Case T-253/05: Action brought on 4 July 2005 by José Fernandez Tunon against the Commission of the European Communities
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, action by staff, contract staff, equal treatment, personnel administration, servant (EU)

17.9.2005

EN

Official Journal of the European Union

C 229/25

Pleas in law and main arguments

The applicant contests the Commission's decision to recruit
him at Grade B*4 instead of B3 (B*7) as stated in the Commis-
sion's initial offer of recruitment. He relies on infringement of
pacta sunt servanda, the Commission having unilaterally altered
an essential component of his contract of employment.

3. hold the European Community non-contractually liable on
account of the contested decision and the drawing up of the
applicant's Career Development Report;

4. award the applicant compensation in the amount of

EUR 250 000 for damage suffered;

5. order the Commission to pay the costs.

The applicant also claims infringement of the principles of
equal
treatment, non-discrimination, and the protection of
legitimate expectations, and an infringement of the call for
applications.

Pleas in law and main arguments

The applicant, an official at the Commission, claims to be a
victim of bullying by her superiors which consisted of isolating
her professionally, discrediting her and damaging her health by
psychologically destabilising her.

By these proceedings she challenges, first, the Commission's
implied refusal of her request for assistance and protection
from bullying pursuant to Article 24 of the Staff Regulations
and, second, her Career Development Report for the period
from 1 January 2003 to 31 December 2003.

The applicant also claims an infringement of Article 24 of the
Staff Regulations, together with infringement of the duty to
render assistance, the duty of sound administration and the
duty to pay due regard to the welfare of employees.

As regards the Career Development Report, she claims manifest
errors of assessment and an infringement of procedural rules.

Action brought on 4 July 2005 by Q against the Commis-
sion of the European Communities

(Case T-252/05)

(2005/C 229/55)

(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 4 July 2005 by Q, residing in Brus-
sels, represented by Stéphane Rodrigues and Yola Minatchy,
lawyers.

The applicant claims that the Court should:

1. to the extent necessary, annul the decision of 29 March
2005 by which the Commission dismissed the applicant's
complaint, brought on 29 November 2004, against the its
implied refusals of the request of 29 April 2004, pursuant
to Article 24 of the Staff Regulations, for assistance and
protection from bullying and claim for damages, and the
requests for the adoption of immediate preventive measures
of 7 May 2004 and 24 May 2004;

Action brought on 4 July 2005 by José Fernandez Tunon
against the Commission of the European Communities

(Case T-253/05)

(2005/C 229/56)

(Language of the case: French)

2. annul the Commission's decision of 4 May 2005 in reply to
the applicant's claim of 20 December 2004 and the Career
Development Report in respect of the applicant for the
period from 1 January 2003 to 31 December 2003;

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 4 July 2005 by José Fernandez
Tunon, resident in Beersel (Belgium), represented Lucas Vogel,
lawyer.

C 229/26

EN

Official Journal of the European Union

17.9.2005

The applicant claims that the Court should:

— annul the decision adopted by the Authority Responsible
for Concluding Contracts of Employment on 21 March
2005 (notified on 22 March 2005 and received on 24
March 2005) by which it dismissed the applicant's applica-
tion of 23 November 2004, reclassified as a claim, against
the decision fixing the grade and remuneration determined
for the applicant in his capacity as contract staff under the
terms of the contract signed on 23 August 2004;

— in so far as necessary, annul also the original decision, by
which the grade and remuneration were fixed for the appli-
cant in his capacity as contract staff under the terms of the
contract signed on 23 August 2004;

— order

the defendant

to pay EUR 25 000 by way of
damages, subject to an increase or decrease or further speci-
fications;

— infringement of the principle of non-discrimination, in that,
because of the contested decision, the applicant has been
required to perform the same functions as those to which
he been assigned earlier, for much lower remuneration and
in a context of total uncertainty, whereas identical functions
are performed within the Commission by Community offi-
cials enjoying the benefits of the Staff Regulations, a high
degree of security of employment and considerably higher
remuneration.

Action brought on 6 July 2005 by Fachvereinigung Mine-
ralfaserindustrie e.V. Deutsche Gruppe der EURIMA —
European Insulation Manufacturers Association against the
Commission of the European Communities

— order the defendant to pay the costs.

(Case T-254/05)

(2005/C 229/57)

Pleas in law and main arguments

(Language of the case: German)

formerly of

the auxiliary staff

(Category D,
The applicant,
Group VIII, Grade 4) who, following his appointment as a
member of the contract staff, had his remuneration reduced
whilst his duties remained unchanged, challenges the decision
of the administrative authority fixing his grade and remunera-
tion as a member of the contract staff, in Function Group I,
grade 1, step 1.

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 6 July 2005 by Fachvereinigung
Mineralfaserindustrie e.V. Deutsche Gruppe der EURIMA —
(Germany),
European Insulation Manufacturers, Düsseldorf
represented by T. Schmidt-Kötters, lawyer.

The applicant puts forward the following pleas in law in
support of his application:

The applicant claims that the Court should:

— infringement of Articles 3a(1)(a) and Article 80(2) and (3)
of the Staff Regulations of Officials and the Conditions of
Employment of Other Servants of the European Commu-
nities (CEOS) and a manifest error of assessment in that the
applicant, at the time of his appointment as a member of
the contract staff, was graded in a function group which is
not commensurate with the description of his qualifications
or the actual tasks to which he is assigned;

— infringement of Article 80(3) of the CEOS in the procedure
followed to select posts likely to be filled by contract staff
and to define the function groups to which those posts
would be assigned, in that that work was carried out by a
task force, the composition and method of operation of
which have not been disclosed and cannot be verified,
whereas the Staff Regulations require that the Staff Regula-
tions Committee be consulted;

— annul the Commission's decision of 11 February 2005 on
State aid N 260b/2004 — Germany — Extension of the
support programme on insulating material from renewable
raw materials (State aid N 694/2002 — Germany);

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant objects to the Commission's decision of 11
February 2005 in Case C(2005) 379 on State aid N 260/b/
2004 — Germany. In the contested decision the Commission
considered the extension of the support programme on insu-
lating material from renewable raw materials (State aid N 694/
2002) to be compatible with the EC Treaty.