CELEX: C1997/331/42
Language: en
Date: 1997-11-01 00:00:00
Title: Action brought on 29 July 1997 by John Mellet against the Court of Justice of the European Communities (Case T-221/97)

C 331 /20            EN                   Official Journal of the European Communities                                     1 . 11 . 97
As regards the fundamental rights violated in this case,             He explains that a previous decision of the Administrative
reference is made to Article F of the Treaty on European             Committee of the Court of Justice of 14 June 1995 not to
Union as well as to the case-law of the European Court of            initiate the procedure leading to his establishment as a
Human Rights establishing that milk quota is a property              permanent official is the subject matter of proceedings
right entitled to due process protection in accordance with          pending before the Court of First Instance ( ! ). In the
Article 6 of the European Convention on Human Rights.                course of those proceedings, the defendant institution
In addition, this Court has expressly ruled that it is               contested the admissibility of the action on the ground
incompatible with respect for fundamental rights for a               that the contested decision was not an individuial decision
political institution to refuse to execute a judgment or             which adversely affected the applicant. Accordingly the
arbitral award given against it. Therefore, the                      applicant caused two further steps to be taken in order to
Commission's refusal to ensure that effect is properly               ensure that the substance of his case would be ruled upon:
given to the ruling of the Court of Justice in the                   ( 1 ) on 9 September 1996 he made a request of the
applicant's favour is as much a breach of fundamental                President of the Court (the appointing authority in the
rights as actions of Governments in comparable cases                 matter) under Article 90 ( 1 ) of the Staff Regulations to be
which the European Court of Human rights, vindicating                appointed as an established official; (2 ) by memorandum
fundamental rights and the rule of law, had robustly                 of 1 October 1996 the member to whom the applicant is
condemned .                                                          attached made a request of the President under the
                                                                     decision of the Administrative Meeting of the Court of
                                                                     Justice of 30 June 1976 which states, inter alia, that the
                                                                     appointment procedure may be initiated after three years'
                                                                     service on a proposal from the Member concerned .
Action brought on 29 July 1997 by John Mellet against
                                                                     By memorandum of 17 October 1996 the President
     the Court of Justice of the European Communities
                                                                     decided to refuse the request of 1 October 1996 and not
                       ( Case T-221/97)                              to organize an internal competition to appoint a driver as
                         ( 97/C 331 /42 )
                                                                     a permanent official. The applicant maintains that this
                                                                     decision :
               (Language of the case: English)
                                                                     — was adopted in breach of the essential procedural
                                                                           requirements contained in Article 25 of the Staff
An action against the Court of Justice of the European                     Regulations,
Communities was brought before the Court of First
Instance of the European Communities on 29 July 1997
by John Mellett, represented by Anthony M. Collins and
Brendan O'Donovan, with an address for service in                    — infringes general rules of law relating to the
Luxembourg at the applicant's home, 127 route de                           application of the Treaty establishing the European
Diekirch, Walferdange .                                                    Community, namely the- principles of equal treatment
                                                                           and of the protection of legitimate expectations, and
                                                                           the prohibition on the retroactive withdrawal of a
The applicant claims that the Court should:                                legal measure that confers individual rights, and
— annul the decision of the President of the Court of
    Justice of the European Communities of 17 October                — was adopted without taking proper account of his
    1996 refusing to open a competition to appoint a                       rights and legitimate interests.
