CELEX: C1997/331/52
Language: en
Date: 1997-11-01 00:00:00
Title: Removal from the register of T-145/96

1 . 11 . 97         1 EN [                Official Journal of the European Communities                                    C 331 /25
In support of her claims, she pleads, first, breach of the           Pleas in law and main arguments adduced in support:
principle of the protection of legitimate expectations, in
that, according to a practice previously established by the
                                                                     By note of 21 January 1997 the applicant, a grade CI
defendant, the names of those officials most worthy of
                                                                     official, requested that her daughter, born on 14 October
promotion who are not promoted are entered once again                1968 , and her son, born on 6 June 1972, be treated as
in the list of officials most worthy of promotion in the
                                                                     dependent children. That request was granted in relation
following year. This gives rise to a legitimate expectation          to her son .
on the part of officials whose names appear in the list
that, if they are not promoted during the current year,
their names will, at the very least, be entered once again           The applicant pleads infringement of the obligation to
in the list for the following year. In that regard, the              provide a statement of reasons, inasmuch as the contested
applicant also pleads a breach of the obligation to provide          decision is based on an opinion of the Legal Service which
a statement of reasons .                                             was not communicated to the applicant, despite a formal
                                                                     request made by her lawyer.
The applicant further pleads irregularity in the promotion
procedure by reason of maladministration, inasmuch as,
faced with a report going back a long time, the defendant            The second plea alleges infringement of Article 2 (4 ) of
                                                                     Annex VII and a manifest error of assessment.
should, at the very least, have based its decision on the
most recent definitive staff report available. By virtue of
its failure to do so, the Commission was unable to carry
out a proper comparison of the merits of the officials
worthy of promotion.
                                                                               Removal from the register of T-209/96 (')
                                                                                               ( 97/C 331 /51 )
Action brought on 8 September 1997 by Giovanna                                      (Language of the case: French)
     Lonuzzo-Murgante against the European Parliament
                        ( Case T-247/97)
                                                                     By order of 10 September 1997, the President of the Third
                          ( 97/C 331/50 )                            Chamber of the Court of First Instance of the European
                (Language of the case: French)                       Communities ordered the removal from the register of
                                                                     Case T-209/96 :      Adam      Buick v.    Commission of the
An action against the European Parliament was brought                European Communities.
before the Court of First Instance of the European
Communities on 8 September 1997 by Maria Lonuzzo­                    H OJ C 54, 22 . 2 . 1997.
Murgante, residing in Strassen ( Luxembourg ), represented
by Jean-Noel Louis, Thierry Demaseure and Ariane
Tornel, of the Brussels Bar, with an address for service in
Luxembourg at the offices of Fiduciaire Myson Sari, 30
Rue de Cessange .
The applicant claims that the Court should:                                    Removal from the register of T-145/96 (')
                                                                                               ( 97/C 331 /52 )
— annul the decision rejecting the request that Miss
     Maria Lonuzzo be treated as a dependent child,
                                                                                     (Language of the case: French)
— order the Parliament to pay to the applicant all social
     welfare allowances connected with the status of her
                                                                     By order of 15 September 1997, the President of the Third
     daughter Giovanna as a dependent child, together with
     default interest at the rate of 8 % per annum from the          Chamber of the Court of First Instance of the European
                                                                      Communities ordered the removal from the register of
     date(s ) when they became payable until the date when
                                                                      Case T-145/96 : Monika Kawicki v. European Parliament.
     they are paid,
— order the defendant to pay the costs .                              H OJ C 336, 9 . 11 . 1996 .