CELEX: C2001/227/43
Language: en
Date: 2001-08-11 00:00:00
Title: Case T-100/01: Action brought on 13 April 2001 by Karola Gluiber against the Commission of the European Communities

C 227/22               EN                    Official Journal of the European Communities                                       11.8.2001
Grounds of claim:             — Misapplication of Article               the applicant was allocated a post which in her view is
                                   8(1)(b) of Regulation (EC)           considerably less important and offers considerably fewer
                                   No 40/94 (1) (likelihood of          promotion prospects. According to the applicant, if the
                                   confusion)                           principles laid down in Article 141 EC had been implemented
                              — the opposing signs are sub-             in due time and in full, she ought to have obtained the post of
                                   stantially different typo-           principal departmental manager for ‘Personnel and Adminis-
                                   graphically, conceptually and        tration’. She submits that she has thereby suffered substantial
                                   in their sound, and the rel-         material and non-material harm and that, in her case, her
                                   evant goods are dissimilar.          employer has since 1994 committed all breaches of fundamen-
                                                                        tal and human rights, without legal consequences, on the basis
                                                                        of the employer’s ‘organisational freedom’.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the
    Community trade mark (OJ 1994 L 11, p. 1).
                                                                        She contends that, when requests are made before national
                                                                        courts for an order for reference under Article 234 EC, a
                                                                        hearing in accordance with the law is refused. All the judicial
                                                                        proceedings brought by the applicant in respect of European
                                                                        fundamental rights have terminated at first instance since leave
                                                                        to appeal has likewise been refused. Her constitutional appeals
                                                                        have not been accepted for determination, without any reasons
Action brought on 13 April 2001 by Karola Gluiber                       being given. In the applicant’s submission, there has been no
  against the Commission of the European Communities                    review of the breaches of fundamental rights arising from the
                                                                        Treaty on European Union and the Charter of Fundamental
                                                                        Rights of the European Union.
                         (Case T-100/01)
                         (2001/C 227/43)
                                                                        The applicant contends that the material legal provisions in
                  (Language of the Case: German)                        the Federal Republic of Germany require proof of individual
                                                                        fault on the part of the civil servant acting as a precondition for
An action against the Commission of the European Communi-               claims for damages against public authorities. Compensation is
ties was brought before the Court of First Instance of the              therefore not payable to civil servants without proof of special
European Communities on 13 April 2001 by Karola Gluiber,                damage in the case of breaches of fundamental rights arising
Osterhofen (Germany), represented by Christoph Blecken-                 from the Treaty on European Union.
wegner, Lawyer.
The applicant claims that the Court should:
—     declare that the Commission has failed to act pursuant to         She relies on Articles 5 and 6 of the Treaty on European
      the second and third paragraphs of the EC Treaty, in              Union, in conjunction with the Social Charter and the Charter
      conjunction with the third paragraph of Article 232 of            of Fundamental Rights, and on provisions of Council Directive
      the Treaty of Amsterdam, by supervising incorrectly the           75/117, and submits that the Commission has not complied
      implementation and application of European legal rules            with its obligation to monitor implementation of Union law
      into German national law;                                         and of respect for human rights and fundamental freedoms in
                                                                        national German law. The Commission did not act when called
—     declare that the Commission has failed to define its              on to do so by the applicant pursuant to Article 232 EC and
      position on the substance of her call on it to act pursuant       has not responded to the substance of her complaint.
      to the second paragraph of Article 175 of the Treaty, in
      conjunction with the third paragraph of Article 232 of
      the Treaty of Amsterdam;
—     order the defendant to pay the costs.
                                                                        She pleads various situations as examples of infringements of
                                                                        fundamental rights and discrimination at the workplace, as
                                                                        well as of discrimination against women.
Pleas in law and main arguments
The applicant has worked since 1986 as a federal civil servant
in the Straßenneubauamt (New Highway Construction Office)
Bad Kreuznach in the service of the Land Rheinland-Pfalz. In
1994 that office was amalgamated with the Straßenneubauver-
waltung (New Highway Construction Administration) Bad
Kreuznach and, on the allocation of posts in the new office,