CELEX: C2002/323/59
Language: en
Date: 2002-12-21 00:00:00
Title: Order of the President of the Court of First Instance of 27 September 2002 in Case T-236/02 R: Luigi Marcuccio v Commission of the European Communities (Proceedings for interim relief — Officials — Decision to reassign — Urgency — None)

C 323/36               EN                       Official Journal of the European Communities                                    21.12.2002
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                               The applicant claims that the Court should:
                            INSTANCE
                                                                           —     annul the decision of 26 November 2001 of the Secretary
                     of 27 September 2002                                        General of the Commission, David O’Sullivan, to assign
                                                                                 the applicant as adviser ad personam in the SG/F/1 Unit
                                                                                 ‘Institutional development of the Union and Governance’
in Case T-236/02 R: Luigi Marcuccio v Commission of the
                                                                                 and that of 19 February 2002 to assign him, following
                    European Communities
                                                                                 the reorganisation of the Secretariat General of the
                                                                                 Commission, to SG/TF/AU 2;
(Proceedings for interim relief — Officials — Decision to
                 reassign — Urgency — None)
                                                                           —     annul the decisions of the Commission rejecting his
                                                                                 application for the post of A 3 heads of unit in SG/B/2
                         (2002/C 323/59)                                         ‘Openness, access to documents, relations with civil
                                                                                 society’ and appointing another person to that post;
                   (Language of the case: Italian)
                                                                           —     order the defendant to pay the costs.
In Case T-236/02 R: Luigi Marcuccio, an official of the
Commission of the European Communities, residing in Tricase,
Italy, represented by L. Garofalo, lawyer, against Commission
of the European Communities (Agents: C. Berardis-Kayser and                Pleas in law and main arguments
A. Dal Ferro) — application for an order (1) staying execution
of the decision reassigning an A 7/A 6 post, and its holder
Mr Luigi Marcuccio, in the Directorate-General for Develop-
ment, Delegation of the Commission to Luanda, Angola, to                   The applicant, an official in Grade A 4 at the Commission,
the Directorate-General for Development in Brussels and (2)                claims that it was unlawful for him not to have been appointed,
immediately reassigning Mr Marcuccio to the duties for which               as a priority, to the first vacant post as head of unit for which
he was previously responsible in the delegation — the President            he was qualified. Furthermore, the applicant was unlawfully
of the Court of First Instance made an order on 27 September               assigned, as adviser ad personam, to Unit SG/f.1 and, sub-
2002, in which he:                                                         sequently, to Unit SG/TF-AU 2. He claims that the duties
                                                                           carried out at present by the him since the adoption of the
                                                                           contested decisions do no correspond to the duties usually
1.    Dismissed the application for interim relief;                        carried out by an official in Grade A 4.
2.    Ordered that costs be reserved.
                                                                           In support of his claim he alleges:
                                                                           —     breach of redeployment procedure;
                                                                           —     breach of the procedure for filling vacant posts at middle-
Action brought on 27 September 2002 by Renaud Denuit                             management level;
    against Commission of the European Communities
                                                                           —     breach of the principle that officials should have reason-
                         (Case T-306/02)                                         able career prospects;
                         (2002/C 323/60)
                                                                           —     infringement of Article 45 of the Staff Regulations;
                   (Language of the case: French)
                                                                           —     manifest error of assessment;
                                                                           —     breach of the obligation to state the reasons on which
An action against the Commission of the European Communi-                        decisions are based.
ties was brought before the Court of First Instance of the
European Communities on 27 September 2002 by Renaud
Denuit, residing in Brussels, represented by Albert Coolen,
Jean-Noël Louis and Etienne Marchal, avocats.