CELEX: C1997/331/43
Language: en
Date: 1997-11-01 00:00:00
Title: Action brought on 1 August 1997 by Christian Marion against the Economic and Social Committee (Case T-227/97)

1 . 11 97             I EN I                   Official Journal of the European Communities                                   C 331 /21
     withdrawal of a            legal  measure     which     confers      Moreover, having made a report on the applicant's ability,
      individual rights .                                                 efficiency and conduct at the request of the members of
                                                                          the Joint Committee on Promotion, the applicant's
(') Case T-66/96 , Mellet v. Court of Justice ( OJ C 233 , 10 . 8 .       superior failed to put it in writing and submit it to him, to
     1996, p. 10 ).                                                       enable him to make observation and place it in his
                                                                          personal file .
                                                                          The applicant, who has suffered a state of anxiety and
                                                                          uncertainty for more than two years, has been deprived of
                                                                          an opportunity of having his candidature taken into
Action brought on 1 August 1997 by Christian Marion                       consideration, at the conclusion of a regular procedure,
          against the Economic and Social Committee                       for promotion to Grade C 4 . The assessor was obliged to
                          ( Case T-227/97)                                give reasons for his assessments, in order to allow the
                                                                          applicant to make observations and put forward pleas in
                            ( 97IC 331/43 )                               his defence .
                   (Language of the case: French)
                                                                          Finally, the applicant makes a damages claim for
                                                                          combined material and non-material damage .
An action against the Economic and Social Committee
was brought before the Court of First Instance of the
European Communities on 1 August 1997 by Christian
Marion, residing in Brussels, represented by Jean-Noel
Louis, Thierry Demaseure, Ariane Tornel and Fran^oise
Parmentier, all of the Brussels Bar, with an address for
service in Luxembourg at the offices of Fiduciaire Myson,
                                                                          Action brought on 18 August 1997 by 'E' against the
Sari, 30 Rue de Cessange.                                                                      European Parliament
                                                                                                 ( Case T-239/97)
The applicant claims that the Court should:
                                                                                                   ( 97/C 331 /44
— annul        the    decision     definitively   establishing   the
      applicant's staff report for the period 1992—1994,                                  (Language of the case: French)
— order the defendant to pay the applicant FB 250 000
      compensation for combined material and non-material                 An action against the European Parliament was brought
      damage,                                                              before the Court of First Instance of the European
                                                                           Communities on 18 August 1997 by 'E', represented by
                                                                           Claudine Junion, of the Brussels Bar, with an address for
— order the defendant to pay the costs .                                   service in Luxembourg at the Chambers of Georges
                                                                           Liolos, 6 Rue J. A. Muller.
 Pleas in law and main arguments adduced in support:
                                                                           The applicant claims that the Court should:
 The applicant, an official in Grade C 5 , alleges
 infringement of Articles 26 , 43 and 45 of the Staff
 Regulations, of Articles 6 and 7 of Decision 1001 /81 A of                — annul the decision of the European Parliament of
 the Economic and Social Committee laying down general                         5 November 1996, appointing the applicant to Grade
 provisions for implementing the Staff regulations as                          B 5 , Step 4,
 regards the periodic staff reports of officials, of the
 principle of sound administration, the duty to state
 reasons and the rights of the defence, and, finally, that                 — annul the decision impliedly rejecting the applicant's
 there has been a manifest error of assessment .                               complaint of 11 February 1997,
 He maintains that the Economic and Social Committee
 was at fault in taking 28 months to draw up his staff                     — order the European Parliament to reclassify the
 report for the period 1992 to 1994. By reason of that                         applicant as from the date of his appointment and
 fault, the Joint Committee on Promotion 1996 did not                          reconstitute his career bracket accordingly,
 have available the up-to-date staff report on the
 applicant's ability, efficiency and conduct for the
 promotion year 1996 .                                                     — order the European Parliament to pay the costs.