CELEX: C2004/059/38
Language: en
Date: 2004-03-06 00:00:00
Title: Case T-409/03: Action brought on 11 December 2003 by Manuel Simões dos Santos against the Office for Harmonisation in the Internal Market

6.3.2004               EN                         Official Journal of the European Union                                            C 59/23
In this regard, she points out that the letter by which she was           Pleas in law and main arguments
notified of the contested decision bears the date of 20 January
2003, that is to say three days before the date on which the
oral test in question actually took place. That error was later           The applicant was an official of the European Parliament when
corrected.                                                                he was transferred to OHIM on 1st October 1998. By the
                                                                          contested decision, OHIM informed the applicant of his
                                                                          number of merit points for the 2002 promotion year. When
In support of her claims, the applicant pleads:                           calculating those points, OHIM limited the applicant’s length
                                                                          of service in the grade to five years and as a result did not take
—     breach of the notice of the competition in question and a           account of the period from 1 January 1991 to 31 October
      defect in the procedure, in that the selection board could          1993.
      not evaluate her on her oral abilities until it had
      interviewed her;
                                                                          In support of his claim for annulment, the applicant submits,
                                                                          firstly, that there was a breach of Article 1 of Decision ADM
—     misuse of powers given that the selection board was                 02-39 rev of OHIM concerning the career and promotion of
      biased;                                                             officials and temporary staff, and of the principles of legality,
                                                                          legal certainty and equal treatment. He submits, furthermore,
—     breach of the principle of equal treatment; and                     that that there was a breach of the Staff Regulations in so far
                                                                          as the principles applicable to transfers between institutions
—     breach of the requirement to state grounds for a decision.          were not adhered to and that the applicant’s legitimate
                                                                          expectations when he accepted the transfer were not upheld.
                                                                          The applicant submits, finally, that there was a breach of the
(1) [2002] ECR-SC I-A-37, II-161.                                         requirement to state the reasons for the disputed decision and
                                                                          of the principle of proportionality.
Action brought on 11 December 2003 by Manuel Simões                       Action brought on 18 December 2003 by Hoechst AG
dos Santos against the Office for Harmonisation in the                      against the Commission of the European Communities
                         Internal Market
                                                                                                   (Case T-410/03)
                        (Case T-409/03)
                                                                                                    (2004/C 59/39)
                          (2004/C 59/38)
                                                                                             (Language of the case: German)
                   (Language of the case: French)
                                                                          An action against the Commission of the European Communi-
An action against the Office for Harmonisation in the Internal            ties was brought before the Court of Justice of the European
Market (OHIM) was brought before the Court of First Instance              Communities on 18 December 2003 by Hoechst AG, Frankfurt
of the European Communities on 11 December 2003 by                        am Main (Germany), represented by M. Klusmann and V. Turn-
Manuel Simões dos Santos, resident in Alicante (Spain),                   er, lawyers.
represented by Antonio Creus Carreras, lawyer.
                                                                          The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                          —      annul the contested decision in so far as it concerns the
—     annul the implied decision of the Appointing Authority                     applicant;
      rejecting the complaint made by the applicant and the
      decision of 14 February 2003 fixing his initial number of           —      in the alternative, make an appropriate reduction in the
      merit points for the 2002 promotion year in so far as it                   amount of the fine imposed on the applicant in the
      limits his period of service in the European Parliament;                   contested decision;
—     order the defendant to pay all the costs of the case.               —      order the defendant to pay the costs.