Case F-38/06: Action brought on  14 April 2006  — Irène Bianchi v European Training Foundation
Date: 2006-06-17
Institutions: Civil Service Tribunal
Subjects: European Training Foundation, action by staff, dismissal, personnel administration, servant (EU)

17.6.2006

EN

Official Journal of the European Union

C 143/37

Action brought on 14 April 2006 — Irène Bianchi v Euro-
pean Training Foundation

(Case F-38/06)

(2006/C 143/71)

Language of the case: French

applicant's expertise with respect, in particular, to administra-
tive assistant posts resulting from the reform, the manner in
which the applicant performed her duties and the interest of
the service.

In support of her action for compensation, the applicant claims
that the illegalities of the contested decision constitute wrongful
acts which have caused her and are still likely to cause her
serious pecuniary and non-pecuniary damage.

Parties

Applicant:
Lucas, lawyer)

Irène Bianchi

(Turin,

Italy)

(represented by: M.-A.

Defendant: European Training Foundation

Action brought on 8 April 2006 — Luigi Mancuccio v
Commission of the European Communities

Forms of order sought

— annul the decision of the Director of the Foundation not to
employment as a
renew the applicant's
temporary agent, which was notified to her by memor-
andum of 24 October 2005;

contract of

— order the Foundation to compensate for the pecuniary and
non-pecuniary damage suffered by the applicant, together
with statutory interest;

Parties

(Case F-40/06)

(2006/C 143/72)

Language of the case: Italian

— order the defendant to pay the costs.

Applicant: Luigi Mancuccio (Tricase, Italy) (represented by: V.
Messa, lawyer)

Pleas in law and main arguments

Defendant: Commission of the European Communities

The applicant, who was engaged by the Foundation in 2000
under a contract of employment as a temporary agent
concluded initially for a period of three years and subsequently
renewed until 15 April 2006, contests the decision not to
renew her contract of employment beyond that date.

The applicant puts forward four pleas in law in support of her
action for annulment. The first plea alleges infringement of the
general principle of the rights of the defence and of Article 26
of the Staff Regulations, in that the negative evaluations which
the Head of the Finance Unit sent to the Director of the Foun-
dation were not sent to the applicant or placed in her personal
file.

The second plea alleges infringement of the obligation to state
reasons arising from the decision of the Director of the Founda-
tion of 26 February 1997 pertaining to the renewal of
contracts and of the second paragraph of Article 25 of the Staff
Regulations, in that the applicant was not informed sufficiently
of the reasons for the contested decision.

The third plea alleges a number of procedural infringements
established by the aforementioned decision of 26 February
1997.

The fourth plea alleges manifest errors of assessment which the
Director of the Foundation made as to the necessity for the

Form of order sought

— annul the implied decision by which the applicant's request
dated 1 March 2005 to the Appointing Authority to have
sent to him a certified copy of the original of the bill of
lading relating to the presumed dispatching of his personal
effects from Angola to Italy;

— order the defendant to pay to the applicant, by way of
damages for the losses resulting from the adoption of the
contested act, the amount of EUR 10 000, or an amount to
be assessed by the Court;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, a former Commission official who took retire-
ment on 30 May 2005, requested from that institution the bill
of lading for his personal effects and property assigned to his
residence in Angola,
the country to which he had been
assigned as an economic advisor with the Commission's delega-
tion.