Case T-232/05: Action brought on 15 June 2005 by Trevor Hutchings against the Commission of the European Communities
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, equal treatment, recruitment, regulations for civil servants

C 229/24

EN

Official Journal of the European Union

17.9.2005

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers,
with an address for service in Luxembourg.

of 5 July 2005

The applicant claims that the Court should:

in Case T-117/05 R: Andreas Rodenbröker v Commission
of the European Communities

1. annul the decision appointing the applicant as an official of
the European Communities insofar as it fixes his grade on
recruitment by application of Article 12 of Annex XIII to
the Staff Regulations;

(Application for interim measures — Application for suspen-
sion of operation of a measure — Directive 92/43/EEC —
Urgency — None)

2. order the defendant to pay the costs.

(2005/C 229/52)

Pleas in law and main arguments

(Language of the case: German)

In Case T-117/05 R: Andreas Rodenbröker,
residing in
Hövelhof (Germany), and the 81 other applicants whose names
are set out in an annex to the order, represented by H. Glatzel,
lawyer, against the Commission of the European Communities
(Agents: M. van Beek and B. Schima, with an address for
service in Luxembourg) — application for
suspension of
further implementation of Commission Decision 2004/813/EC
of 7 December 2004 adopting, pursuant to Council Directive
92/43/EEC, the list of sites of Community importance for the
Atlantic biogeographical region (OJ 2004 L 387, p. 1) — the
President of the Court of First Instance made an order on 5 July
2005, the operative part of which is as follows:

The pleas in law and main arguments raised by the applicant
are identical to those raised in Case T-130/05, Albert-Bousquet
and Others v Commission (1), and certain pleas in law and main
arguments raised are similar to those in Case T-58/05, Centeno
Mediavilla and Others v Commission (2).

(1) OJ C 132, 28.5.2005, p. 31.
(2) OJ C 93, 16.4.2005, p. 38.

1. The application for interim measures is dismissed.

Action brought on 15 June 2005 by Trevor Hutchings
against the Commission of the European Communities

2. The costs are reserved

(Case T-232/05)

(2005/C 229/54)

(Language of the case: French)

Action brought on 13 June 2005 by Javier Maria Vega
Bordell against the European Parliament

(Case T-228/05)

(2005/C 229/53)

(Language of the case: French)

An action against the European Parliament was brought before
the Court of First Instance of the European Communities on 13
June 2005 by Javier Maria Vega Bordell, residing in Brussels
(Belgium), represented by Sébastien Orlandi, Xavier Martin,

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 Trevor Hutchings,
residing in Brussels, represented by Sébastien Orlandi, Xavier
Martin Membiela, 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 the applicant's clas-

sification in Grade B*4/Step 1;

2. order the Commission to pay the costs.

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.