Case T-236/02: Judgment of the Court of First Instance of  24 November 2005  — Marcuccio v Commission (Officials — Reassignment in the interests of the service — Action for annulment — Statement of reasons — Duty to have due regard for the welfare of officials Rights of the defence — Misuse of powers — Articles 25 and 26 of the Staff Regulations — Manifest error of assessment — Action for damages)
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: European official, action for annulment (EU), administrator, indemnification

28.1.2006

EN

Official Journal of the European Union

C 22/11

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 24 November
2005 — Marcuccio v Commission

Judgment of the Court of First Instance of 22 November
2005 — Vanhellemont v Commission

(Case T-236/02) (1)

(Case T-396/03) (1)

(Officials — Reassignment in the interests of the service —
Action for annulment — Statement of reasons — Duty to
have due regard for the welfare of officials Rights of the
defence — Misuse of powers — Articles 25 and 26 of the
Staff Regulations — Manifest error of assessment — Action
for damages)

(2006/C 22/21)

Language of the case: Italian

Parties

Applicant(s): Luigi Marcuccio (Tricase, Italy) (represented by: L.
Garofalo, lawyer)

Defendant(s): Commission of the European Communities (repre-
sented by: E. de March and C. Berardis-Kayser, Agents, assisted
by A. dal Ferro, lawyer)

Application for

Annulment of the decision of the Commission of 18 March
2002 which reassigned the applicant from the Directorate-
General for Development, Commission's Delegation in Luanda
(Angola), to the Directorate General for Development in Brus-
sels, of all preliminary, connected or consecutive measures, in
particular those relating to the recruitment of another official
to occupy his post, of the Commission's notes of 13 and 14
November 2001 and of the opinion or opinions of the mana-
ging Committee of the external services, and a claim indem-
nities in connection with his duties in Angola and damages for
harm suffered

Operative part of the judgment

The Court:

1) Dismisses the application.

(Officials — Staff committee — Elections for the Brussels
local staff committee — Counting of votes cast — Action for
annulment — Action for damages)

(2006/C 22/22)

Language of the case: French

Parties

Applicant(s): Joseph Vanhellemont (Merchtem, Belgium) (repre-
sented by: L. Vogel, lawyer)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall and H. Kraemer, Agents)

Application for

First, annulment of the decision of the Commission of 26
August 2003 rejecting the complaint made by the applicant
seeking the organisation of a recount of votes cast in the elec-
tions of December 2002 for the Brussels local staff committee
of the Commission, and also, as far as necessary, the annulment
of the decisions against which that complaint was directed and,
second, a request for damages

Operative part of the judgment

The Court:

1) Annuls the decision of the Commission not to intervene following
the applicant's challenges of 23 December 2002 seeking the orga-
nisation of a further recount of the votes cast in the elections of
December 2002 for the Brussels local staff committee;

2) Orders the parties to bear their own costs, including those relating
to the proceedings for interim measures before the Court of First
Instance.

2) Rejects the remainder of the application;

3) Orders the Commission to pay the costs.

(1) OJ C 233, 28.9.2002.

(1) OJ C 47, 21.2.2004.