CELEX: C2001/045/51
Language: en
Date: 2001-02-10 00:00:00
Title: Case T-378/00: Action brought on 19 December 2000 by Carmelo Morello against the Commission of the European Communities

C 45/24                EN                      Official Journal of the European Communities                                     10.2.2001
Pleas in law and main arguments                                           The applicants claims that the Court should:
The applicant states that he was informed in August 1999 of               —     annul the decision of 12 January 2000 rejecting the
his appointment to the post of head of unit DG XIII/G/2 and                     request submitted by Ms Dubigh on 24 September 1999
of his promotion to grade A3, but that the Director-General                     for the regularisation of her administrative situation by
for Personnel announced to him in February 2000 that he had                     the acknowledgement of her status as a temporary agent
decided to annul those decisions in the light of a complaint                    from 12 May 1997 and the conferment on her of the
submitted by an official who had also applied for the post in                   rights attaching thereto;
question. In the present proceedings, the applicant contests
that decision withdrawing his appointment and promotion.                  —     annul the decision of 12 January 2000 rejecting the
                                                                                request submitted by Ms Zaur-Gora on 24 September
He maintains that the decision which has been withdrawn:                        1999 for the regularisation of her administrative situation
                                                                                by the acknowledgement of her status as a temporary
—     was not adopted in breach of Article 45 of the Staff                      agent from 22 May 1997 and the conferment on her of
      Regulations of officials or of vacancy notices 07 of                      the rights attaching thereto;
      2 February 2000, inasmuch as those rules were scrupu-
      lously observed, having regard to the seniority criteria            —     order the defendant to pay the costs.
      needing to be fulfilled in order to qualify for promotion;
—     was not adopted on the basis of any manifest error of               Pleas in law and main arguments
      assessment in the examination of the comparative merits
      and staff reports of the candidates, or in breach of any of
      the vacancy notices in issue; and                                   The applicants state that, since 12 May and 22 May 1997
                                                                          respectively, they have performed, without interruption, the
—     is not vitiated by any misuse of powers on the part of the          same duties as secretaries/typists in the same units, working
      appointing authority.                                               successively as members of the interim staff and as members
                                                                          of the auxiliary staff. In their view, the formal nature of the
                                                                          contracts and the classification applied to them by the parties
In addition, as regards the contested decision, the applicant
                                                                          had no effect on the de facto circumstances.
pleads:
—     infringement of the right to a fair hearing;                        Thus, the tasks carried out by the applicants are characterised
                                                                          by their continuity; the duties performed by them have been
—     infringement of the obligation to provide a statement of            of a permanent nature.
      reasons;
—     infringement of the principle of the protection of legit-           In support of their claims, the applicants plead infringement
      imate expectations; and                                             of the principles of sound administration and proper staff
                                                                          management, together with a misuse of powers in the present
—     infringement of the principles of equal treatment, pro-             case.
      portionality and sound administration.
Action brought on 11 December 2000 by Danielle Dubigh                     Action brought on 19 December 2000 by Carmelo Mor-
and Tamara Zaur-Gora against the Commission of the                        ello against the Commission of the European Communi-
                     European Communities                                                                 ties
                         (Case T-375/00)                                                           (Case T-378/00)
                          (2001/C 45/50)                                                            (2001/C 45/51)
                    (Language of the case: French)
                                                                                             (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                An action against the Commission of the European Communi-
European Communities on 11 December 2000 by Danielle                      ties was brought before the Court of First Instance of the
Dubigh, residing in Brussels, and Tamara Zaur-Gora, residing              European Communities on 19 December 2000 by Carmelo
at Lodelinsart (Belgium), represented by Jean-Noël Louis and              Morello, residing in Brussels, represented by Jacques Sambon
Véronique Peere, of the Brussels Bar.                                     and Pierre-Paul Van Gehuchten, of the Brussels Bar.
 ---pagebreak--- 10.2.2001              EN                      Official Journal of the European Communities                                         C 45/25
The applicant claims that the Court should:                               Ajour and others, represented by Jean-Noël Louis and
                                                                          Véronique Peere, of the Brussels Bar.
—     annul the Commission’s decision appointing another
      person to post COM/001/00 COMP/D/3 ‘Trade and other                 The applicants claim that the Court should:
      services’, being a grade A3 head of unit post;
                                                                          —     annul the decisions of the Commission concerning the
—     annul the Commission’s decision rejecting the application                 drawing-up of the applicants’ pay slips in respect of the
      of the applicant for the post in question;                                arrears of remuneration due to them for the period from
                                                                                15 May to 31 December 1999 and their pay slips drawn
—     award the sum of 120 000 euro, subject to increase or                     up since January 2000, pursuant to Council Regulation
      decrease during the course of the proceedings, by way of                  No 2700/1999 of 17 December 1999 adjusting with
      compensation for the non-material damage suffered by                      effect from 1 July 1999 the remuneration and pensions
      the applicant as a result of the irregular or incomplete                  of officials and other servants of the European Communi-
      information gathered by the defendant in relation to the                  ties and the weightings applied thereto;
      applicant’s personal file and the state of uncertainty and
      worry in which he has been placed with regard to his                —     as regards the applicants to whom the decision of
                                                                                14 April 2000 is not addressed, annul the decisions of
      future career;
                                                                                the Commission concerning the drawing-up of their pay
—     award the sum of 25 000 euro, subject to increase or                      slips since January 2000;
      decrease during the course of the proceedings, by way of            —     order the defendant to pay the costs.
      compensation for the material damage suffered by the
      applicant as a result of his having been rejected as a
      candidate for the post to be filled and of his having thus          Pleas in law and main arguments
      lost an opportunity of promotion;
                                                                          The applicants in the present case are Commission officials or
—     order the Commission to pay all the costs.                          temporary staff seconded to the Food and Veterinary Office in
                                                                          Dublin. They have brought their action as a result of the
                                                                          application to them, with effect from 16 May 1999, of
Pleas in law and main arguments                                           the weightings referred to in Article 6(2) of Regulation
                                                                          No 2700/1999 (1).
The pleas in law and main arguments are similar to those in
                                                                          In the applicants’ view, the Commission has applied a weight-
Case T-376/00 Morello v Commission.
                                                                          ing which does not guarantee officials of the European
                                                                          Communities who are posted to Dublin a standard of living
                                                                          and purchasing power equivalent to that of officials working
                                                                          in Brussels.
                                                                          In support of their application, the applicants plead:
Action brought on 27 December 2000 by Agnès Ajour                         —     infringement of Articles 64 and 65a of the Staff Regu-
and others against the Commission of the European                               lations of officials of the European Communities and of
                           Communities                                          Annex XI to those Regulations, and breach of the
                                                                                principles of good management and sound adminis-
                         (Case T-384/00)                                        tration;
                                                                          —     breach of the principles of equal treatment, reasonable
                          (2001/C 45/52)                                        career prospects for all European officials and freedom of
                                                                                movement for workers.
                    (Language of the case: French)
                                                                          (1) Council Regulation (EC, ECSC, Euratom) No 2700/1999 of
                                                                              17 December 1999 adjusting with effect from 1 July 1999 the
An action against the Commission of the European Communi-                     remuneration and pensions of officials and other servants of the
ties was brought before the Court of First Instance of the                    European Communities and the weightings applied thereto (OJ
European Communities on 27 December 2000 by Agnès                             L 327 of 21.12.1999, p. 1).