CELEX: C2003/101/82
Language: en
Date: 2003-04-26 00:00:00
Title: Case T-55/03: Action brought on 12 February 2003 by Philippe Brendel against Commission of the European Communities

26.4.2003               EN                         Official Journal of the European Union                                         C 101/47
In support of its claims the applicant alleges, in the alternative,              and the remuneration corresponding to classification in
that the defendant infringed Article 15(2) of Regulation No 17,                  the next higher grade and step, together with default
Article 253 EC and the principles of proportionality and of                      interest at 5,7 % per annum as from 16 March 2001;
equal treatment by:
                                                                           —     order the defendant to pay damages and interests assessed,
—      imposing on the applicant a fine in excess of 10 % of its                 ex æquo et bono, at EUR 500 a month as from 16 March
       worldwide turnover;                                                       2001 until the date they are paid;
—      imposing on the applicant an global fine in respect of              —     order the defendant to pay the costs.
       allegedly discrete infringements;
—      increasing the ‘starting amount’ as a deterrent and on the
       ground of aggravating circumstances;                                Pleas in law and main arguments
—      applying an excessive multiplication factor;
                                                                           The applicant in these proceedings challenges the decision of
                                                                           the appointing authority refusing to classify him in Grade A6,
—      not reducing the fine on the ground of attenuating                  Step 3, on his taking up his duties with the defendant following
       circumstances or by virtue of the ‘Amnesty Notice’ (1).             competition EUR/A/154 for the recruitment of administrators
                                                                           (career bracket A 7/A 6) in auditing and accounting.
( 1) Published in OJ 1996 C 207 p. 4.
                                                                           In support of his claims he alleges:
                                                                           —     infringement of Article 31(2) of the Staff Regulations, of
                                                                                 the decision of 1 September 1983 on the criteria
                                                                                 applicable to appointment to grade and classification in
                                                                                 step on recruitment and of the Administrative Guide;
Action brought on 12 February 2003 by Philippe Brendel                     —     infringement of the principle patere quam ipse legem
     against Commission of the European Communities                              fecisti and of equal treatment;
                                                                           —     that there was in the circumstances a manifest error of
                           (Case T-55/03)                                        assessment;
                          (2003/C 101/82)                                  —     disregard of the duty to have regard to the interests of
                                                                                 officials and the duty to state reasons;
                    (Language of the case: French)                         —     infringement of Article 39 EC.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 12 February 2003 by Philippe
Brendel, residing in Brussels, represented by Georges Vander-
sanden and Laure Levi, lawyers.
                                                                           Action brought on 10 February 2003 by Bioelettrica S.p.A.
                                                                           against the Commission of the European Communities
The applicant claims that the Court should:
                                                                                                     (Case T-56/03)
—      annul the decision taken by the appointing authority of
       3 May 2002 classing the applicant in Grade A 7, Step 2                                       (2003/C 101/83)
       with effect from 16 March 2001 and, so far as is
       necessary, annul the decision of 25 October 2002,
       notified on 4 November 2002, to reject the applicant’s                                  (Language of the case: Italian)
       complaint;
—      order the defendant to pay the balance of the remuner-
       ation consisting of the difference between the remuner-             An action against the Commission of the European Communi-
       ation corresponding to classification in Grade A 7, Step 2,         ties was brought before the Court of First Instance of the