company estab-
lished in Maroussi, Attica, represented by T. Asprogerakas-
Grivas, lawyer.

The applicant claims that the Court should:

— annul the contested measure of the European Commission
as unlawful and declare that the entire policy applied by the
companies complained of, which manage related rights,
infringes Community law;

— uphold in its entirety the applicant's complaint under refer-
the

2001/4372,56(2001)A/3603/2

rejected

by

ence
contested measure;

2. order the defendant to pay the costs.

— order the European Commission to pay the costs of the

proceedings and the fees of the applicant's lawyer.