Case T-402/05: Action brought on  3 November 2005  — Italian Republic v Commission
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: EU financing, European Commission, Italy, action for annulment (EU), operational programme, regional policy

C 22/16

EN

Official Journal of the European Union

28.1.2006

Pleas in law and main arguments

Form of order sought

The applicant responded to a call for tenders issued by the
Commission to recruit an administrator in career bracket A8/
A5, published on 25 July 2003. Having been chosen he
entered into a contract, dated 17 January 2005, as a member
of temporary staff with the Commission in which his grade
was fixed at A*6.

By his action, the applicant challenges his grading by submit-
ting, primarily, that, in the present case, Article 12 of Annex
XIII to the Staff Regulations is inapplicable on the ground that
that disposition is applicable only to officials and not
to
members of temporary staff. In the alternative, he raises a plea
of illegality by submitting that the application of that provision
to him is contrary to the principle of equal treatment of the
successful candidates in calls for tenders published before 1
May 2004 and constitutes discrimination on the ground of
nationality and an infringement of the freedom of movement
for workers, since nationals of the new Member States are
inevitably appointed under less favourable provisions.

the same duties and infringement of

The applicant also alleges discrimination between staff carrying
out
the principle of
equivalence between the nature of duties and remuneration. In
addition, he submits that Article 12 of Annex XIII to the Staff
Regulations is contrary to Article 31 of the Staff Regulations
and adversely affects his legitimate expectations, the principle
of sound administration and the duty to have regard for the
interests of officials.

The applicant also claims that he should be compensated for
both the pecuniary and non-pecuniary damage that he allegedly
incurred.

Action brought on 3 November 2005 — Italian Republic v
Commission

(Case T-402/05)

(2006/C 22/31)

Language of the case: Italian

Parties

Applicant(s): Italian Republic (represented by: Danilo Del Gaizo,
Avvocato dello Stato)

Defendant(s): Commission of the European Communities

The applicant(s) claim(s) that the Court should:

— annul the note of 24 August 2005, No. 08799 of the Euro-
pean Commission, Directorate-General Regional Policy —
Programmes and projects in Cyprus, Greece, Hungary, Italy,
Malta and the Netherlands, concerning payments by the
European Commission different from the amount requested
(Ref. Programma POR Campania 2000-2006, No. CCI
1999 IT 16 1 PO 007);

— annul the note of 30 August 2005, No. 08978 of the Euro-
pean Commission, Directorate-General Regional Policy —
Programmes and projects in Cyprus, Greece, Hungary, Italy,
Malta and the Netherlands, concerning payments by the
European Commission different from the amount requested
(Ref. Programma DOCUP Lombardia 2000-2006, No. CCI
2000 IT 16 2 DO 014);

— annul the note of 19 September 2005, No. 09753 of the
European Commission, Directorate-General Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands, concerning payments by
the European Commission different
from the amount
requested (Ref. Programma DOCUP Ob.2 Lazio 2000-2006,
No CCI 2000 IT 16 2 DO 009);

— annul the note of 23 September 2005, No. 09985 of the
European Commission, Directorate-General Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands, concerning payments by
from the amount
the European Commission different
requested (Ref. Programma DOCUP Toscana Ob.2, No CCI
2000 IT 16 2 PO 001);

— annul the note of 11 October 2005, No. 10654 of the
European Commission, Directorate-General Regional Policy
— Programmes and projects in Cyprus, Greece, Hungary,
Italy, Malta and the Netherlands, concerning payments by
from the amount
the European Commission different
requested (Ref. Programma DOCUP Piemonte, No CCI
2000 IT 16 2 DO 007);

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are those raised in Case
T-345/04 Italian Republic v Commission (1).

(1) OJ C 262 of 23. 10. 2004, p. 55.