CELEX: C2000/079/85
Language: en
Date: 2000-03-18 00:00:00
Title: Case T-21/00: Action brought on 24 January 2000 by David Crabbe against European Centre for the Development of Vocational Training (Cedefop)

18.3.2000              EN                     Official Journal of the European Communities                                        C 79/41
— annul under the last paragraph of Article 8 of the con-                — order the defendant to pay, by way of making good his
    ditions applicable to other servants (CAOS), so far as                    material and non-material damage, damages in an amount
    necessary, the legal classification of the applicants’ con-               to be set by the Court;
    tracts since in reality each of them constitutes a renewal of
    a contract for an indefinite period under Article 2(a) CAOS;         — order the defendant to pay the costs.
— annul the express decision refusing the applications
    brought by the applicants; and
                                                                         Pleas in law and main arguments
— order the defendant to pay the costs.
                                                                         The applicant claims, first of all, that the contested decision is
                                                                         vitiated by a total absence of reasons, which is contrary to the
Pleas in law and main argument                                           second paragraph of Article 25 of the Staff Regulations.
The pleas in law and main arguments are similar to those                 The applicant claims, moreover, that the principle patere legem
advanced by the applicants in Case T-137/99 (1).                         quam ipse fecisti was infringed inasmuch as the contested
                                                                         decision does not comply with the rules which the Director of
                                                                         Cedefop had imposed on himself in his decision of 12 Nov-
(1) OJ C 246 of 28.8.1999, p. 38.                                        ember 1992, on provisions and criteria for the promotion of
                                                                         members of staff at the Centre.
Action brought on 24 January 2000 by David Crabbe
against European Centre for the Development of
                Vocational Training (Cedefop)                            Action brought on 27 January 2000 by A against Com-
                                                                                     mission of the European Communities
                          (Case T-21/00)
                                                                                                   (Case T-23/00)
                          (2000/C 79/85)
                                                                                                   (2000/C 79/86)
                   (Language of the case: French)
An action against European Centre for the Development of                                    (Language of the case: French)
Vocational Training (Cedefop) was brought before the Court
of First Instance of the European Communities on 24 January
                                                                         An action against the Commission of the European Communi-
2000 by David Crabbe, residing in Perea-Thessaloniki, rep-
                                                                         ties was brought before the Court of First Instance of the
resented by Marc-Albert Lucas, of the Liege Bar, with an
                                                                         European Communities on 27 January 2000 by A, residing in
address for service in Luxembourg at the Chambers of Thewes
                                                                         Saint-Hubert (Belgium), represented by Lucas Vogel, of the
& Reuter, 33 Rue des Capucins.
                                                                         Brussels Bar, with an address for service in Luxembourg at the
                                                                         Chambers of Christian Kremer, 6 Rue Heinrich Heine.
The applicant claims that the Court should:
                                                                         The applicant claims that the Court should:
— annul the decision of the Director of Cedefop not to
    promote him to grade A 5 or LA 5 in the 1998 promotion
    procedure, as evidenced by his memorandum of 12 May                  — annul the express decision of 4 November 1999 (notified
    1999 publishing the list of promoted officials;                           on 28 October 1999) rejecting the complaint lodged by the
                                                                              applicant on 22 July 1999 with the appointing authority
— annul the decision of the Director of Cedefop impliedly                     challenging it’s decision of 23 April 1999 ordering against
    rejecting his administrative compliant of 14 June 1999                    the applicant the disciplinary measure of removal from
    against the earlier decision, deemed to have been taken on                post, without reduction or withdrawal of entitlement to
    14 October 1999 by operation of the second indent of                      retirement pension;
    Article 90(2) of the Staff Regulations in the absence of a
    reply to that complaint four months after it was lodged;             — order the defendant to pay the costs.