Case T-236/05: Action brought on 17 June 2005 by Willem Aldershoff against the Commission of the European Communities
Date: 2005-08-20
Institutions: Court of First Instance
Subjects: European Commission, action by staff, professional career, report, staff assessment

C 205/32

EN

Official Journal of the European Union

20.8.2005

The applicant claims that the Court should:

1. annul the decision to appoint the applicant an official of the
European Communities, insofar as it determines his grade of
recruitment in accordance with Article 12 of Annex XIII to
the Staff Regulations;

The applicant then refers to alleged inconsistency between, on
the one hand, the remarks made in the contested report which
demonstrate improvement in that he exceeded his objectives
and, on the other, the marks awarded him which were below
average.

2. order the defendant to pay the costs.

the applicant alleges lack of a relevant statement of

Last,
reasons for the contested decision.

Pleas in law and main arguments

The pleas and main arguments are identical to those raised in
Case T-130/05 Albert-Bousquet and Others v Commission (1).

(1) OJ C 132, 28.5.2005, p. 31.

Action brought on 17 June 2005 by Editions Odile Jacob
SAS against the Commission of the European Commu-
nities

Action brought on 17 June 2005 by Willem Aldershoff
against the Commission of the European Communities

(Case T-236/05)

(2005/C 205/58)

(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 17 June 2005 by Willem
represented by Sébastien
Aldershoff,
Orlandi, Xavier Martin, Albert Coolen,
Jean-Noël Louis and
Etienne Marchal, lawyers, with an address for service in Luxem-
bourg.

residing in Brussels,

The applicant claims that the Court should:

— annul the decision approving his career development report
for the period from 1 January 2003 to 31 December 2003,

(Case T-237/05)

(2005/C 205/59)

(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 17 June 2005 by Editions Odile
Jacob SAS, established in Paris, represented by W. van Weert
and O. Fréget, lawyers.

The applicant claims that the Court should:

1. annul

the contested decision,

in which the Commission
refused to send to the applicant documents which it had
requested, since:

— the Commission did not specifically and individually
examine each of the documents to which the applicant
was seeking access;

— order the defendant to pay the costs.

— the Commission wrongly applied the exceptions under

Article 4(2) of Regulation No 1049/2001;

Pleas in law and main arguments

— the Commission infringed in any event the applicant's

right to partial access to the documents requested;

In support of his action, the applicant alleges manifest error of
assessment on account of the fact that he was not given the
assessment ‘Exceptional’ or ‘Very good’ for his performance,
although he had attained, and even exceeded, his objectives
despite particular problems encountered in this work-place.

— the Commission infringed the principle of proportion-
the exceptions
ality by not balancing application of
under Article 4(2) of Regulation No 1049/2001 with
the higher interest justifying the disclosure of the docu-
ments.