Case T-400/05: Action brought on  2 November 2005  — T v Commission
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, illness, paid leave, personnel administration, regulations for civil servants

28.1.2006

EN

Official Journal of the European Union

C 22/15

Action brought on 2 November 2005 — T v Commission

concerning annual
misuse of powers.

leave, a manifest error of assessment and

(Case T-400/05)

(2006/C 22/29)

Language of the case: French

The applicant also claims that she should be compensated for
both the pecuniary and non-pecuniary loss that she allegedly
incurred as a result of the defendant's actions.

Parties

Action brought on 2 November 2005 — Toth v Commis-
sion

Applicant: T (Brussels, Belgium) (represented by: S. Rodrigues
and Y. Minatchy, lawyers)

Defendant: Commission of the European Communities

Forms of order sought

The applicant claim that the Court should:

— annul, as far as necessary, the decision of 20 July 2005 by
which the Commission rejected the applicant's complaints
lodged on 10 February 2005 and 21 March 2005 against
the Commission's decision concerning the loss of her days
of leave for 2004 and against the Commission's decision to
consider the applicant's absences from 15 November 2004
to be improper;

— establish the liability of the European Community as a

result of the contested decision;

(Case T-401/05)

(2006/C 22/30)

Language of the case: French

Parties

Applicant: Gergely Toth (Besozzo,
Rodrigues and Y. Minatchy, lawyer)

Italy)

(represented by: S.

Defendant: Commission of the European Communities

— award the applicant damages for the harm suffered, in an

amount of EUR 58 395.39;

Forms of order sought

— order the defendant to pay all the costs.

The applicant claim that the Court should:

Pleas in law and main arguments

The applicant is a former Commission official, in retirement
since 1 September 2005. By her action, she contests the defen-
dant's decision to consider some of her absences in 2004 to be
improper and to be set against her annual leave entitlement
and her remuneration. In support of her action she alleges
infringement of the duty to give reasons, infringement of the
principles of equal treatment and sound administration and the
duty to have regard for the interests of officials.

The applicant also alleges infringement of Article 59 of the
Staff Regulations in so far as she has medical certificates for the
periods of absence at issue. In addition, she alleges infringement
of Article 57 of the Staff Regulations and Annex V thereto

— annul the Commission's decision of 20 July 2005 rejecting
the applicant's complaint of 15 April 2005, taken together
with the contract of employment signed by the applicant
on 17 January 2005 in so far as it fixes his grade in accord-
ance with Article 12(3) of Annex XIII to the Staff Regula-
tions and his step pursuant to the current Article 32 of the
Staff Regulations;

— inform the Commission as to the effects of the annulment
of the contested decision and, in particular, the reclassifica-
tion of the applicant in grade A*9 with retroactive effect;

— in the alternative, order the Commission to compensate the
harm suffered by the applicant as a result of the fact that he
was not classified in grade A*9 from 17 January 2005;

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