CELEX: C2002/003/85
Language: en
Date: 2002-01-05 00:00:00
Title: Case T-281/01: Action brought on 8 November 2001 by Hubert Huygens against Commission of the European Communities

5.1.2002              EN                      Official Journal of the European Communities                                         C 3/49
Pleas in law and main arguments                                          —     annul the decision of the Director of the OPOCE, in
                                                                               his capacity as appointing authority, concerning the
                                                                               promotion of the four officials of the Publications Office
                                                                               in the 2000 promotions procedure, published in the
The applicant in the present case objects to the delay with                    Administrative Notices of 6 April 2000;
which the appointing authority drew up his staff report for the
periods 1995 to 1997 and 1997 to 1999. That delay, in his
view, played a decisive role in his failure to be promoted to
Grade B 1.                                                               —     order the Commission to pay all the costs.
In support of his application, the applicant pleads infringement
of the first paragraph of Article 43 of the Staff Regulations,
the general provisions implementing it and breach of the
principle of sound administration. The applicant also pleads
failure to fulfil the duty to have regard for the welfare of             Pleas in law and main arguments
officials.
                                                                         The applicant seeks, first, compensation for the damage
                                                                         suffered as a result of substantial delay, attributable to the
                                                                         administration, in the reporting procedure for the period
                                                                         1997/1999. He points out in that respect that the reporting
                                                                         procedure should normally have started on 1 April 1999 and
                                                                         ended before 31 December 1999, whereas in fact it did not
Action brought on 8 November 2001 by Hubert Huygens                      commence until December 1999 and was not completed
    against Commission of the European Communities                       until April 2000. Meanwhile, the promotions committee had
                                                                         finished its work, without being in possession of a complete
                                                                         and definitive staff report on the applicant and, at the
                         (Case T-281/01)                                 conclusion of the procedure, the applicant was not promoted
                                                                         to Grade B 1. The applicant is of the view that the fact that the
                                                                         administration did not draw up his staff report in time
                          (2002/C 3/85)                                  constitutes an administrative fault which caused him material
                                                                         damage, inasmuch as the progress of his career may be affected
                                                                         by it, and non-material damage relating to the state of
                   (Language of the case: French)                        uncertainty and unease in which he finds himself with regard
                                                                         to his professional future.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the               Secondly, the applicant contests the Commission’s decision
European Communities on 8 November 2001 by Hubert                        not to promote him and the decisions to promote 54 other
Huygens, residing in Olm (Luxembourg), represented by Sylvie             officials, claiming:
Nyssens, lawyer, with an address for service in Luxembourg.
                                                                         —     infringement of Articles 26, 43 and 45 of the Staff
The applicant claims that the Court should:                                    Regulations and breach of the principles of equal treat-
                                                                               ment and of sound administration;
—     order the Commission to pay him EUR 27 700 as
      compensation for material damage, in the event that the
      applicant should not obtain his promotion to Grade B 1             —     error of assessment of his merits; and
      in the 2000 promotions procedure on account of the
      absence of a staff report;
                                                                         —     infringement of the guide to staff reporting, inasmuch as
—     order the Commission to pay to the applicant                             the system for quantifying marks was applied, contrary
      EUR 3 000 in compensation for non-material damage;                       to Annex I to the guide.
—     annul the decision of the Commission to promote the
      54 officials deemed most worthy of promotion to Grade
      B 1 in the 2000 promotions procedure and, in any event,