Case F-73/06: Action brought on 3 July 2006 — Van Neyghem v Commission
Date: 2006-08-12
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, competition (EU), equal treatment, staff assessment

12.8.2006

EN

Official Journal of the European Union

C 190/37

— (2) infringement of the principle of the prohibition of arbi-
trary process and of the principle of the prohibition of
abuse of powers, and infringement of the duty to give
reasons and of the rights of the defence;

— (3) infringement of the duty to have regard for the welfare

and/or interests of officials.

Action brought on 30 June 2006 — Verheyden v Commis-
sion

(Case F-72/06)

(2006/C 190/69)

Language of the case: French

Parties

Applicant: Luc Verheyden (Angera,
Boigelot, lawyer)

Italy)

(represented by: E.

Defendant: Commission of the European Communities

Form of order sought

— order the production of the files concerning the applicant
and sealed by the European Anti-Fraud Office (OLAF) and
all the evidence and documents collected by OLAF against
the applicant;

— order the production of the warrant of the OLAF inspec-

tors;

— order the production of any OLAF report concerning the
investigation, whether or not sent to the Italian judicial
authorities, including the final report of the internal investi-
gation;

— order the defendant to pay damages, assessed on an equi-
to increase and/or

table basis at EUR 30 000, subject
decrease in the course of the proceedings;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his action, the applicant, in addition to putting
forward very similar pleas to those raised in connection with
Case F-5/05 (1) and raising the same pleas of unlawfulness as
invoked in that case, also contends that Council Regulation
(EC, Euratom) No 723/2004 of 22 March 2004 amending the
Staff Regulations of officials of the European Communities and
the Conditions of Employment of other servants of the Euro-
pean Communities (2) is unlawful as to the part which inserts
Article 1 of Annex IX to the Staff Regulations.

(1) OJ C 82 of 2.4.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-22/05
and transferred to the European Civil Service Tribunal by order of
15.12.2005).

(2) OJ L 124 of 27.4.2004, p. 1.

Action brought on 3 July 2006 — Van Neyghem v
Commission

(Case F-73/06)

(2006/C 190/70)

Language of the case: French

Parties

Applicant: Kris Van Neyghem (Vissenaken, Belgium)
sented by: S. Rodrigues, A.
lawyers)

(repre-
Jaume and C. Bernard-Glanz,

Defendant: Commission of the European Communities

— annul the investigation into the applicant;

Form of order sought

— annul the Note from OLAF notifying the investigation and
providing information to the Italian judicial authorities and
the despatch of
the investigation to the
Italian judicial authorities;

the reports of

— annul the intermediate and final reports of the investiga-

tion;

— annul the implicit decisions rejecting the applicant's appli-

cation and complaint;

— annul all measures which may be taken subsequently to the
bringing of this action following and/or relating to those
decisions;

— Annul the director of EPSO's decision of 1 June 2005 not
to admit the applicant to the oral test in competition EPSO/
A/19/04;

— Order the defendant to pay the applicant the symbolic sum
of one euro, by way of compensation for his non-material
damage;

— Order the defendant to pay the applicant an amount to be
left to the Tribunal's discretion, by way of compensation
for his material damage, consisting of his loss of the oppor-
tunity of being appointed to a higher grade;

— Order the defendant to pay the costs.

C 190/38

EN

Official Journal of the European Union

12.8.2006

Pleas in law and main arguments

In support of his action, the applicant first claims infringement
of the duty to give reasons and of the principle of equal treat-
ment, in that neither the contested decision nor the administra-
tion's response to the applicant's complaint has enabled him to
understand the mark he was awarded when the written test
was marked and still
less the value judgment made on his
performance.

The applicant pleads, in addition, infringement of the principle
of sound administration, inasmuch as the evaluation sheet for
his written test is too general and imprecise and the copies of
that test paper are not marked in any way.

Order of the Civil Service Tribunal of 30 June 2006 —
Colombani v Commission

(Case F-75/05) (1)

(2006/C 190/72)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

(1) OJ C 229, 17.9.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-294/
05 and transferred to the European Union Civil Service Tribunal by
order of 15.12.2005).

Order of the Civil Service Tribunal of 30 June 2006 —
Colombani v Commission

(Case F-35/05) (1)

(2006/C 190/71)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

Order of the Civil Service Tribunal of 19 June 2006 —
Nanbru v Parliament

(Case F -127/05) (1)

(2006/C 190/73)

Language of the case: French

(1) OJ C 193 of 6.8.2005 (case initially registered before the Court of
First Instance of the European Communities under number T-206/
05 and transferred to the European Union Civil Service Tribunal by
order of 15.12.2005).

The President of the First Chamber has ordered that the case be
removed from the register, following amicable settlement.

(1) OJ C 60, 11.3.2006.