CELEX: C2004/217/56
Language: en
Date: 2004-08-28 00:00:00
Title: Case T-246/04: Action brought on 17 June 2004 by Jacques Wunenburger against the Commission of the European Communities

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/31
            
         Action brought on 17 June 2004 by Jacques Wunenburger against the Commission of the European Communities
   (Case T-246/04)
   (2004/C 217/56)
   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 17 June 2004 by Jacques Wunenburger, residing in Zagreb (Croatia), represented by E. Boigelot, lawyer.
   The applicant claims that the Court should:
   
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               annul the decision adopted by Mr David O'Sullivan, Secretary General, on 11 September 2003 in his capacity as appeal assessor and adversely affecting the applicant in that it confirms and definitively approves the applicant's Career Development Report for the period 1 July 2001 to 21 December 2002;
            
         
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               annul that report;
            
         
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               annul the decision expressly the applicant's complaint, lodged in accordance with Article 90(2) of the Staff Regulations on 9 December 2003 and registered as No R/711/03 and seeking annulment of the contested decision;
            
         
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               award the applicant damages for non-material harm and for adversely affecting his career, owing to the substantial irregularities and also to the significant delay in drawing up that report, damages assessed on an equitable basis at EUR 4 000, subject to such amount being increased or reduced in the course of the proceedings;
            
         
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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 of Articles 26 and 43 of the Staff Regulations and also of the general implementing provisions relating to the latter article adopted by the Commission on 26 April 2002. He also claims that there has been a breach of the rights of defence, of the principle of sound administration, of the duty to have regard for his welfare and of the principle of equal treatment, and also a manifest error of assessment.