CELEX: C2002/056/34
Language: en
Date: 2002-03-02 00:00:00
Title: Case T-327/01: Action brought on 21 December 2001 by Luciano Lavagnoli against Commission of the European Communities

2.3.2002                 EN                     Official Journal of the European Communities                                       C 56/19
In that decision, the Commission explains that, in 1993, when              Pleas in law and main arguments
examining previous requests by the applicant for co-financing,
it concluded that the applicant was not eligible for such co-
financing inasmuch as it did not meet the applicable criteria,             In support of his arguments, the applicant alleges infringement
and that once the competent departments declare an NGO                     of the general provisions implementing Article 43 of the Staff
to be ineligible for Community co-financing that decision                  Regulations, breach of the principle of sound administration
automatically results in the rejection of any projects sub-                and of the duty to have regard for the welfare of officials. In
sequently submitted, until such time as the NGO meets the                  particular, the procedure for drawing up the staff report was
eligibility criteria. In the applicant’s view, that approach is not        considerably delayed and was followed without consulting the
in conformity either with European Union law or with the                   ad hoc group, which was essential in view of the union duties
principles of sound administration.                                        undertaken by the applicant.
The applicant also states that the Commission has constantly
maintained, both in the contested decision and in the course
of the procedure which took place before the European
Ombudsman following the complaints lodged by the appli-                    Action brought on 21 December 2001 by Tony Robinson
cant, that the applicant had acted fraudulently in order                       against Commission of the European Communities
to obtain financing funds. The applicant asserts that that
assessment is unfounded and that the contested decision is                                         (Case T-328/01)
therefore unjustified.
                                                                                                    (2002/C 56/35)
                                                                                              (Language of the case: French)
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 21 December 2001 by Tony
Action brought on 21 December 2001 by Luciano Lavag-                       Robinson, residing in Brussels, represented by Eric Boigelot,
  noli against Commission of the European Communities                      lawyer.
                                                                           The applicant claims that the Court should:
                           (Case T-327/01)
                                                                           —     annul the decision taken at the meeting of the Bureau of
                            (2002/C 56/34)                                       the ESP Parliamentary Group on 6 and 7 March 2001 in
                                                                                 Brussels to the effect that, on the proposal of the
                                                                                 Secretary-General, the Bureau decided to promote two
                     (Language of the case: French)                              persons other than the applicant to Grade A 3 with effect
                                                                                 from 1 March 2001;
                                                                           —     compensate the applicant to the tune of EUR 10 000;
An action against the Commission of the European Communi-                  —     order the defendant to pay the costs.
ties was brought before the Court of First Instance of the
European Communities on 21 December 2001 by Luciano
Lavagnoli, residing in Berchem (Grand Duchy of Luxembourg),                Pleas in law and main arguments
represented by Gilles Bounéou, lawyer.
                                                                           In support of his arguments, the applicant alleges infringement
                                                                           of Article 45 of the Staff Regulations and infringement of the
The applicant claims that the Court should:                                rules of procedure of the secretariat of the socialist group, as
                                                                           well as breach of general principles of law such as the
—     grant the applicant BEF 500 000 (EUR 12 396,49) by                   principles of sound administration, the protection of legitimate
      way of damages in compensation for non-material dam-                 expectations, legal certainty and equal treatment. Furthermore,
      age caused as a result of the failure, to date, to draw up a         the applicant alleges error of assessment, misuse of powers
      definitive staff report for the period 1 July 1997 to                and ultra vires. According to the applicant, consideration of his
      30 June 1999;                                                        merits should have necessarily resulted in his promotion rather
                                                                           than in that of the persons promoted by way of the contested
                                                                           decision.
—     make an appropriate order as to costs ordering the
      defendant to pay the costs and fees.