Case F-50/06: Action brought on  3 May 2006  — Lebedef-Caponi v Commission
Date: 2006-07-01
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, professional career, regulations for civil servants, staff assessment

1.7.2006

EN

Official Journal of the European Union

C 154/27

Pleas in law and main arguments

In support of his action, the applicant relies on:

— fourth, breach of the principle of protection of legitimate
expectations and of the rule patere legem quam ipse fecisti;

— fifth, breach of the duty to have regard to the welfare of

1. The effects for the 2004 appraisal exercise of a falsification

of his staff report relating to the 2003 exercise,

officials.

2. Breach of the principles of legal certainty for staff, equal
treatment of officials and sound administration in the appli-
cation to the applicant of the new appraisal system devel-
oped by the defendant,

3. The fact that one of his colleagues was unlawfully asked to

carry out more senior duties on a temporary basis,

4. The fact that one of his hierarchical superiors carried out

his duties unlawfully,

5. That superior's lack of integrity,

6. Several instances of misuse of powers and a breach of the

Treaty.

Action brought on 3 May 2006 — Lebedef-Caponi v
Commission

(Case F-50/06)

(2006/C 154/62)

Language of the case: French

Parties

Applicant: Maddalena Lebedef-Caponi
bourg) (represented by: G. Bounéou and F. Frabetti, lawyers)

(Senningerberg, Luxem-

Defendant: Commission of the European Communities

Form of order sought

— Annul the applicant's career development report for the

period 1.7.2001 to 31.12.2002;

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

Action brought on 30 April 2006 — Claudia Gualtieri v
Commission of the European Communities

(Case F-53/06)

(2006/C 154/63)

Language of the case: Italian

Parties

Applicant: Claudia Gualtieri (Brussels, Belgium) (represented by:
P. Gualtieri and M. Gualtieri, Lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Annulment of the decision adopted by the Director-General
of Personnel and Administration on 30 January 2006
rejecting complaint No R/783/05, registered on 17 October
2005, seeking annulment of the decision adopted by the
DG ADMIN, communicated on 5 September 2005, by
which the applicant's claim that she was entitled to the full
daily subsistence allowance was rejected;

— annulment of the decision communicated on 5 September

2005;

— annulment of all of

the defendant's communications
received each month relating to the determination of the
allowance in question;

— an order that the defendant pay the applicant, with effect
from 1 January 2004 until 31 December 2005, the daily
subsistence allowance and the monthly allowance provided
for by the Commission Decision on Seconded National
Experts (SNEs);

— in the alternative, an order that the defendant pay the appli-
cant the abovementioned allowances with effect from 2
February 2005, the date of the applicant's de facto separa-
tion from her husband and the date when she ceased to live
in the further alternative, from the 4 July
with him, or,
2005, the date when the divorce petition was lodged with
the District Court Brussels, until 31 December 2005;

In support of her action, the applicant puts forward five pleas
in law, alleging:

— order the defendant to pay the costs.

— first, breach of Article 26 of the Staff Regulations;

— second, breach of the general implementing provisions of

Article 43 of the Staff Regulations;

— third, breach of the principle of the prohibition of arbitrary
process and of the principle of the prohibition of misuse of
powers and breach of the obligation to state reasons;

Pleas in law and main arguments

The applicant, a national expert on secondment
to the
Commission, complains that it was unlawful to reduce to 25 %
the daily subsistence allowance provided for under the rules on
SNEs and to fail to pay the further monthly allowance also
provided for under those rules.