CELEX: C2004/262/61
Language: en
Date: 2004-10-23 00:00:00
Title: Case T-274/04: Action brought on 8 July 2004 by Georgios Rounis against the Commission of the European Communities

23.10.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 262/32
            
         Action brought on 8 July 2004 by Georgios Rounis against the Commission of the European Communities
   (Case T-274/04)
   (2004/C 262/61)
   Language of the case: French
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 8 July 2004 by Georgios Rounis, residing in Brussels, represented by E. Boigelot, lawyer.
   The applicant claims that the Court should:
   
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               Annul the decision taken by the Director-General of DG COMP/A on 4 August 2003 in his capacity as appeals assessor and adversely affecting the applicant in that it confirms and definitively approves his staff reports for 1997-1999 and 1999-2001 as established;
            
         
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               Annul those staff reports;
            
         
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               Award the applicant compensation for non-material harm, evaluated on an equitable basis at EUR 8,000, owing to the various substantial faults committed at various levels in the establishment of his staff reports for 1997-1999 and 1999-2001 and owing to the significant delay in definitively establishing those reports;
            
         
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               Order the defendant to pay the costs.
            
         Pleas in law and main arguments:
   In support of his action, the applicant claims that there has been a breach of the second paragraph of Article 25 and Articles 26 and 43 of the Staff Regulations and also of the general implementing provisions on the application of Article 43 adopted by the Commission on 26 April 2002. The applicant also claims that there has been misuse of powers and a breach of the rights of the defence, of the principle of good administration, of the principle of equal treatment and also of the principle that the appointing authority must adopt a decision solely on the basis of legally admissible grounds, i.e. grounds which are relevant and are not vitiated by a manifest error of assessment of fact or of law.