Case F-13/07: Action brought on 7 February 2007 — Scozzaro v EMEA
Date: 2007-04-14
Institutions: Civil Service Tribunal
Subjects: European Medicines Agency, action by staff, occupational accident, physically disabled person, servant (EU)

C 82/56

EN

Official Journal of the European Union

14.4.2007

— in the alternative, annul the communication of OHIM of 9

— Order the defendant to pay damages of EUR 1;

June 2006 entitled ‘definitive Promotion Points 2006’;

— in the alternative, annul the implied decision of rejection by

the President of OHIM of 27 November 2006;

— order OHIM to pay the applicant an appropriate amount of

up to one year's salary, but not less than EUR 45 000;

— order OHIM to pay the costs of the proceedings.

Pleas in law and main arguments

The applicant is an official of OHIM in Alicante, Spain, and
complains about the reports which the defendant has to submit
about him every two years, which, he claims, are substantively
incorrect and are flawed and have not been produced on
numerous occasions. Accordingly, the applicant seeks annul-
ment of all the defendant's implied decisions taken on the basis
of Article 90(2) of the Staff Regulations and the amendment of
the promotion points granted erroneously by the defendant to
him in 2006.

applicant also claims

that, by unlawfully infringing
The
Article 90(2) of the Staff Regulations in his regard for years, the
defendant has intentionally and immorally disregarded his rights
as an employee. He thus seeks damage for non-material harm
from the defendant on the grounds of physical harassment and
continuous infringement of his personal rights.

— Order the defendant to pay the costs.

Pleas in law and main arguments

By the contested decisions,
the Commission transferred the
applicant, an official in DG TREN with the status, at that time,
of half-time secondment for trade union activities, from that
DG's list to the ‘A*10 list in Annex IV’ under the 2006 promo-
tion procedure.

In support of his action, the applicant claims, in particular, that
the decisions: (i) infringe the principle of the obligation to state
reasons; (ii) are devoid of legal basis, and (iii) misapply Article 6
(3)(b) of the General provisions for implementing Article 43 of
the Staff Regulations.

Action brought on 7 February 2007 — Scozzaro v EMEA

(Case F-13/07)

(2007/C 82/119)

Language of the case: French

Action brought on 26 January 2007 — Chassagne v
Commission

Parties

(Case F-8/07)

(2007/C 82/118)

Language of the case: French

Parties

Applicant: Olivier Chassagne (Brussels, Belgium) (represented by:
Y. Minatchy, lawyer)

Defendant: Commission of the European Communities

Applicant: Salvatore Scozzaro (Broxbourne, United Kingdom)
(represented by: S. Orlandi, A. Coolen,
J.-N. Louis and
E. Marchal, lawyers)

Defendant: European Medicines Agency (EMEA)

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision of 31 March 2006 by which the Execu-
tive Director of the EMEA refused the applicant's request for
the establishment of an Invalidity Committee and the confir-
matory decision of the following 25 October;

— order the defendant to pay the costs.

Form of order sought

The applicant claims that the Tribunal should:

Pleas in law and main arguments

— Annul the Commission's decisions dated 23 June 2006 and
27 October 2006 and adopt the measures arising from such
annulment for the applicant;

— Order every measure necessary to safeguard the applicant's

rights and interests;

On 17 March 2005, the applicant, a member of the EMEA's
temporary staff, fell victim to an accident at work, as a result of
which he became incapable of carrying out his work. On
14 February 2006, he was informed that his contract would not
be renewed beyond 15 October 2006. His request for the estab-
lishment of an Invalidity Committee was refused.

14.4.2007

EN

Official Journal of the European Union

C 82/57

in particular,
In support of his action, the applicant pleads,
breach of the first paragraph of Article 31 and of Article 33(1)
of the Conditions of employment of other servants of the Euro-
pean Communities (RAA), as interpreted by the Civil Service
Tribunal in its judgment of 16 January 2007 in Case F-119/05
Gesner v OHIM (not yet reported in the ECR).

In support of his action, the applicant relies on, inter alia, the
existence of a manifest error of assessment and the infringement
of: (i) Articles 7, 29 and 45 of the Staff Regulations; (ii) the
Commission rules on the appraisal, selection and appointment
of officials in higher-management posts as defined in a Commu-
nication of 22 December 2000; (iii) the rules on the appraisal
of higher-management staff of Grades A1 and A2, as defined in
a Communication of 10 March 2004; (iv) the vacancy notice
COM/2006/164.

Action brought on 27 February 2007 — Caló v Commis-
sion

(1) Case T-118/04 (OJ C 118 of 30.4.2004, p. 47).
(2) Case T-134/04 (OJ C 146 of 29.5.2004, p. 6).
(3) Case F-79/06 (OJ C 237 of 30.9.2006, p. 17).

(Case F-14/07)

(2007/C 82/120)

Language of the case: French

Parties

Applicant: Giuseppe Caló (Luxembourg, Luxembourg)
(repre-
sented by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal,
lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Tribunal should:

— annul the decision to dismiss the applicant's candidature for
the post of Director of the ‘Business Statistics’ Directorate of
the Statistics Office of the European Communities;

— annul the decision to appoint Mr. X to that post;

— order the defendant to pay the applicant the token sum of
EUR 1 by way of damages for a breach of administration;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official of the defendant, challenged before the
Court of First Instance of the European Communities the deci-
sion to re-assign him to the duties of Principal Adviser to the
DG to which he was assigned (1) and the decision to reject his
candidature for the post of Director in the same DG (2), and
before the Civil Service Tribunal of the European Union (3), the
decisions, taken in connection with the reorganisation of the
DG Eurostat, to reject his candidature for a Director's post. Now
he is contesting the decision to reject his candidature for
another post as a Director in the same DG and to appoint
another candidate to that post.

Order of the Civil Service Tribunal of 27 February 2007 —
Rounis v Commission

(Case F-78/05) (1)

(2007/C 82/121)

Language of the case: French

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 271, 29.10.2005, p. 22.

Order of the Civil Service Tribunal of 14 February 2007 —
Geert Haelterman and Others v Commission

(Case F-102/06) (1)

(2007/C 82/122)

Language of the case: French

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 26, 28.9.2006, p. 35.