Case C-365/05 P: Appeal brought on 28 September 2005 by Mme Dorte Schmidt-Brown against the Judgment delivered on 5 July 2005 by the Court of First Instance of the European Communities (First Chamber) in case T-387/02 between Dorte Schmidt-Brown and the Commission of the European Communities
Date: 2005-11-12
Institutions: Court of Justice
Subjects: European official, General Court (EU), appeal, legal expenses, regulations for civil servants

12.11.2005

EN

Official Journal of the European Union

C 281/15

Appeal brought on 23 September 2005 by Jacques Wunen-
burger against the judgment delivered on 5 July 2005 by
the Court of First Instance of the European Communities
(First Chamber) in Case T-370/03 Jacques Wunenburger v
Commission of the European Communities

Pleas in law and main arguments:

The grounds of the appeal are, in accordance with Article 58
of the Statute of the Court of Justice, infringement of Com-
munity law and a breach of procedure before the Court of First
Instance which adversely affects the appellant's interests.

(Case C-362/05 P)

(2005/C 281/29)

(Language of the case: French)

An appeal against the judgment delivered on 5 July 2005 by
the Court of First Instance of the European Communities (First
Chamber) in Case T-370/03 Jacques Wunenburger v Commission
of the European Communities was brought before the Court of
Justice of the European Communities on 23 September 2005
by Jacques Wunenburger, represented by Eric Boigelot, avocat.

The appellant claims that the Court should:

— declare the appeal admissible and well founded;

— set aside the judgment of the Court of First Instance of the
European Communities of 5 July 2005 in Case T-370/03
Wunenburger v Commission

The appellant also requests the Court of Justice to give final
judgment on the dispute and, granting the appellant's initial
application in Case T-370/03, to:

— annul the decision made by the appointing authority on 11
March 2003 to reject the appellant's candidature for the
the ‘Sub-Saharan Africa, Caribbean,
post of Director of
Pacific’ Directorate
the
(AIDCO.C),
appointing authority's decision of 8 January 2003 to
appoint Amir NAQVI to that post;

subsequent

to

— annul

the

explicit decision to reject

appellant's
complaint, that complaint having been made under Article
90(2) of the Staff Regulations on 2 April 2003, and rejected
by an explicit decision of 14 July 2003, notified to the
appellant on 11 August 2003;

the

— annul the appointment of Amir NAQVI to the post of
Director of
the ‘Sub-Saharan Africa, Caribbean, Pacific’
Directorate (AIDCO.C), which, inter alia, led to the rejection
of the appellant's candidature for the vacant post;

Appeal brought on 28 September 2005 by Mme Dorte
Schmidt-Brown against the Judgment delivered on 5 July
2005 by the Court of First Instance of the European
Communities (First Chamber) in case T-387/02 between
Dorte Schmidt-Brown and the Commission of the Euro-
pean Communities

(Case C-365/05 P)

(2005/C 281/30)

(Language of the case: French)

An appeal against the judgment delivered on 5 July 2005 by
the Court of First Instance of the European Communities (First
Chamber) in case T-387/02 between Dorte Schmidt-Brown and
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on
28 September 2005 by Mme Dorte Schmidt-Brown, repre-
sented by Sébastien Orlandi, Albert Coolen, Jean-Noël Louis
and Etienne Marchal, lawyers.

The appellant claims that the Court of Justice should:

set aside in its entirety the judgment of the Court of First
Instance (First Chamber) of 5 July 2005 in case T-387/02
(Dorte Schmidt-Brown v the Commission of
the European
Communities);

give a final decision in the case that:

the decision of the Commission of 26 April 2002 rejecting the
for financial assistance to allow her to
applicant's request
recover
the entire costs incurred in defending the action
seeking compensation for non-material, professional and mate-
rial damage suffered as a result of defamatory statements made
against her by Eurogramme Ltd be set aside;

— order the defendant to pay the costs in any event.

order the Commission of the European Communities to pay
the costs of the case at first instance and of the appeal.

C 281/16

EN

Official Journal of the European Union

12.11.2005

Pleas in law and main arguments

The appellant claims that the Court of First Instance acted
unlawfully in considering whether, in the circumstances of the
case, there had been infringement of Article 24 of the Staff
Regulations to the detriment of the appellant without taking
account of the decision made by the Vice-President of the
Commission, Neil Kinnock, upon reviewing the request for aid
and assistance of 15 January 2002, that that particular request
should be granted.

The appellant was notified of that decision by letters dated 16
and 22 May 2003.

In so doing, the Court of First Instance failed to take into
account all the circumstances of the case, and, in particular, the
decisions made by the Commission after the appellant had

brought proceedings before the High Court of Justice (England
and Wales), the measures taken by the Vice-President of the
Commission, Neil Kinnock, after reviewing the merits of the
appellant's request for assistance of 15 January 2002, and the
measures taken by the President of the Commission to restore
the appellant's reputation and dignity both among her collea-
gues within DG Eurostat and within the Budgetary Control
Committee (Cocobu) of the European Parliament.

Further, the Court of First Instance erred in law by confining its
consideration to the applicability of Article 24(1) of the Staff
Regulations, whereas in circumstances such as those of this
case, it should also have considered the legality of the contested
decision in the light of the requirements laid down by Article
24(2) of the Staff Regulations.