CELEX: C1998/327/54
Language: en
Date: 1998-10-24 00:00:00
Title: Action brought on 10 August 1998 by Francis Panichelli against the European Parliament (Case T-130/98)

24.10.98              EN                 Official Journal of the European Communities                                 C 327/31
Action brought on 10 August 1998 by Francis Panichelli              According to the applicant, the first ground for complaint
               against the European Parliament                      is that by not promoting him to Grade A 4, the defendant
                                                                    manifestly breached the conditions of his recruitment, and
                       (Case T-130/98)                              the rules it imposed on itself.
                         (98/C 327/54)
                                                                    The second ground is that the appointing authority failed
                (Language of the case: French)                      to draw up the applicant's staff reports, in breach of the
                                                                    aforementioned rules and principles, thus preventing the
                                                                    committee responsible for deciding on promotions from
                                                                    carrying out an objective examination of the applicant's
An action against the European Parliament was brought               file and ensuring a genuine comparison of the merits of
before the Court of First Instance of the European                  each of the members of staff concerned, thus depriving the
Communities on 10 August 1998 by Francis Panichelli,                applicant of numerous career opportunities within the
residing in Wezembeek-Oppem (Belgium), represented by               institution.
Eric Boigelot, of the Brussels Bar, with an address for
service in Luxembourg at the Chambers of Louis Schiltz, 2
Rue du Fort Rheinsheim.
                                                                    The applicant concludes that he has suffered considerable
                                                                    material loss as a result of those procedural flaws since,
                                                                    on the one hand, his remuneration is lower than what he
The applicant claims that the Court should:                         could reasonably have anticipated and, on the other, he is
                                                                    denied any further promotion from the new grade and
                                                                    step which he could have held. Ex aequo et bono, that
                                                                    loss, both material and non-material, is reasonably
Ð annul the implicit decision rejecting the request                 estimated at BEF 250 000.
    submitted by him on 11 July 1997, as a result of
    which he was not classified in Grade A 4 with effect
    from 1 January 1993, was not granted the promotion
    he requested and his staff reports for the periods
    1993Ð1994 and 1995Ð1996 were not drawn up;
                                                                    Action brought on 12 August 1998 by Francis Panichelli
Ð annul the implicit rejection on 26 January 1998 of the
                                                                                   against the European Parliament
    complaint he submitted against the implicit decision
    rejecting his requests of 11 July 1997;                                                 (Case T-131/98)
                                                                                             (98/C 327/55)
Ð order the defendant to pay him           the sum of BEF
    250 000, subject to amendment in       the course of the
    proceedings, by way of damages         in respect of his                        (Language of the case: French)
    aggregate material and non-material    loss;
                                                                    An action against the European Parliament was brought
Ð order the defendant to pay all the costs in any event.            before the Court of First Instance of the European
                                                                    Communities on 12 August 1998 by Francis Panichelli,
                                                                    residing in Wezembeek-Oppem (Belgium), represented by
                                                                    Eric Boigelot, of the Brussels Bar, with an address for
Pleas in law and main arguments adduced in support:                 service in Luxembourg at the Chambers of Louis Schiltz, 2
                                                                    Rue du Fort Rheinsheim.
The applicant, a member of the temporary staff in Grade
A 5, had requested the reclassification of his post as Grade        The applicant claims that the Court should:
A 4 with effect from 1 January 1993 and, in the event of
refusal, written notification of the reasons why the
undertaking to that effect given by the Party of European
Socialists at the time of his recruitment was not respected         Ð annul the decision of the Bureau of the Group of
and, in the alternative, re-examination of the list of                   the Party of European Socialists terminating the
proposed promotions for 1997, which was drawn up in                      applicant's contract as a member of the temporary
breach of Article 6.1.2 of the internal rules of the party's             staff with effect from the evening of 2 October 1998,
secretariat, inter alia because no staff reports were drawn              communicated to the applicant on 2 July 1998 by a
up for the periods 1993Ð1994 and 1995Ð1996.                              letter from the President of the Party of European