Case T-252/05: Action brought on 4 July 2005 by Q against the Commission of the European Communities
Date: 2005-09-17
Institutions: Court of First Instance
Subjects: European Commission, action by staff, personnel administration, psychological harassment, regulations for civil servants, staff assessment

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.