CELEX: C2003/184/91
Language: en
Date: 2003-08-02 00:00:00
Title: Case T-174/03: Action brought on 20 May 2003 by Franco Cozzani against Commission of the European Communities

2.8.2003               EN                          Official Journal of the European Union                                          C 184/41
Action brought on 20 May 2003 by Franco Cozzani against                    European Communities, manifest error of assessment and an
          Commission of the European Communities                           alleged breach of the principle of equal treatment, the principle
                                                                           that officials should have reasonable career prospects, the
                                                                           principle that legitimate expectations should be protected and
                          (Case T-174/03)                                  of the duty to have regard for the welfare of officials.
                          (2003/C 184/91)
                    (Language of the case: French)
                                                                           Action brought on 21 May 2003 by Norbert Schmitt
An action against the Commission of the European Commu-                            against European Agency for Reconstruction
nities was brought before the Court of First Instance of the
European Communities on 20 May 2003 by Franco Cozzani,
residing in Brussels, represented by Éric Boigelot, lawyer.                                          (Case T-175/03)
The applicant claims that the Court should:                                                         (2003/C 184/92)
—     annul the decision of 14 August 2002 of the authority                                    (Language of the case: French)
      empowered to conclude contracts of employment not to
      include the applicant's name on the list of officials and
      members of the temporary staff remunerated under
      research credits eligible for promotion/regrading in 2002,           An action against European Agency for Reconstruction was
      which was published in the Administrative Notices of                 brought before the Court of First Instance of the European
      14 August 2002 (IA 70-2002);                                         Communities on 21 May 2003 by Norbert Schmitt, residing in
                                                                           Köllerbach (Germany), represented by Lothar Polanz, lawyer.
—     in so far as necessary, annul the decision of 16 August
      2002 of the authority empowered to conclude contracts                The applicant claims that the Court should:
      of employment of 16 August 2002 to promote or regrade
      to A4 officials and members of the temporary staff                   —     annul the dismissal of 25 February 2003 by the Director
      remunerated under research credits appearing in the list                   of the European Agency for Reconstruction;
      published in Administrative Notices of 14 August 2002
      (IA 71-2002);                                                              in the alternative
—     annul the implied rejection of the applicant's complaint,            —     order the defendant to pay damages to the applicant
      which was submitted in accordance with Article 90(2) of                    equivalent to two years' salary to compensate him for
      the Staff Regulations on 11 November 2002, entered in                      the financial loss resulting from having lost his job;
      the register that day under No R/573/02, seeking the
      annulment of the contested decision;                                 —     order the European Agency for Reconstruction to pay the
                                                                                 entire costs.
—     in consequence of those annulments, add the applicant's
      name to the list of eligible officials and regrade him to
      Grade A4 in the 2002 promotions procedure;
—     order the defendant to pay him EUR 15 000 in damages                 Pleas in law and main arguments
      for non-material damage and for having damaged his
      career;                                                              The applicant in these proceedings challenges the termination
                                                                           by the defendant of the contract for an indefinite term
—     order the defendant to pay the costs, in accordance with             between them.
      Article 87(2) of the Rules of Procedure of the Court of
      First Instance.
                                                                           In support of his claims, he alleges that the manner in which
                                                                           he was dismissed is contrary to the general principles
                                                                           governing the European civil service and, in particular the
                                                                           general principles of legality legitimate expectations, sound
                                                                           administration and proportionality. The applicant also refers
Pleas in law and main arguments                                            to the fact that the administrative authority did not call him to
                                                                           interview prior to the dismissal.
In support of his application, the applicant alleges infringement
of the second paragraph of Article 25 of the Staff Regulations             The applicant also alleges failure to provide a statement of
consisting in an alleged failure to provide reasons for the                reasons.
decision not to promote him, infringement of Articles 10 and
15 of the Conditions of Employment of Other Servants of the