CELEX: C2000/211/50
Language: en
Date: 2000-07-22 00:00:00
Title: Case T-136/00: Action brought on 19 May 2000 by Carmelo Morello against Commission of the European Communities

C 211/24               EN                      Official Journal of the European Communities                                    22.7.2000
— Award the applicant the sum of BEF 1 million, or such                   The applicant claims that the Court of First Instance should:
     greater or lesser sum as may be determined in the course
     of the proceedings, in respect of compensation for the               — Annul the Commission decision to appoint another official
     non-material damage suffered by the applicant as a result                to post COM/070/99 IV/2 ‘Automobiles, other means of
     of the inappropriate or incomplete information compiled                  transport and related mechanical construction’, being an
     by the defendant in relation to the applicant’s individual               A5 - A4 Head of Unit post;
     file, and the state of uncertainty and anxiety in which he
     was kept regarding his professional future;                          — Annul the Commission decision not to accept the applican-
                                                                              t’s application for post COM/070/99 IV/2 ‘Automobiles,
— Award the applicant the sum of BEF 1 million, or such                       other means of transport and related mechanical construc-
     greater or lesser sum as may be determined in the course                 tion’, being an A5 - A4 Head of Unit post, and all the
     of the proceedings, in respect of compensation for his                   measures preparatory to that decision which themselves
     being rejected for that vacant post and, therefore, the loss             proved to be improper;
     of any chance of promotion;
                                                                          — Award the applicant the sum of BEF 1 million, or such
— Order the defendant to pay the costs.                                       greater or lesser sum as may be determined in the course
                                                                              of the proceedings, in respect of compensation for the
                                                                              non-material damage suffered by the applicant as a result
Contentions and principal arguments                                           of the inappropriate or incomplete information compiled
                                                                              by the defendant in relation to the applicant’s individual
                                                                              file, and the state of uncertainty and anxiety in which he
The applicant contests the rejection by the appointing auth-
                                                                              was kept regarding his professional future;
ority of his application for a post of Head of Unit, Grade A 3.
                                                                          — Award the applicant the sum of BEF 1 million, or such
In support of his claims, the applicant alleges infringement:                 greater or lesser sum as may be determined in the course
                                                                              of the proceedings, in respect of compensation for his
— of Article 25 of the Staff Regulations and of the obligation                being rejected for that vacant post and, therefore, the loss
     to state reasons;                                                        of any chance of promotion;
— of Article 45 of the Staff Regulations;                                 — Order the defendant to pay the costs.
— of the promotion procedure and of the principle of equal
     treatment;                                                           Contentions and principal arguments
— of Article 7 of the Staff Regulations.
                                                                          The contentions and principal arguments adduced in support
                                                                          are the same as those relied on in Case T-135/00 Morello v
The applicant also claims that the contested decision is vitiated         Commission.
by a manifest error of assessment and misuse of power.
Action brought on 19 May 2000 by Carmelo Morello                          Action brought on 25 May 2000 by Sylvia Haupt against
    against Commission of the European Communities                               the Commission of the European Communities
                         (Case T-136/00)                                                          (Case T-143/00)
                         (2000/C 211/50)                                                          (2000/C 211/51)
                    (Language of the case: French)                                           (Language of the case: French)
An action against the Commission of the European Communi-                 An action against the Commission of the European Communi-
ties was brought before the Court of First Instance on 19 May             ties was brought before the Court of First Instance of the
2000 by Carmelo Morello, residing in Brussels, represented by             European Communities on 25 May 2000 by Sylvia Haupt,
Jacques Sambon and Pierre Paul Van Gehuchten, of the Brussels             residing in Brussels, represented by Jean-Noël Louis and
Bar.                                                                      Véronique Peere, of the Brussels Bar.