CELEX: C2000/372/32
Language: en
Date: 2000-12-23 00:00:00
Title: Case T-331/00: Action brought on 26 October 2000 by Laurence Bories and 4 others against Commission of the European Communities

C 372/16              EN                     Official Journal of the European Communities                                   23.12.2000
Pleas in law and main arguments                                         The applicants claim that the Court should:
                                                                        —     annul the decisions of the Authority Empowered to
The applicants are former temporary agents working for the                    Conclude Contracts (AECC) of 16 March 2000, 3 Februa-
Commission at the Joint Research Centre (JRC) at Ispra, Italy.                ry 2000, 17 March 2000, 17 January 2000 and 16 March
                                                                              2000 not to accept the applicants’ candidature for the
                                                                              posts advertised in vacancy notices COM/R/5526/00 of
By the contested decisions, the Commission informed the                       24 February 2000, COM/R/5889/99 of 21 December
applicants that their applications for the two vacant posts had               1999, COM/R/5520/00 of 24 February 2000,
not been taken into consideration.                                            COM/R/5863/99 of 26 November 1999 and
                                                                              COM/R/5521/00 of 24 February 2000, or, in the alterna-
                                                                              tive, to annul those vacancy notices and, in so far as
The applicants criticise the Commission for having given                      necessary, annul the decision of the AECC of 25 July
priority to applications from officials, which were examined                  2000 rejecting the applicants’ complaints;
and compared on their own, without those of temporary
agents, including the candidatures of the applicants, being             —      order the defendant to pay one euro by way of damages
examined at the same time. By failing to consider the
                                                                              for the damage suffered as a result of that decision, such
comparative merits of all the candidatures, the Commission
                                                                              sum being set ex aequo et bono and provisionally;
infringed Articles 4, 7, 27, 29 and 45 of the Staff Regulations
and Article 12 of the Conditions of Employment of other
servants and breached the principle of non-discrimination.              —     order the defendant to pay the whole of the costs.
Moreover, the applicants claim that the contested decisions are
                                                                        Pleas in law and main arguments
devoid of any formal statement of reasons. Furthermore, they
were not taken in the interest of the service and are not
compatible with the new policy of the Commission vis-à-vis              The pleas in law and main arguments are similar to those
research staff. Finally, the applicants take the view that the          relied on in Case T-330/00 Cocchi and Heinz v Commission.
contested decisions are acts of mismanagement and are
contrary to the duty of the administration to have regard for
the welfare of officials.
                                                                        Action brought on 3 November 2000 by Rougemarine
                                                                        SARL against Commission of the European Communities
                                                                                                (Case T-333/00)
Action brought on 26 October 2000 by Laurence Bories
and 4 others against Commission of the European Com-
                            munities                                                            (2000/C 372/33)
                         (Case T-331/00)                                                  (Language of the case: French)
                                                                        An action against the Commission of the European Communi-
                         (2000/C 372/32)
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 3 November 2000 by Rougemarine
                                                                        SARL, whose registered office is at Paris, represented by
                                                                        Thierry Levy, of the Paris Bar.
                  (Language of the case: French)
                                                                        The applicant claims that the Court should:
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
                                                                        —     annul in its entirety the decision of the Commission of
European Communities on 26 October 2000 by Laurence
                                                                              the European Communities of 5 September 2000;
Bories and Philippe Chemin, Laura Copes, Emanuele Mondini
and Helen Preissler, residing in Italy, represented by Georges
Vandersanden and Laure Levi, of the Brussels Bar.                       —     annul Council Decision 95/563/EC of 10 July 1995;