CELEX: C1998/397/63
Language: en
Date: 1998-12-19 00:00:00
Title: Action brought on 15 October 1998 by Maria Adelina Biasutto against the Council of the European Union (Case T-171/98)

C 397/32             EN                 Official Journal of the European Communities                                    19.12.98
Ð in so far as may be necessary, annul the implicit                The applicant claims that the Court should:
     rejection of the applicant's request, registered on
     27 May 1998, to be classified in grade A 4 with
     additional seniority in step in accordance with the           Ð declare unlawful the procedure to be followed in the
     Staff Regulations;                                                event of absence because of sickness, in force in the
                                                                       Council since 18 September 1997;
Ð order the defendant to pay the costs in any event.
                                                                   Ð annul the Council's decision to regard the applicant's
                                                                       absence from 9 to 22 February 1998 as unauthorised
Pleas in law and main arguments adduced in support:                    and to deduct that absence from her annual leave;
                                                                   Ð order the defendant to pay the costs.
The applicant maintains that, by appointing him to grade
A 5, step 5, instead of grade A 4 with additional seniority
in step, the appointing authority failed to take into              Pleas in law and main arguments adduced in support:
account his professional experience and specialist skills; it
omitted to undertake any real examination of the
applicant's situation and thereby infringed the second             The applicant submits, first, that the defendant failed to
paragraph of Article 5(1), Article 5(3), the second                comply in the present case with the procedure to be
paragraph of Article 25 and Articles 31 and 32 of the              followed in the event of absence because of sickness or
Staff Regulations, as well as Annex I thereto.                     accident' which it itself introduced and brought to the
                                                                   notice of staff by Communication No 117/97 of
                                                                   18 September 1997.
In addition, the contested decisions in breach of the 1983
decision concerning the criteria applicable to appointment
in grade and classification in step on recruitment as              She further contests the lawfulness of that implementing
amended on 7 February 1986.                                        provision, in that it provides, in the event of a dispute
                                                                   concerning the conclusions of the medical examination,
                                                                   for an arbitration procedure' which disregards the rights
Furthermore, the appointing authority is required by               of defence of the person concerned, since it does not allow
general principles to apply equal treatment to the                 him to designate the doctor of his choice to safeguard his
situations of officials and to take administrative decisions       rights and interests by his presence.
which are based on proper grounds, that is to say, not
vitiated by manifest errors of law or of fact.
                                                                   In the applicant's opinion, where the administration has
                                                                   before it such a dispute, it is obliged to refer the matter to
Finally, the applicant pleads breach of the principle of the       an invalidity committee, in accordance with Article 59(3)
protection of legitimate expectations and misuse of                of the Staff Regulations.
powers.
                                                                   The applicant submits, finally, that the contested decisions
                                                                   lack any statement of reasons.
Action brought on 15 October 1998 by Maria Adelina
    Biasutto against the Council of the European Union
                       (Case T-171/98)                             Action brought on 26 October 1998 by Zino Davidoff SA
                                                                   and Davidoff and Cie SA against the European Parliament
                        (98/C 397/63)                                        and the Council of the European Union
                                                                                         (Case T-177/98)
               (Language of the case: French)                                              (98/C 397/64)
An action against the Commission of the European                                 (Language of the case: German)
Communities was brought before the Court of First
Instance of the European Communities on 15 October
1998 by Maria Adelina Biasutto, residing in Brussels,              An action against the European Parliament and the
represented by Jean-NoeÈl Louis and FrancËoise Parmentier,         Council of the European Union was brought before the
of the Brussels Bar, with an address for service in                Court of First Instance of the European Communities on
Luxembourg at the Office of Fiduciaire Myson SARL, 30              26 October 1998 by Zino Davidoff SA and Davidoff and
Rue de Cessange.                                                   Cie SA, of Fribourg and Geneva (Switzerland), represented