CELEX: C2002/247/42
Language: en
Date: 2002-10-12 00:00:00
Title: Case T-251/02: Action brought on 16 August 2002 by E against Commission of the European Communities

C 247/26               EN                       Official Journal of the European Communities                                    12.10.2002
Grounds of claim:              —      The Decision is in breach of         —     order the defendant to pay the costs.
                                      Article 7(1)(b) of Regulation
                                      (EC) No 40/94: The Board of
                                      Appeal failed to draw the
                                      correct inferences from the          Pleas in law and main arguments
                                      cited evidence, misapplied
                                      the test of relevant public,
                                                                           The applicant, an official of the Economic and Social Com-
                                      failed to apply the law con-
                                                                           mittee of the European Communities, applied for the post of
                                      sistently and failed to pro-
                                                                           head of the Italian Translation and Transcription Division of
                                      vide proper reasoning.
                                                                           the Logistics and Translation Directorate. However, the Bureau
                               —      The Decision is in breach of         of the Economic and Social Committee rejected her application
                                      Article 7(3) of Regulation           and appointed another candidate to that post.
                                      (EC) No 40/94: The Board of
                                      Appeal failed to apply the           In support of her claim, the applicant alleges:
                                      test for acquired distinc-
                                      tiveness correctly, failed to        —     infringement of Article 29(1)(a) of the Staff Regulations;
                                      interpret the evidence associ-
                                      ated with various goods and
                                                                           —     infringement of Article 45 of the Staff Regulations;
                                      services correctly and did not
                                      provide adequate reasoning.
                                                                           —     manifest error of assessment;
                                                                           —     breach of the principle that officials should have reason-
( 1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-                  able career prospects;
     munity trade mark (OJ L 11, p. 1).
                                                                           —     abuse of process;
                                                                           —     breach of the duty to provide reasons.
Action brought on 13 August 2002 by Carla Faita against
Economic and Social Committee of the European Com-                         Action brought on 16 August 2002 by E against Com-
                             munities                                                  mission of the European Communities
                         (Case T-248/02)                                                           (Case T-251/02)
                                                                                                   (2002/C 247/42)
                         (2002/C 247/41)
                                                                                              (Language of the case: French)
                   (Language of the case: French)
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
An action against the Economic and Social Committee of the                 European Communities on 16 August 2002 by E, residing in
European Communities was brought before the Court of First                 Brussels, represented by Laure Levi and Georges Vandersanden,
Instance of the European Communities on 13 August 2002                     lawyers.
by Carla Faita, residing in Brussels, represented by Albert
Coolen, Jean-Noël Louis and Etienne Marchal, lawyers.
                                                                           The applicant claims that the Court should:
                                                                           —     annul the decision of the appointing authority of
The applicant claims that the Court should:                                      29 August 2001 fixing the applicant’s place of origin and
                                                                                 place of recruitment as Brussels and refusing to grant her
—     annul the decisions of the Bureau of the Economic and                      the expatriation allowance, installation allowance, daily
      Social Committee of the European Communities to reject                     subsistence allowance, travel expenses and removal
      the applicant’s candidature for the post of head of the                    expenses relating to her taking up her duties at the
      Italian Translation and Transcription Division of the                      Commission on 16 July 2001.
      Logistics and Translation Directorate and to appoint
      another candidate to the post;                                       —     order the defendant to pay the costs.
 ---pagebreak--- 12.10.2002            EN                    Official Journal of the European Communities                                      C 247/27
Pleas in law and main arguments                                        —     Article 71 of the Staff Regulations;
                                                                       —     Articles 4, 5, 7, 8, 9, 10 and 17(2) of Annex VII to the
                                                                             Staff Regulations;
The applicant is contesting the appointing authority’s refusal
to consider that, during the reference period laid down in the         —     the general provisions implementing of the Commission
Staff Regulations and until she was recruited, she made London               Article 7(3) of Annex VII to the Staff Regulations;
the permanent or habitual centre of her interests with a view
to maintaining it there.                                               —     Article 7 of Annex V to the Staff Regulations;
                                                                       —     the Protocol on Privileges and Immunities of the Euro-
                                                                             pean Communities of 8 April 1965.
In support of her arguments, she alleges infringement of:
                                                                       Finally, the applicant claims that there has been a manifest
—     the principle of non-discrimination;                             error of assessment in the present case.