CELEX: C2002/305/59
Language: en
Date: 2002-12-07 00:00:00
Title: Case T-310/02: Action brought on 30 September 2002 by Athanassios Theodorakis against Council of the European Union

C 305/28               EN                       Official Journal of the European Communities                                      7.12.2002
The applicant further takes issue with the supplementary fixing            applications was 18 March 2002. The Commission notified
of interest. The applicant invokes deferment of payment and                that vacancy notice to its staff on 14 March 2002. The
protection of legitimate expectations and raises the objection             deadline for the submission of applications, indicated in that
of misuse of powers. The Commission, it claims, did not make               publication, was 2 April 2002.
it clear during the period required by it for taking a decision
that it would be seeking increased interest for that period.
Instead, the Commission intimated that it would forego                     The applicant submitted his application after the deadline set
enforcement measures during its own decision-making period.                down in the Council’s vacancy notice expired, but before
The applicant regards the Commission’s decision as being at                the expiry of the deadline set down in the Commission’s
variance with this.                                                        publication. The applicant’s application was rejected by the
                                                                           Council as inadmissible.
( 1) The applicant has brought an action against that decision (Case
     T-239/01 SGL Carbon v Commission, OJ 2002 C 3, p. 34).                In support of his action, the applicant alleges breach of the
                                                                           principle of sound administration. According to the applicant,
                                                                           there cannot be contradictory decisions within a single admin-
                                                                           istrative authority and a single legal person, such as constituted
                                                                           by the European Communities. The applicant claims moreover
                                                                           that a more recent or more specific act, such as the Com-
                                                                           mission’s publication, prevails. In the applicant’s view, the
                                                                           principle of sound administration entails the application of the
Action brought on 30 September 2002 by Athanassios                         interpretation which is most plausible for the official.
     Theodorakis against Council of the European Union
                                                                           The applicant further alleges infringement of Article 29(1) of
                         (Case T-310/02)                                   the Staff Regulations and of Article 1(3) of Annex III to the
                                                                           Staff Regulations inasmuch as the same deadline did not apply
                                                                           to all the potential candidates, irrespective of which institution
                         (2002/C 305/59)
                                                                           they belonged to.
                    (Language of the case: French)
                                                                           Moreover, the result of applying the deadline in the Council’s
                                                                           vacancy notice was that officials of the Commission and the
                                                                           other institutions were discriminated against by comparison
An action against the Council of the European Union was                    with those of the Council inasmuch as officials at the Council
                                                                           had more time. Finally, the applicant alleges misuse of powers.
brought before the Court of First Instance of the European
Communities on 30 September 2002 by Athanassios Theodo-
rakis, residing in Uccle (Belgium), represented by Spyros
A. Pappas, lawyer.
The applicant claims that the Court should:
—      annul the decision of 10 July 2002 of the appointing                Action brought on 10 October 2002 by Vitaly Lissot-
       authority replying to his complaint of 24.05.2002;                  schenko and Joachim Hentze against the Office for
                                                                           Harmonisation in the Internal Market (Trade, Marks and
                                                                                                        Designs)
—      annul the decision of the appointing authority of the
       Council concerning the appointment of the RELEX
       Director General of the Council and recommence the                                          (Case T-311/02)
       selection procedure as initially requested by the applicant;
                                                                                                   (2002/C 305/60)
—      order the Council of the European Union to pay the costs.
                                                                                             (Language of the case: German)
Pleas in law and main arguments
                                                                           An action against the Office for Harmonisation in the Internal
The applicant is an official in the Commission. He submitted               Market (Trade, Marks and Designs) was brought before the
an application for the post of Director General at the Council.            Court of First Instance of the European Communities on
That post was published on 25 February 2002 in Vacancy                     10 October 2002 by Vitaly Lissotschenko, of Dortmund
Notice 412/02. The same day the Council sent that vacancy                  (Germany), and Joachim Hentze, of Werl (Germany), represent-
notice to the other institutions. The deadline for submitting              ed by B. Hein, Rechtsanwalt.