CELEX: C2002/289/64
Language: en
Date: 2002-11-23 00:00:00
Title: Case T-294/02: Action brought on 25 September 2002 by Miguel Vicente-Núñez against Commission of the European Communities

23.11.2002             EN                      Official Journal of the European Communities                                     C 289/35
Action brought on 25 September 2002 by Miguel Vicente-                           has or will have received since 1 April 2000 as pay and
Núñez against Commission of the European Communities                             subsequently as retirement pension, in view of his
                                                                                 classification as Grade A5/3+1 on 1 April 2000, and the
                                                                                 total of the amounts which he should have received, on
                        (Case T-294/02)                                          the same grounds and during the same period had he
                                                                                 been reclassified in Grade A5/2+6 on 1 April 1998,
                                                                                 minus, if appropriate, the compensation already paid to
                        (2002/C 289/64)                                          the applicant for the same reason;
                                                                          In any event:
                   (Language of the case: French)
                                                                          —      order the Commission to pay to the applicant
                                                                                 EUR 5 000 as compensation for the non-material damage
                                                                                 caused to him by the unlawful nature of the contested
                                                                                 decisions;
An action against the Commission of the European Com-                     —      order the Commission to pay the costs.
mission was brought before the Court of First Instance of the
European Communities on 25 September 2002 by Miguel
Vicente-Núñez, residing in Krainem (Brussels), represented by
Marc-Albert Lucas, lawyer.                                                Pleas in law and main arguments
                                                                          The applicant in the present case, like the applicant in Case
The applicant claims that the Court should:                               T-10/99 (1), challenges the manner in which, in compliance
                                                                          with the judgment delivered in that case, the appointing
                                                                          authority finally decided to appoint him to Grade A 5, Step 3,
—    annul the decision of 17 October 2001 of the appointing              while fixing his period of service in that grade by reference to
     authority to promote the applicant to Grade A5/3+1 with              1 March 2000 rather than to 1 April 1998.
     effect from 1 April 2000 rather than to Grade A5/2+6
     on 1 April 1998;
                                                                          In support of his arguments, the applicant puts forward a
                                                                          single plea in law in which he alleges breach of the obligation
—    order the Commission to pay to the applicant by way of               to comply with the aforementioned judgment and of the
     compensation for the harm done to his career arising                 principles of equal treatment and that officials should have
     from the contested decisions an amount corresponding                 reasonable career prospects, inasmuch as the contested
     to the difference between the total remuneration received            decision leaves in place, for the period between 1 April 1998
     since 1 April 2000 until the judgment in the present case            and 1 March 2000, certain unlawful aspects criticised by the
     is delivered and the total remuneration which he should              Court of First Instance, by placing him in a less favourable
     have received during the same period if he had been                  position than his colleagues who were promoted to Grade A 5
     reclassified to Grade A5/2+6 on 1 April 1998, minus, if              during the 1998 promotion procedure for promotion from
     appropriate, the compensation already paid to the appli-             one career bracket to the next and by reducing his chances of
     cant for the same reason;                                            being promoted earlier to a higher grade.
—    order the Commission to pay to the applicant default                 (1 ) T-10/99 Vicente Núñez v Commission [2000] ECR-SC I-A-47; II-
     interest at the rate of 8 % per annum on that amount,                     203.
     with effect from the date on which that remuneration
     should have been paid to him until full payment.
In the alternative:
                                                                          Action brought on 27 September 2002 by Koninklijke
—    annul the decision of 11 June 2002 of the appointing                 BAM NBM N.V. v Commission of the European Communi-
     authority following the administrative complaint of                                                   ties
     30 January 2002 inasmuch as it grants the applicant
     compensation of EUR 1 000 for non-material damage
     and harm to his career which leaves in place its decision                                      (Case T-295/02)
     of 17 October 2001 to promote him to Grade A5/3+1
     on 1 April 2000 rather than to Grade A5/2+6 on 1 April                                         (2002/C 289/65)
     1998;
                                                                                               (Language of the case: Dutch)
—    order the Commission to pay to the applicant, by way of
     making good the non-material damage caused to him as
     a result of the contested decisions, an amount correspond-           An action against Commission of the European Communities
     ing to the difference between the total of the amounts he            was brought before the Court of First Instance of the European