Case T-222/05: Action brought on 9 June 2005 by Francisco Rossi Ferreras against the Commission of the European Communities
Date: 2005-09-03
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, regulations for civil servants, staff assessment

3.9.2005

EN

Official Journal of the European Union

C 217/45

Action brought on 9 June 2005 by Francisco Rossi
Ferreras against the Commission of the European Commu-
nities

(Case T-222/05)

(2005/C 217/98)

European Communities on 8 June 2005 by CAMAR Srl, estab-
lished in Florence, represented by Wilma Viscardini, Simonetta
Donà and Mariano Paolin,
lawyers, for an order against the
Commission to pay damages in accordance with the criteria
proposed by the applicant or other criteria which the Court
considers more appropriate in the light of the judgment in
Case T-260/97.

(Language of the case: French)

The applicant claims that the Court should:

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 9 June 2005 by Francisco Rossi
represented by Gilles
Ferreras,
Bounéou and Frédéric Frabetti,
lawyers, with an address for
service in Luxembourg.

in Luxembourg,

resident

The applicant claims that the Court should:

— annul the decision of 22 July 2004 confirming the career
development report for the period 1 January 2003 to 31
December 2003 and, as a subsidiary claim, therefore annul
the career development report
for the period 1
January 2003 to 31 December 2003;

(CDR)

— award the applicant the sum, subject to any amendment or
increase, of EUR 100 000 (one hundred thousand euros)
for non-pecuniary damage;

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, a Commission official, challenges his career
development report for the assessment year 2003 by alleging
infringement of Articles 5, 7 and 43 of the Staff Regulations
and a manifest error of assessment. He also claims to be the
victim of harassment at work by his senior.

Action brought on 8 June 2005 by CAMAR Srl against the
Commission of the European Communities

(Case T-223/05)

(2005/C 217/99)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the

— order the European Commission to compensate the appli-
cant for the damage suffered as a result of the unlawful
failure by the Commission to take the measures necessary
within the meaning of Article 30 of Council Regulation No
404/93, as held by the Court in its judgment of 8 June
2000 in Case T-79/96,
in accordance with the criteria
proposed by the applicant or other criteria which the Court
considers more appropriate in the light of the judgment in
Case T-260/97;

— order the Commission to pay the costs.

Pleas in law and main arguments

By the present action, the applicant seeks an order against the
Commission to pay compensation for the damage suffered by
it, already pleaded in Case T-79/96 CAMAR v Commission. (1)

It must be noted that in that case it was held by the Court that
even though the defendant had acted unlawfully and therefore
the action was admissible in so far as the declaration for failure
to act was concerned, the action for compensation was inad-
missible owing to the impossibility, at that time, of quantifying
the extent of the future damage.

The pleas and main arguments are, for the most part, the same
as those relied on in the case cited above and in Case T-457/04
CAMAR v Commission. (2)

(1) Joined Cases T-79/96, T-260/97 and T-117/98 [2000] ECR II-2173.
(2) OJ C 31 of 5.2.2005, p. 28.