CELEX: C2001/095/35
Language: en
Date: 2001-03-24 00:00:00
Title: Case T-11/01: Action brought on 22 January 2001 by Catherine Mascetti against Commission of the European Communities

C 95/18                EN                      Official Journal of the European Communities                                      24.3.2001
Pleas in law and main arguments                                           Pleas in law and main arguments
The applicant was injured in two serious road-traffic accidents.
Following his initial treatment, the applicant applied for unpaid         The present action is directed against the decision of 28 Sep-
leave; that application was granted pursuant to Article 40 of             tember 2000, by which the authority competent to conclude
the Staff Regulations, initially for a period of one year.                staff contracts rejected the applicant’s complaint lodged under
                                                                          No 166/2000, seeking confirmation that her employment
                                                                          relationship with the Commission was for an indefinite period
Whilst on leave, the applicant applied to be retired on health            under a temporary staff contract pursuant to Article 2(d) of
grounds. The defendant refused that application, since the                the Conditions of Employment of other Servants (CES).
applicant had at his own request been granted leave on
personal grounds, and could not therefore show that he was
performing the duties corresponding to a post.
                                                                          The applicant points out in this respect that she was engaged
                                                                          by the defendant on 16 October 1996 as a member of the
The applicant asserts that the question as to whether or not              auxiliary staff. Subsequently, the applicant and the Commission
the criteria laid down by Article 78 of the Staff Regulations are         agreed to add a clause providing for the extension of the
fulfilled is to be determined on the basis of expert medical              contract until 15 October 2000, giving a total duration of
reports, and that the determination of that question cannot               3 years. The contract was not subsequently renewed.
depend on whether the applicant was, at the relevant time, on
leave on personal grounds. Consequently, the defendant is
wrong to believe that it has any margin of discretion as regards
the carrying- out an administrative/technical assessment of the           According to the applicant, the Commission’s intention of not
circumstances.                                                            offering employment relationships to temporary agents in
                                                                          excess of 3 years is evident from the fact that the Commission
                                                                          chose to abolish posts in respect of which it had published
                                                                          vacancy notices and for which the applicant herself had
                                                                          applied.
                                                                          In support of her arguments, the applicant alleges:
Action brought on 22 January 2001 by Catherine Mascetti                   —     Breach of the principle of good administration and
    against Commission of the European Communities                              infringement of Articles 3 and 5 of the CES for having
                                                                                unlawfully classified the applicant as an auxiliary agent.
                          (Case T-11/01)
                                                                          —     Infringement of Articles 8 et seq. and 47 of the CES.
                         (2001/C 95/35)
                                                                          —     Infringement of the decision of the Commission of
                                                                                19 January 1996 on a New Policy for Research Staff
                   (Language of the case: Italian)                              (NPRS).
An action against the Commission of the European Communi-                 —     Breach of the principles of legality and of legitimate
ties was brought before the Court of First Instance of the                      expectations.
European Communities on 22 January 2001 by Catherine
Mascetti, represented by Bruno Nascimbene and Massimo
Condinanzi, Avvocati, with an address for service in Luxem-               —     Unlawfulness of the NPRS as contrary to the CES and to
bourg.                                                                          the principle of non-discrimination.
The applicant claims that the Court should:                               —     Unlawfulness of the NPRS for failure to consult the Staff
                                                                                Regulations Committee.
—      Annul the decision of the Commission of 28 September
       2000 rejecting the complaint lodged by the applicant on
       28 March 2000 under No 166/2000;
—      Order the Commission to pay the costs.