Case T-374/05: Action brought on  6 October 2005  — Schierhorst v Commission
Date: 2006-01-14
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appointment of staff, personnel administration, regulations for civil servants

14.1.2006

EN

Official Journal of the European Union

C 10/21

Order of the Court of First Instance of 26 October 2005
— Ouariachi v Commission

Application for

(Case T-124/04) (1)

(Action for damages — Non-contractual liability of the Com-
munity — Damage caused by a member of staff in the exer-
cise of his functions — Absence of causal link)

(2006/C 10/41)

Language of the case: French

declaration of failure to act in that the Commission failed to
the
adopt a decision on the applicant's complaint against
French Republic

Operative part of the Order

1. The application is dismissed as manifestly inadmissible.

2. The applicant shall pay the costs.

Parties

(1) OJ C 106 of 30.4.2005

Applicant: Jamal Ouariachi (Rabat, Morocco) (represented by: F.
Blanmailland and C. Verbrouck, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: F. Dintilhac and G. Boudot, Agents)

Application for

damages to compensate for the loss allegedly suffered by the
applicant following the alleged illegal conduct of a member of
staff of the Commission delegation in Khartoum (Sudan)

Operative part of the Order

1. The application is dismissed as being manifestly unfounded.

2. The applicant shall pay the costs.

Parties

Action brought on 6 October 2005 — Schierhorst v
Commission

(Case T-374/05)

(2006/C 10/43)

Language of the case: French

(1) OJ C 118 of 30.4.2004.

Order of the Court of First Instance of 27 October 2005
— GAEC Salat v Commission

(Case T-89/05) (1)

(Action for failure to act — Complaint concerning the
protected designation of origin ‘Salers’ — Regulation (EC)
No 828/2003 — Definition of position by the Commission
— Manifest inadmissibility)

(2006/C 10/42)

Language of the case: French

Parties

Applicant: GAEC Salat
Delpeuch, lawyer)

(Farges, France)

(represented by: F.

Defendant: Commission of the European Communities (repre-
sented by: F. Clotuche-Duvieusart, Agent)

Applicant: Rainer Johannes Schierhorst (Georgetown, Guyana)
(represented by: S. Rodrigues, A. Jaume, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— annul the decision of the Appointing Authority rejecting
the applicant's complaint, taken together with the decision
appointing the applicant adopted by the Appointing
Authority on 5 January 2005, in that it fixes his grade by
application of Article 12(3) of Annex XIII to the Staff Regu-
lations and his step pursuant to the current Article 32 of
the Staff Regulations;

— indicate to the Appointing Authority the effects of annul-
ling the contested decisions, in particular the regrading of
the applicant at grade A*10, step 4, with retrospective
effect from 1 February 2005, the date on which the deci-
sion of 11 October 2004 appointing the applicant took
effect;

— in the alternative, order the Commission to make good the
loss suffered by the applicant because he was not graded at
grade A*10, step 4, from 1 February 2005, the date on
which the decision of 5 January 2005 appointing the appli-
cant took effect;

— order the defendant to pay the costs.

C 10/22

EN

Official Journal of the European Union

14.1.2006

Pleas in law and main arguments

The applicant, who was successful in Open Competition COM/
A/1/02 for administrators of grade A7/A6 in the agricultural
sector, was appointed an official by the contested decision of 5
January 2005. By application of Article 12 of Annex XIII to the
Staff Regulations, he was graded at the new grade A*6, lower
than the former grades A7/A6 which correspond to grades
A*8/A*10 under the new system.

In support of his claims, the applicant relies on the pleas in law
which are identical to those relied on by the applicant in Case
T-207/05 (1).

(1) OJ C 193, 6.8.2005, p. 36.

Action brought on 5 October 2005 — Seegmuller v
Commission

(Case T-377/05)

(2006/C 10/44)

Language of the case: French

Asked by Commission DG RELEX whether she would accept
another delegation, the applicant also agreed to be posted to
Guinea Conakry.

As is the practice, the applicant underwent a medical examina-
tion with a view to her departure for the delegation in Guinea
Conakry. By note of 17 March 2005,
the Commission's
the applicant did not have the
medical officer stated that
required physical aptitudes to carry out her functions in that
delegation. Following that note, DG RELEX informed the appli-
cant that she could not take up the post in Guinea Conakry.
The applicant
that
decision, which was rejected by the contested decision of 5 July
2005.

therefore submitted a complaint against

In support of her action, the applicant claims that it was not
within the competence of the Director of DG RELEX to make
the decision of 15 April 2005 and that there was a misuse of
powers. Furthermore, she submits that
there were alleged
errors of assessment on the part of the Commission's medical
officer, whose report of 17 March 2005 fails to establish, she
alleges, any comprehensible link between the medical findings
which it contains and the conclusions which he draws from
them.

Action brought on 7 October 2005 — Marenco v Commis-
sion

Parties

Applicant: Magali Seegmuller (Uccle, Belgium) (represented by:
K.H. Hagenaar, lawyer)

Defendant: Commission of the European Communities

(Case T-378/05)

(2006/C 10/45)

Language of the case: French

Form of order sought

Parties

The applicant claims that the Court should:

— annul

the Decision of 5 July 2005 of

the Appointing
Authority of the European Commission which prevents the
applicant
from making her posting effective and from
taking up her post in the Guinea Conakry delegation as
head of administration of that delegation;

Applicant: Giuliano Marenco (Brussels, Belgium)
by: A. Pappalardo, M. Merola, lawyers)

(represented

Defendant: Commission of the European Communities

— grant in principle the applicant's claim for compensation,
to be quantified at a later date, which arises from the mate-
rial and non-material harm caused to her by the defendant;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a member of temporary staff at the Commission,
applied for the post of head of administration in Congo Brazza-
ville (Vacancy notice COM/2004/2982/F). On 5 January 2005,
she was informed that she had passed the selection board.

Form of order sought

The applicant claims that the Court should:

— annul the determination of the applicant's salary of January

2005 (last month of service),

— to the extent that that determination fails to take into
account the increase in basic salary provided for in
Article 7(4) of Annex XIII to the Staff Regulations,

— to the extent that the multiplication factor is shown as

0.9982852 instead of 1;