Case F-3/07: Action brought on 18 January 2007 — Moschonaki v EUROFOUND
Date: 2007-03-10
Institutions: Civil Service Tribunal
Subjects: EU office or agency, action by staff, labour relations, living conditions, staff regulations (EU), workers' representation, working conditions

10.3.2007

EN

Official Journal of the European Union

C 56/43

Pleas in law and main arguments

The applicant, who started working as a 'temporary agent' for
the EPP-ED Group on 3 October 2005, is challenging the rejec-
tion of his application for payment of the expatriation allow-
ance. He claims that he submitted all the documents and infor-
mation necessary for claiming the allowance and that he satisfies
all the criteria.

Action brought on 12 January 2007 — Matos Martins v
Commission

(Case F-2/07)

(2007/C 56/81)

Language of the case: French

group, or at the very least should have been laid down by a
random choice from a set of questions of the same level.

The second plea is based on breach of the duty of transparency,
of the duty to provide reasons for decisions adversely affecting
individuals, of the rule of public access to Commission docu-
ments and of the principle of the protection of legitimate expec-
tations. The applicant asserts that he was not sent the questions
which he had been asked and that the reasons put forward by
EPSO to justify that denial of information were clearly factually
inaccurate and legally inadmissible. In particular, it is claimed,
first, that Annex III to the Staff Regulations providing that the
work of the section board is secret is not applicable in the
present case and, secondly, that the communication of the ques-
tions became essential in the light of the doubts and reserva-
tions
that EPSO itself and the Joint Selection Committee
expressed as to the validity of the tests.

Action brought on 18 January 2007 — Moschonaki v
EUROFOUND

Parties

Applicant: José Carlos Matos Martins (Brussels, Belgium) (repre-
sented by: M.-A Lucas, lawyer)

(Case F-3/07)

(2007/C 56/82)

Defendant: Commission of the European Communities

Language of the case: French

Form of order sought

Parties

— annul the decision of 27 February 2006 of the European
laying down the appli-
Personnel Selection Office (EPSO)
cant's results in the pre-selection tests for contract agents
EU 25;

— annul

the decision of EPSO and/or of

the Selection
Committee not to register the applicant in the data base of
candidates who had passed the pre-selection tests;

Applicant: Chrysanthe Moschonaki (Ballybrack, Ireland) (repre-
sented by: S. Orlandi, A. Coolen, J.-N Louis and E. Marchal,
lawyers)

Defendant: European Foundation for the Improvement of Living
and Working Conditions (EUROFOUND)

— annul the consequences of the selection procedure;

— order the defendant to pay the costs.

Form of order sought

Pleas in law and main arguments

In support of his action, the applicant raises two pleas.

Under the first part of his first plea, the applicant asserts that
the level of difficulty and the cut-off mark to be attained in the
pre-selection tests, and in particular the level of difficulty of the
numerical test for Function Group IV candidates was set on the
basis of the number of candidates, so as to result in a predeter-
mined number of successful candidates, whilst it is claimed that
they should have been laid down solely in the light of the
demands of the duties of the posts to be filled.

Under the second part of that plea, the applicant asserts that the
content of the pre-selection tests was laid down for each func-
tion group on the basis of a random choice from a set of ques-
tions of different levels whilst the content of the tests should
have been the same for all the candidates of the same function

— annul the decision of the director of EUROFOUND not to
authorise the applicant's mission to take part in the meeting
of 30 and 31 March 2006 of the Assembly of Agency Staff
Committees,

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of her action, the applicant asserts principally that in
refusing her mission application to attend the meeting of
30 and 31 March 2006 of
the Assembly of Agency Staff
Committees, EUROFOUND infringed Articles 24b and 9(3) of
the Staff Regulations and the sixth paragraph of Article 1 of
Annex 2 to the Staff Regulations, which lay down freedom of
association and trade union representation, the consultation and
management role of the Staff Committee and the prohibition
on any disadvantages accruing to a member of staff by virtue of
carrying out the functions of members of the Staff Committee.

C 56/44

EN

Official Journal of the European Union

10.3.2007

applicant

infringement of
relies moreover on the
The
Article 110(4) of the Staff Regulations and Article 126 of the
Conditions of Employment of other Servants. It follows from
these provisions that regular consultations must
take place
between the administrations of the institutions and agencies,
with the participation of Staff Committees, in order to ensure a
uniform application of the Staff Regulations.

It is claimed that the contested decision also infringes the prin-
ciple of good management and sound administration.

In her action, the applicant considers that the Commission is
guilty of misconduct on a number of points, namely:

— failure to demonstrate the diligence required of every admin-

istration;

— failure to comply with the commitments resulting from the
exchange agreement which it itself concluded with the Greek
Government,
thereby infringing the applicant's legitimate
expectations and the general Community interest;

— inappropriate remarks about the applicant;

— discrimination against the applicant in relation to other offi-
cials who were made available to certain national adminis-
trations for a longer period.

Action brought on 19 January 2007 — Skoulidi v Commis-
sion

(Case F-4/07)

(2007/C 56/83)

Language of the case: French

Action brought on 21 January 2007 — Nijs v Court of
Auditors

(Case F-5/07)

(2007/C 56/84)

Language of the case: French

Parties

Applicant: Eleni-Eleftheria Skoulidi
sented by: G. Vandersanden)

(Brussels, Belgium)

(repre-

Parties

Defendant: Commission of the European Communities

Applicant: Bart Nijs (Bereldange, Belgium)
Rollinger, lawyer)

(represented by: F.

Forms of order sought

— Award the

compensation for non-pecuniary
applicant
damage suffered as a result of
the
Appointing Authority of 28 March 2006 refusing to allow
her to benefit under the exchange agreement concluded
between the Commission and the Greek Government;

the decision of

— Assess that damage on equitable principles at EUR 200 000;

— Order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, after having been made available to the Greek
Ministry of National Education and Religious Affairs for eight
months, applied to be able to benefit under the Scheme of
Exchanges of officials between the Commission and the Member
States in order to complete the tasks she had performed during
that period. After having obtained the agreement of a number
of Commission departments and the Greek Government, the
applicant received a negative decision from her institution, on
the grounds that the exchange was contrary to the applicable
provisions governing the making available of officials.

Defendant: European Court of Auditors

Form of order sought

— annul the Appointing Authority's decision to appoint the

applicant's superior to his current post;

— annul the result, so far as it concerns the applicant, of
competition CC/LA/1/99 and all connected and/or subse-
quent decisions;

— annul the decision of the polling office of the Court Audi-
tors to reject the applicant's challenge to the ballot of 2, 3,
and 4 May 2006;

— annul the result of the Court Auditors' Staff Committee elec-
tions of 2, 3 and 4 May 2006 and all connected and subse-
quent decisions;

— annul the decisions not to promote the applicant, and to

promote Mr X, in 2006;

— order the payment of compensation for the material and

non-material loss suffered by the applicant;

— order the defendant to pay the costs.