CELEX: C2002/003/83
Language: en
Date: 2002-01-05 00:00:00
Title: Case T-278/01: Action brought on 26 October 2001 by Eric den Hamer against Commission of the European Communities

C 3/48                EN                     Official Journal of the European Communities                                       5.1.2002
The applicant claims that the Court should:                             —     order the defendant to pay compensation amounting to
                                                                              EUR 25 000 for non-material damage;
—     annul the decision of the Commission of 14 December
      2001 imposing on the applicant the disciplinary sanction          —     order the defendant to pay all the costs.
      referred to in Article 86(2)(f) of the Staff Regulations,
      namely removal from post without reduction or with-
      drawal of entitlement to retirement pension;
                                                                        Pleas in law and main arguments
—     order the defendant to pay the costs.
                                                                        In support of his application, the applicant pleads infringement
                                                                        of Article 43 of the Staff Regulations and of the general
                                                                        provisions for the implementation of that article. The applicant
                                                                        pleads, moreover, numerous errors and contradictions con-
Pleas in law and main arguments                                         tained in the staff report, lack of statement of reasons and
                                                                        breach of the rights of defence.
In support of his application, the applicant relies on Article 87
of the Staff Regulations and Article 7 of the Annex thereto.
According to the applicant, he was not given a proper hearing
during the disciplinary proceedings leading to the sanction in
question. Moreover, the applicant pleads breach of the obli-
gation to state reasons, manifest error of assessment and               Action brought on 5 November 2001 by Giorgio Lebedef
breach of the principle of proportionality.                                 against Commission of the European Communities
                                                                                                 (Case T-279/01)
                                                                                                  (2002/C 3/84)
                                                                                            (Language of the case: French)
Action brought on 26 October 2001 by Eric den Hamer
    against Commission of the European Communities
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                        (Case T-278/01)                                 European Communities on 5 November 2001 by Giorgio
                                                                        Lebedef, residing in Senningerberg (Luxembourg), represented
                                                                        by Gilles Bounéou, lawyer, with an address for service in
                         (2002/C 3/83)                                  Luxembourg.
                  (Language of the case: French)                        The applicant claims that the Court should:
                                                                        —     annul in part Decision No 3019 of 13 November 2000
                                                                              of the appointing authority, received on 17 November
                                                                              2000. More precisely, in so far as it awards BEF 25 000 to
An action against the Commission of the European Communi-                     the applicant as compensation for the non-material
ties was brought before the Court of First Instance of the                    damage arising from the delay in drawing up his staff
European Communities on 26 October 2001 by Eric den                           reports for the periods 1 July 1995 to 30 June 1997 and
Hamer, residing in Malines (Belgium), represented by Nicolas                  1 July 1997 to 30 June 1999;
Lhoëst, lawyers, with an address for service in Luxembourg.
                                                                        —     award the applicant BEF 300 000 by way of damages to
                                                                              compensate for the non-material damage arising from
The applicant claims that the Court should:                                   the delay in definitively drawing up his staff reports for
                                                                              the periods 1 July 1995 to 30 June 1997;
—     annul the decision of the Commission of 6 December                —     award the applicant BEF 100 000 by way of damages to
      2000 definitively adopting the applicant’s staff report for             compensate for the non-material damage arising from
      1995/1997;                                                              the delay in definitively drawing up his staff reports for
                                                                              the periods 1 July 1997 to 30 June 1999;
—     annul the implied decision of the Commission not to add
      to the applicant’s personal file his two staff reports for        —     make an order as to costs, requiring the defendant to pay
      1995/1997;                                                              all costs, charges and fees.