CELEX: C2002/247/27
Language: en
Date: 2002-10-12 00:00:00
Title: Case T-221/02: Action brought on 24 July 2002 by Giorgio Lebedef and Others against the Commission of the European Communities

12.10.2002             EN                       Official Journal of the European Communities                                        C 247/17
Pleas in law and main arguments                                            Pleas in law and main arguments
In support of his claim, the applicant alleges infringement of             The applicants are contesting the change in the calculation
Article 45 of the Staff Regulations, breach of the principle of            method used by the Commission up until 1996 and/or 1997
equal treatment and of the principle that officials should have            in relation to the annual expense of travelling to Greece.
reasonable career prospects and manifest error of assessment
and failure to provide reasons.
                                                                           They point out in that regard that the travel expenses in
                                                                           question were previously calculated on the basis of the cost of
The promotions committee awarded the applicant additional                  a first class rail ticket for a journey passing through Yugoslavia,
points in order to ensure that he was not penalised for his                regardless of the final destination. The new method involves
mobility. The Commission however does not provide any                      taking into consideration, in respect of certain destinations, a
explanation of how those additional points were taken into                 journey via Brindisi to the various Greek frontier posts based
consideration when examining the comparative merits of the                 on the cost of an ‘aircraft type seat’ ticket.
candidates. Neither does it explain why it promoted persons
whose total points were fewer than those of the applicant.
                                                                           In support of their claims, the applicants plead:
                                                                           —     infringement of Article 71 of the Staff Regulations and of
                                                                                 Articles 7 and 8 of Annex VII thereto;
                                                                           —     breach of the principle of non-discrimination, inasmuch
                                                                                 as the change in the method of calculating the travel
Action brought on 24 July 2002 by Giorgio Lebedef                                expenses in issue has resulted in the persons concerned
and Others against the Commission of the European                                being treated differently from their colleagues whose
                          Communities                                            place of origin is located in northern Greece. Whereas,
                                                                                 for part of Greece, the sum continues to be calculated on
                        (Case T-221/02)                                          the basis of a journey via Yugoslavia, the same calculation
                                                                                 cannot be carried out for the rest of Greece;
                        (2002/C 247/27)                                    —     infringement of the rights of the defence, inasmuch as
                                                                                 the persons concerned have been denied the possibility
                   (Language of the case: French)                                of presenting to the competent authority their views on
                                                                                 the choice of itinerary and the tariff to be taken into
                                                                                 account;
An action against the Commission of the European Communi-                  —     breach of the obligation to provide a statement of
ties was brought before the Court of First Instance of the                       reasons, of the principle of the protection of legitimate
European Communities on 24 July 2002 by Giorgio Lebedef                          expectations and of the duty to have regard for the
and 63 other officials, represented by G. Bounéou, lawyer,                       welfare and interests of officials.
with an address for service in Luxembourg.
The applicants claim that the Court should:
—     annul the decision of the competent hierarchical authority
      changing, with effect from 1996 and/or 1997, the
      procedure for calculating the annual expense of travelling           Action brought on 23 July 2002 by Miguel Forcat Icardo
      to Greece in respect of the journey via Brindisi, as taken             against the Commission of the European Communities
      into consideration for certain destinations;
                                                                                                       (Case T-224/02)
—     alternatively, annul the decision of the competent hier-
      archical authority to reimburse, with effect from 1996
      and/or 1997, the cost of the sea passage from Brindisi to                                        (2002/C 247/28)
      various Greek frontier posts (Corfu, Igoumenitsa, Patras)
      on the basis of an ‘aircraft type seat’ ticket;                                            (Language of the case: French)
—     annul all the applicants’ reimbursement statements
      implementing the decisions annulment of which is
      sought;                                                              An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
—     make the appropriate ruling as to costs and order the                European Communities on 23 July 2002 by Miguel Forcat
      Commission to pay those costs.                                       Icardo, represented by M. Lucas, lawyer.