CELEX: C1997/181/34
Language: en
Date: 1997-06-14 00:00:00
Title: Action brought on 7 April 1997 by Jacques Verborgh against the Commission of the European Communities (Case T-91/97)

No C 181 / 18        EN                   Official Journal of the European Communities                                   14 . 6 . 97
lodged against the former decision . She points out in that          The applicant claims that the Court should:
regard that the competent director had proposed her
appointment to one of those three posts. Having filled two           — annul the Commission's decision of 12 June 1996
of the posts in question, the appointing authority adopted                rejecting the applicant's request that it give
the contested decision in consequence of the opening of an                consideration to the possible application of
investigation prompted by complaints .                                    Article 31 ( 2 ) of the Staff Regulations,
She advances the following pleas in support of her claims :
                                                                     — annul , in so far as may be necessary, the decision
                                                                          adopted by the Commission on 27 December 1996
— infringement of the provisions of Article 26 of the
                                                                          expressly rejecting the applicant's complaint,
    Staff Regulations and of Articles 6 and 10 of the
    European Convention for the Protection of Human
    Rights, in that the appointing authority took a                  — order the defendant to pay all the costs.
    decision which seriously affected her administrative
    situation on the basis of facts and documents which              Pleas in law and main arguments adduced in support:
    had not been placed on her personal file and which
    had not been communicated to her,
                                                                     The pleas in law and main arguments are the same as in
                                                                     Case T- 16/9 7 ( ] ).
— absence of any legal basis for the suspension decision,
    inasmuch as there exists no provision allowing for the           (') OJ No C 74, 8 . 3 . 1997, p . 27.
    possible suspension by the appointing authority, on
    any grounds whatever, of a procedure for promotion
    by way of application for a post which has been
    declared vacant,
— contradictory reasoning and manifest error of
    assessment. The applicant observes in that regard that           Action brought on 7 April 1997 by Susanne Nikolajsen
    the investigation is being conducted on the basis of                against the Commission of the European Communities
    acts committed by persons unknown, for which the                                           ( Case T-98/97 )
    applicant cannot, therefore, be held responsible to the
    extent of justifying the suspension of the procedure in                                     ( 97/C 181 /35 )
    issue . A decision based on facts which have not yet
    been established must necessarily arise from irregular                           (Language of the case: French)
    reasoning,
                                                                     An action against the Commission oj the European
— absence of a statement of reasons for the initial                  Communities was brought before the Court of First
    decision of the appointing authority, in that, although          Instance of the European Communities on 7 April 1997
    the reasons for rejecting an application for a post do           by Susanne Nikolajsen, residing in Brussels, represented by
    not have to be given until the stage when the                    Nicolas Lhoest, of the Brussels Bar, with an address for
    complaint is rejected, the position must be different            service in Luxembourg at the offices of Fiduciaire Myson
    where the appointing authority decides to suspend the            Sari , 30 Rue de Cessange .
    procedure for filling a post which has been declared
    vacant ,
                                                                     The applicant claims that the Court should:
— abuse of process and misuse of powers .
                                                                     — annul the Commission 's decision of 9 October 1996
                                                                          rejecting the applicant's request that it give
                                                                          consideration to the possible application of
                                                                          Article 31 ( 2 ) of the Staff Regulations,
Action brought on 7 April 1997 by Jacques Verborgh                   — annul, in so far as may be necessary, the decision
  against the Commission of the European Communities                      adopted by the Commission on 27 December 1996
                       ( Case T-91 /97 )                                  expressly rejecting the applicant's complaint,
                         ( 97/C 181 /34 )
                                                                     — order the defendant to pay all the costs .
               (Language of the case: French)
                                                                     Pleas in law and main arguments adduced in support:
An action against the Commission of the European
Communities was brought before the Court of First                    The pleas in law and main arguments are the same as in
Instance of the European Communities on 7 April 1997                 Case T-16/97 ( M.
by Jacques Verborgh, residing at Aalter ( Belgium ),
represented by Nicolas Lhoest, of the Brussels Bar, with an          O OJ No C 74 , 8 . 3 . 1997, p . 27 .
address for service in Luxembourg at the offices of
Fiduciaire Myson Sari , 30 Rue de Cessange.