Case F-33/06: Action brought on  21 March 2006  — Campoli v Commission
Date: 2006-06-03
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, pension scheme, regulations for civil servants

C 131/52

EN

Official Journal of the European Union

3.6.2006

Action brought on 21 March 2006 — Campoli v Commis-
sion

Action brought on 5 April 2006 — Martin Magone v
Commission

(Case F-33/06)

(2006/C 131/94)

Language of the case: French

(Case F-36/06)

(2006/C 131/95)

Language of the case: French

Parties

Applicant(s): Franco Campoli (London, United Kingdom) (repre-
sented by: S. Rodrigues and A. Jaume, avocats)

Parties

Applicant(s): Alejandro Martin Magone (Brussels, Belgium)
(represented by: E. Boigelot, avocat)

Defendant: Commission of the European Communities

Defendant: Commission of the European Communities

Form of order sought

Form of order sought

— Annul, first, the decision of the Appointing Authority chal-
lenged in the complaint brought by the applicant on 10
August 2005 which,
from 1 May 2004, amended the
correction coefficient, the household allowance and the flat-
rate education allowance applicable to the applicant's
pension and, second, the applicant's salary statements in so
far as they apply that decision with effect from March
2005;

— Specify to the Appointing Authority the effects of

the
annulment of the contested decisions, and in particular the
application of
the household
the correction coefficient,
allowance and the flat-rate education allowance applicable
to the applicant's pension before 1 May 2004, and with
retroactive effect from 1 May 2004;

— Order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

In support of his action, the applicant advances pleas very
similar to those which he had already advanced in Case T-135/
05 (1).

(1) OJ C 132 of 28.05.2005, p. 33.

— Annul the decision of 7 June 2005 of the Director General
of ECHO in his capacity as Appeal Assessor which was
flawed in so far as it definitively confirms and approves the
applicant's Career Development Report
the
period from 1 January 2004 to 15 September 2004;

(CDR)

for

— Annul the disputed CDR;

— Annul

the decision of 22 December 2005 of

the
Appointing Authority,
received on 5 January 2006,
rejecting the complaint brought under Article 90(2) of the
Staff Regulations of Officials on 6 September 2005 and
seeking annulment of the contested decision;

— Declare that the applicant is the victim of harassment at

work;

— Award damages for pecuniary and non-pecuniary loss, loss
of career prospects, equitable damages in the sum of
EUR 29 000 or in an amount to be assessed by the Court;

— Order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

In support of his action, the applicant alleges an infringement
of Article 12a, the second paragraph of Article 25, Article 26
and Article 43 of the Staff Regulations and of the rules for
implementing Article 43, as adopted by the Commission on 3
March 2004, an infringement of the Commission decision of
28 April 2004 guaranteeing rates of pay, of the Administrative
Guide and of the Guidelines in that regard, misuse of powers
and infringement of the general principles of law,
including
respect for the rights of the defence, the principle of sound
administration and the duty to have regard to the welfare of
individuals, the principle of equality and infringement of the
principles which impose a duty on the Appointing Authority
to adopt decisions only on the basis of
legally admissible
grounds, that is which are relevant and not vitiated by manifest
errors of assessment of fact or law.