CELEX: C1997/142/42
Language: en
Date: 1997-05-10 00:00:00
Title: Action brought on 3 March 1997 by Isabelle Adine-Blanc against Commission of the European Communities (Case T-43/97)

10 . 5 . 97             EN                    Official Journal of the European Communities                              No C 142/ 19
by Marc-Albert Lucas, of the Liege Bar, with an address                  — order the defendant to pay the applicant one ecu as
for service in Luxembourg at the Chambers of Evelyne                          token damages in respect of non-material damage,
Korn, 21 Rue de Nassau .
                                                                         — order the defendant to pay the costs.
The applicant claims that the Court should:
                                                                         Pleas in law and main arguments adduced in support:
— annul the Commission's decision of 20 June 1996
     rejecting the applicant's request of 12 March 1996
                                                                         The applicant objects to the reduction to three months of
     that she be regraded,
                                                                         her contract as a member of the auxiliary staff in
                                                                         category A in the service of the defendant. She states that
— annul, in so far as may be necessary, the Commission's                 the offer of employment, notified by letter of 30 April
     decision of 22 November 1996 rejecting her                          1 996, expressly referred to a term of 36 months . However,
     administrative complaint of 10 July 1996,                           on the following 7 May, she presented herself at the
                                                                         recruitment department where a contract for the term to
— order the Commission to pay the costs .
                                                                         which she objects was presented to her. In those
                                                                         circumstances, it was only five weeks before the expiry of
                                                                         that three-month contract that the defendant informed her
Pleas in law and main arguments adduced in support:                      that the offer of employment on the basis of which she
                                                                         made essential family, financial and professional
The pleas in law and main arguments are the same as in                   arrangements had lapsed as a result of a 'typing error'.
Case T-16/97 ( M.
                                                                         In support of her claims, the applicant alleges, first,
(') OJ No C 74, 8 . 3 . 1997, p . 27.                                    breach of the principle of the protection of legitimate
                                                                         expectations and of the duty to have regard for the
                                                                         welfare of officials. She considers that, in view of the
                                                                         duration of the contract at issue, the administration 's
                                                                         slowness in examining the problems associated with one
                                                                         of the decisive factors prompting her acceptance of the
                                                                         offer, namely the duration of the contract, is manifestly
Action brought on 3 March 1997 by Isabelle Adine-Blanc                   contrary to the principle of legal certainty and the
     against Commission of the European Communities                      principle of the protection of legitimate expectations
                          ( Case T-43/97)                                which any party to a contract is entitled to rely on as
                                                                         regards the conduct of the other party. In her opinion, it is
                            ( 97/C 142/42 )
                                                                         unacceptable for one of the parties unilaterally to change
                                                                         one of the essential features of a bilateral contract during
                (Language of the case: French)                           its currency, particularly on which was decisive in bringing
                                                                         about the consent of the other party to it. Even if —
An action against the Commission of the European                         although that was not the case — a typing error misled
Communities was brought before the Court of First                        the applicant, it was incumbent on the administration to
Instance on 3 March 1997 by Isabelle Adine-Blanc,                        take immediate action to rectify matters .
residing in Paris, represented by Jean-Noel Louis, Thierry
Demaseure and Ariane Tornel, of the Brussels Bar, with an                The applicant also alleges breach of the principles of
address for service in Luxembourg at the office of                       sound administration and good management.
Fiduciaire Myson Sari, 30 Rue de Cessange .
The applicant claims that the Court should:
— annul the Commission decision changing the duration
     of her contract as a member of the auxiliary staff of               Action brought on 3 March 1997 by Piera Ghignone and
     the 'Industrial Policy' Directorate-General, 'Legislation                  Others against Council of the European Union
     and     standarization        and    telematics     networks '                               Case T-44/97 )
     Directorate, ' Quality, certification and conformity
                                                                                                 ( 97/C 142/43 )
     marking' Unit ( DG.III.3P.4 ), offered by letter of
     30 April 1996 ,
                                                                                        (Language of the case: French)
— order the defendant to pay the applicant the
     remuneration to which she is entitled as a member of                An action against the Council of the European Union was
     the auxiliary staff for the period of 36 months                     brought before the Court of First Instance on 3 March
     indicated in the contract, plus interest at the rate of             1997 by Piera Ghignone, Helga Glassl, Colette Jemaa,
     8 % per annum, subject to deduction of any sums                     Enrica Massucco, Giovanni di Maio, Rene Franquinet,
     received and those which may be received by way of                  Klaus-Dietrich Jagstaidt, Michel Perillat, residing in
     remuneration in the same period,                                    Geneva, Jacques Brodin, residing in Tannay ( Switzerland ),