Case T-294/05: Action brought on 26 July 2005 by Jean-Marc Colombani against the Commission of the European Communities
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, reassignment, regulations for civil servants, special leave

C 229/38

EN

Official Journal of the European Union

17.9.2005

— set out to the Appointment Authority the effects of the
annulment of the contested decisions and, in particular, the
regrading of the applicant at grade A*10, step 4, and that
with retroactive effect from 1 June 2004, the date on which
the appointment decision of 27 October 2004 took effect;

— set out to the Commission the consequences of that annul-
ment, in particular, the annulment of the career develop-
ment report for 2003 for the subsequent period from 15
September 2003 to 31 December 2003, which was drawn
up on the basis of the contested career development report;

— in the alternative, order the Commission to make good the
damage suffered by the applicant as a result of not having
been graded in A*10, step 4, from 1 June 2004, the date
on which the appointment decision of 27 October 2004
took effect;

— order the defendant to pay the entire costs.

— establish the non-contractual liability of the European Com-

munity incurred by virtue of the contested decision;

— award the applicant damages for the harm suffered, particu-
larly in respect of non-pecuniary damage, in the amount of
EUR 3 000;

Pleas in law and main arguments

— order the defendant to pay the entire costs.

The pleas in law and main arguments raised by the applicant
are identical to those raised in Case T-58/05 Centeno Mediavilla
and Others v Commission (1).

Pleas in law and main arguments

(1) OJ C 93 of 16.4.2005, p. 38.

Action brought on 26 July 2005 by Maurizio Caldarone
against the Commission of the European Communities

(Case T-293/05)

(2005/C 229/79)

(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 26 July 2005 by Maurizio
Caldarone, resident in Brussels, represented by Stéphane Rodri-
gues and Alice Jaume, lawyers.

The applicant claims that the Court should:

inconsistency between the assessments of

The applicant, a Commission official, challenges with the
present action his partial career development report for the
period from 1 January 2003 to 21 August 2003, by alleging,
inter alia,
the
appraiser and the co-appraiser, and manifest errors of assess-
ment. He further contends that there has been an infringement
of the duty to give reasons, of the rights of the defence, and of
the principles of good administration and legitimate expecta-
tions.

Action brought on 26 July 2005 by Jean-Marc Colombani
against the Commission of the European Communities

(Case T-294/05)

(2005/C 229/80)

(Language of the case: French)

— set aside the decision of the Appointing Authority of 12
April 2005 answering the applicant's complaint and annul-
ling the career development report drawn up for him for
the period from 1 January 2003 to 21 August 2003;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 26 July 2005 by Jean-Marc Colom-
bani, resident in Brussels, represented by Stéphane Rodrigues
and Yola Minatchy, lawyers.

17.9.2005

EN

Official Journal of the European Union

C 229/39

The applicant claims that the Court should:

Action brought on 1 August 2005 by Document Security
Systems, Inc. against the European Central Bank

— set aside the Commission's decision of 28 September 2004
determining the applicant's reinstatement as of 1 October
2004, and annul the decision of 21 April 2005 by which
the Commission rejected the applicant's complaint brought
on 20 December 2004 and requesting that the effective
date of reinstatement be fixed retroactively as 1 September
2004;

(Case T-295/05)

(2005/C 229/81)

— request the Appointing Authority to give due effect to that
in particular, to fix the effective date of the

annulment,
applicant's reinstatement as 1 September 2004;

(Language of the case: English)

— award the applicant damages in respect of

the harm
suffered, in the suggested amount of EUR 10 000 by way
of material damages and the nominal sum of EUR 1 in
damages for non-material harm;

— order the defendant to pay the entire costs.

Pleas in law and main arguments

An action against the European Central Bank was brought
before the Court of First Instance of the European Communities
on 1 August 2005 by Document Security Systems, Inc., estab-
lished in Rochester, New York (USA), represented by C. Stan-
brook, barrister, H. Sheroton and L. Cohen, solicitors, and B.
Uphoff, lawyer.

The applicant claims that the Court should:

— declare that the ECB has infringed the patent;

The applicant, an official of the Commission, was on leave on
personal grounds until 31 August 2004. Having requested to
be reinstated at the end of his leave he was reinstated within
the DG RELEX by decision of 28 September 2004.

— award damages and interest to be paid by the defendant to
the applicant, such amounts to be assessed by separate
inquiry in respect of the infringing acts;

By the present action, the applicant seeks annulment of the
reinstatement decision in so far as the latter did not reinstate
him with effect from 1 September 2004, the date on which his
leave expired. He submits that several posts corresponding to
his profile were available within the Commission on that date
and that the Commission was thus obliged to reinstate him in
one of those posts in accordance with Article 40 of the Staff
Regulations. He also contends that there has been an infringe-
ment of the Commission's decision of 28 April 2004 on the
detailed arrangements for reinstatement on the ground that the
Commission did not contact him before the end of his leave
and did not, moreover, use the possibility laid down by that
decision, namely that of an additional budgetary post, in order
to reinstate him. Finally, the applicant submits that there has
been an infringement of the principle of good administration
and of the duty of care, and he also claims damages, both
material and non-material, for the harm which he claims to
have suffered.

— award damages in lieu of an injunction in respect of bank-
notes printed for and on behalf of the defendant after the
date of the judgement until expiry of the patent (such
amounts to be assessed by separate inquiry);

— award costs;

— order such further or other relief as the Court shall deter-

mine.

Pleas in law and main arguments

The applicant claims that his European Patent 0 455 750 B1,
entitled ‘Method of making a nonreplicable document’, has
been infringed by the defendant and seeks, in accordance with
Article 288 EC, an award of damages by way of payment of a
reasonable royalty for the use of the invention of the patent.