CELEX: C2003/044/75
Language: en
Date: 2003-02-22 00:00:00
Title: Case T-385/02: Action brought on 19 December 2002 by Marta Andreasen against the Commission of the European Communities

C 44/40               EN                          Official Journal of the European Union                                        22.2.2003
Action brought on 19 December 2002 by Marta Andreas-                      —     Breach of Article 50 of the Staff Regulations by using the
en against the Commission of the European Communities                           applicant’s transfer as a punitive measure, and
                                                                          —     Breach of Article 7 of the Staff Regulations through the
                        (Case T-385/02)                                         adoption of a disproportionate and unnecessary measure,
                                                                                resulting in the applicant’s appointment to a post that is
                                                                                not suited to her category and grade.
                        (2003/C 44/75)
                  (Language of the case: English)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                Action brought on 23 December 2002 by Kronoply
European Communities on 19 December 2002 by Marta                         GmbH & Co. KG and Kronotex GmbH & Co. KG against
Andreasen, Brussels, Belgium, represented by Ian S. Forrester,                   the Commission of the European Communities
QC.
                                                                                                  (Case T-388/02)
The applicant claims that the Court should:
                                                                                                   (2003/C 44/76)
—     annul the implied decision of the Commission rejecting
      the applicant’s appeal against her removal from the post                               (Language of the case: German)
      of Accounting Officer
—     annul the implied decision of the Commission rejecting
      the applicant’s appeal against her transfer to the post of
      Principal Adviser                                                   An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 23 December 2002 by Kronoply
—     award her pecuniary damages for an amount of money                  GmbH & Co. KG and Kronotex GmbH & Co. KG, Heiligengra-
      to be fixed by the Court, plus interest at 5 % or at such           be, Germany, represented by R. Nierer, Rechtsanwalt.
      other rate as may be fixed by the Court
—     award her the costs of the present action.                          The applicants claim that the Court should:
                                                                          —     annul the Commission’s decision of 19 June 2002 (State
                                                                                Aid No N 240/2002) not to raise any objection to the
                                                                                Federal Republic of Germany granting State aid to
Pleas in law and main arguments                                                 Zellstoff Stendal GmbH;
                                                                          —     order the Commission to pay the costs.
The purpose of the present action is to challenge the Decision
to remove the applicant from office as Accounting Officer and
Bugdet Execution Director in Directorate General Budget and
to transfer her to the position of principal Adviser in Director-
ate General Personnel and Administration.                                 Pleas in law and main arguments
In support of her conclusions, the applicant submits:                     The applicants produce timber-based materials from freshly
                                                                          felled pine, including [...] oriented structural boards. Their
                                                                          action is brought against the Commission’s decision to raise
—     Breach of the principle of good administration. Failure to          no objection to the granting of a non-repayable subsidy
      state reasons for the removal in question, and violation            of EUR 109,161 million and an investment allowance of
      of the Commission’s duty of adequate reasoning for                  EUR 165,515 million to Zellstoff Stendal GmbH for the
      adoption of a decision having legal effect.                         construction of a cellulose factory and the establishment of a