Case F-27/07: Action brought on 26 March 2007 — Sundholm v Commission
Date: 2007-05-26
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, professional career, regulations for civil servants, staff assessment

26.5.2007

EN

Official Journal of the European Union

C 117/37

In addition, the applicant submits that there has been infringe-
ment of the general principles of Community law, in particular
of the duty to have regard for the welfare of officials and the
principle of sound administration, the principle of transparency,
the principle of protection of legitimate expectations, the prin-
ciple of legal certainty, the principle of good faith, the prohibi-
tion on reformatio in pejus (prohibition on deterioration) and the
principle of the right to a fair hearing.

Action brought on 26 March 2007 — Sundholm v
Commission

(Case F-27/07)

(2007/C 117/59)

Language of the case: French

Action brought on 21 March 2007 — Potoms and Scillia v
Parliament

(Case F-26/07)

(2007/C 117/58)

Language of the case: French

Parties

Parties

Applicant: Asa Sundholm (Brussels, Belgium)
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

(represented by

Defendant: Commission of the European Communities

Form of order sought

— annul the decision of 2 June 2006 establishing the appli-
cant's Career Development Report (CDR) for the period from
1 July 2001 to 31 December 2002, adopted pursuant to the
judgment of the Court of First Instance of the European
Communities of 20 April 2005 in Case T-86/04 Sundholm v
Commission;

— order the defendant to pay, at that stage of the proceedings,

EUR 1 by way of damages for non-material loss;

Applicants: Gerrit Potoms (Mechelen, Belgium) and Mario Scillia
(Brussels, Belgium) (both represented by S. Orlandi, A. Coolen,
J.-N. Louis and E. Marchal, lawyers)

— order the defendant to pay the costs.

Pleas in law and main arguments

Defendant: European Parliament

Form of order sought

— declare that Articles 5 and 12 of Annex XIII of the Staff

Regulations are unlawful;

— annul the individual decisions appointing the applicants to
an administrator post inasmuch as they determine their clas-
sification pursuant to article 5(2) of Annex XIII to the Staff
Regulations;

— declare that

the implementing measures relating to the
awarding of merit and promotion points are unlawful inas-
much as they provide for the cancellation of merit and
promotion points on transfer from one function group to
another;

In support of his action, the applicant relies, first, on the breach
of Article 233 EC and of the obligation to state reasons inas-
much as it is not possible from the contested decision to know
how the grounds of the abovementioned judgment were taken
into account.

Moreover, the applicant asserts that the contested decision, first,
failed to take into account the aims and objectives pursued by
the new Career Development Review System, and, second,
is
vitiated by inconsistencies between the comments and marks
awarded.

Finally, the applicant relies on the breach of the rights of the
defence inasmuch as the facts on which his appraisal was based
were not disclosed to him either when they were produced or
in the context of the appraisal procedure.

— annul

the individual decisions to cancel

the merit and
promotion points accumulated by the applicants in their
former category;

— annul the individual decisions to apply a multiplier lower

than 1 to determine the applicants' remuneration;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicants assert pleas in law very similar to those relied on
in Case F-31/06 (1)

(1) OJ C 131 of 3.6.2006, p. 50.

Action brought on 28 March 2007 — Quadu v Parliament

(Case F-29/07)

(2007/C 117/60)

Language of the case: French

Parties

Applicant: Sandro Quadu (Brussels, Belgium)
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

(represented by

Defendant: European Parliament