CELEX: C2001/331/55
Language: en
Date: 2001-11-24 00:00:00
Title: Case T-238/01: Action brought on 28 September 2001 by the Centre Européen pour la statistique et le développement A.s.b.l. (CESD — Communautaire, Asbl) against the Commission of the European Communities

24.11.2001             EN                     Official Journal of the European Communities                                         C 331/33
Action brought on 21 September 2001 by Georgios                          Action brought on 28 September 2001 by the Centre
          Karavelis against the European Parliament                      Européen pour la statistique et le développement A.s.b.l.
                                                                         (CESD — Communautaire, Asbl) against the Commission
                                                                                           of the European Communities
                         (Case T-235/01)
                                                                                                   (Case T-238/01)
                         (2001/C 331/54)
                                                                                                   (2001/C 331/55)
                    (Language of the case: Greek)
                                                                                              (Language of the case: French)
An action against the European Parliament was brought before
the Court of First Instance of the European Communities on
21 September 2001 by Georgios Karavelis, an official of the              An action against the Commission of the European Communi-
European Parliament, resident in Brussels, represented by                ties was brought before the Court of First Instance of the
K. Tagaras.                                                              European Communities on 28 September 2001 by the Centre
                                                                         Européen pour la statistique et le développement Asbl (CESD
                                                                         — Communautaire, Asbl) established in Luxembourg, rep-
                                                                         resented by Dominique Grisay and Barbara Koops, lawyers,
The applicant claims that the Court should:                              with an address for service in Luxembourg.
—     allow the application in its entirety and in respect of all
      the forms of order sought,                                         The applicant claims that the Court should:
—     annul the notification concerning the filling of vacancy           —     appoint a legal expert,
      No 9186 and the implied rejection by the defendant of
      the applicant’s administrative complaint of 11 May 2001,
                                                                         —     state, on the basis of the legal expert’s report, which
                                                                               expenses incurred by the applicant should be considered
—     order the defendant to bear the entire legal costs of both               ineligible, and accordingly what amount, if any, should
      parties irrespective of the outcome of the case.                         be repaid to the Commission by the applicant,
                                                                         —     alternatively, authorise the applicant to determine, on the
                                                                               basis of the audit carried out by its auditor, which
                                                                               amounts could properly be considered as ineligible by
Pleas in law and main arguments                                                the Commission’s internal audit services and, after hearing
                                                                               the parties, to revise the debit note sent by the Com-
                                                                               mission’s services on 16 August 2001, determining which
                                                                               ineligible amounts should be repaid to the Commission
The applicant, an official of the European Parliament promoted
                                                                               by the applicant,
to Grade A 4 from 1 January 2000, challenges the decisions
by which the defendant rejected his candidature for vacancy
No 9186 (the post of director of the Information Office in               —     order the Commission to pay the costs, including the
Athens, at Grade A 3) on the ground that, at the time of                       costs of the expert’s report.
submission of his candidature, he had not completed the
required two years’ service at the Grade of A 4. The applicant
submits that, since an application by him contesting the
decision not to promote him to Grade A 4 during the 1998
promotion procedure was pending before the Court of First
Instance, which, by judgment of 8 May 2001, found in his                 Pleas in law and main arguments
favour and annulled the relevant decision by the defendant,
the latter was obliged to demonstrate reasonable care and
extend the period for submission of candidatures and thus
take account of his candidature.                                         The applicant is a non-profit-making organisation the object
                                                                         of which is to implement technical cooperation projects in the
                                                                         field of statistics for the benefit of third countries. To that end,
                                                                         the applicant receives subsidies on the basis of an agreement
                                                                         concluded with the Commission.
 ---pagebreak--- C 331/34             EN                      Official Journal of the European Communities                                   24.11.2001
During an audit of the subsidies granted to the applicant, the          Pleas in law and main arguments
Eurostat internal audit unit found that subsidies had been paid
but not used and some expenditure that was not eligible. The            In support of his action, the applicant invokes an infringement
Commission subsequently decided to take steps to recover the            of the terms of the vacancy notice, an error in the assessment
amount in question.                                                     of those terms, and infringement of the principle of the
                                                                        protection of legitimate expectations. The applicant further
The applicant claims that the audit carried out by the                  pleads infringement of the principle of equal treatment as
Commission does not correctly evaluate certain information              between internal candidates and candidates external to the
and data and does not apply the principles in force concerning          institution inasmuch as the internal candidates had the benefit
internal Commission audits. The applicant also alleges that the         of being known by the appointing authority.
audit was one-sided and carried out by a service dependent on
one of the Contracting Parties. The applicant finally submits
that not all of the documents available were taken into
consideration in the audit.
                                                                                Removal from the register of Case T-53/01 (1)
                                                                                                (2001/C 331/57)
                                                                                           (Language of the case: Italian)
Action brought on 2 October 2001 by Jean-Louis Cou-
gnon against the Court of Justice of the European Com-
                            munities                                    By order of 11 September 2001, the President of the Fifth
                                                                        Chamber of the Court of First Instance of the European
                        (Case T-240/01)                                 Communities has ordered the removal from the Register of
                                                                        Case T-53/01, Poste Italiane SpA v Commission of the
                                                                        European Communities.
                       (2001/C 331/56)
                                                                        (1) OJ C 134 of 5.5.2001.
                  (Language of the case: French)
An action against the Court of Justice of the European
Communities was brought before the Court of First Instance
of the European Communities on 2 October 2001 by Jean-                          Removal from the register of Case T-98/01 (1)
Louis Cougnon, residing in Capellen, Luxembourg, represented
by Joëlle Choucron, avocat, with an address for service in                                      (2001/C 331/58)
Luxembourg.
                                                                                           (Language of the case: French)
The applicant claims that the Court should:
—    annul the procedure for filling the post of Director of            By order of 30 July 2001, the President of the Fifth Chamber
     Personnel and Finances — career bracket A 2 — referred             of the Court of First Instance of the European Communities
     to in Vacancy Notice CJ 78/00 received and published on            has ordered the removal from the Register of Case T-98/01,
     17 October 2000,                                                   Filippos Pierros v Commission of the European Communities.
—    order the defendant to pay the costs.                              (1) OJ C 186 of 30.6.2001.