    driver as a permanent official, and/or
— annul the decision of the President of the Court of
                                                                     By memorandum of 4 December 1996 the President
                                                                     refused the applicant's request to be appointed as an
    Justice of the European Communities of 4 December                established official on the ground that the 1976 decision
    1996 refusing to appoint him as a permanent official,
    and
                                                                     had not been applicable since 1994. The applicant states:
— award him the costs of these proceedings.                          — that the failure to apply the 1976 decision to him was
                                                                           made in error, and
Pleas in law and main arguments adduced in support:
                                                                     — that the decision infringes general rules of law relating
The applicant, the personal driver of one of the Members                   to the application of the Treaty establishing the
of the Court of Justice, challenges the refusal to open a                  European Community, namely the principles of equal
competition to appoint a driver as a permanent official                    treatment and of the protection of legitimate
and the refusal to appoint him as a permanent official.                    expectations, and the prohibition on the retroactive
 ---pagebreak--- 1 . 11 97             I EN I                   Official Journal of the European Communities                                   C 331 /21
     withdrawal of a            legal  measure     which     confers      Moreover, having made a report on the applicant's ability,
      individual rights .                                                 efficiency and conduct at the request of the members of
                                                                          the Joint Committee on Promotion, the applicant's
(') Case T-66/96 , Mellet v. Court of Justice ( OJ C 233 , 10 . 8 .       superior failed to put it in writing and submit it to him, to
     1996, p. 10 ).                                                       enable him to make observation and place it in his
                                                                          personal file .
                                                                          The applicant, who has suffered a state of anxiety and
                                                                          uncertainty for more than two years, has been deprived of
                                                                          an opportunity of having his candidature taken into
Action brought on 1 August 1997 by Christian Marion                       consideration, at the conclusion of a regular procedure,
          against the Economic and Social Committee                       for promotion to Grade C 4 . The assessor was obliged to
                          ( Case T-227/97)                                give reasons for his assessments, in order to allow the
                                                                          applicant to make observations and put forward pleas in
                            ( 97IC 331/43 )                               his defence .
                   (Language of the case: French)
                                                                          Finally, the applicant makes a damages claim for
                                                                          combined material and non-material damage .
An action against the Economic and Social Committee
was brought before the Court of First Instance of the
European Communities on 1 August 1997 by Christian
Marion, residing in Brussels, represented by Jean-Noel
Louis, Thierry Demaseure, Ariane Tornel and Fran^oise
Parmentier, all of the Brussels Bar, with an address for
service in Luxembourg at the offices of Fiduciaire Myson,
                                                                          Action brought on 18 August 1997 by 'E' against the
Sari, 30 Rue de Cessange.                                                                      European Parliament
                                                                                                 ( Case T-239/97)
The applicant claims that the Court should:
                                                                                                   ( 97/C 331 /44
— annul        the    decision     definitively   establishing   the
      applicant's staff report for the period 1992—1994,                                  (Language of the case: French)
— order the defendant to pay the applicant FB 250 000
      compensation for combined material and non-material                 An action against the European Parliament was brought
      damage,                                                              before the Court of First Instance of the European
                                                                           Communities on 18 August 1997 by 'E', represented by
                                                                           Claudine Junion, of the Brussels Bar, with an address for
— order the defendant to pay the costs .                                   service in Luxembourg at the Chambers of Georges
                                                                           Liolos, 6 Rue J. A. Muller.
 Pleas in law and main arguments adduced in support:
                                                                           The applicant claims that the Court should:
 The applicant, an official in Grade C 5 , alleges
 infringement of Articles 26 , 43 and 45 of the Staff
 Regulations, of Articles 6 and 7 of Decision 1001 /81 A of                — annul the decision of the European Parliament of
 the Economic and Social Committee laying down general                         5 November 1996, appointing the applicant to Grade
 provisions for implementing the Staff regulations as                          B 5 , Step 4,
 regards the periodic staff reports of officials, of the
 principle of sound administration, the duty to state
 reasons and the rights of the defence, and, finally, that                 — annul the decision impliedly rejecting the applicant's
 there has been a manifest error of assessment .                               complaint of 11 February 1997,
 He maintains that the Economic and Social Committee
 was at fault in taking 28 months to draw up his staff                     — order the European Parliament to reclassify the
 report for the period 1992 to 1994. By reason of that                         applicant as from the date of his appointment and
 fault, the Joint Committee on Promotion 1996 did not                          reconstitute his career bracket accordingly,
 have available the up-to-date staff report on the
 applicant's ability, efficiency and conduct for the
 promotion year 1996 .                                                     — order the European Parliament to pay the costs.