CELEX: C2002/003/81
Language: en
Date: 2002-01-05 00:00:00
Title: Case T-276/01: Action brought on 26 October 2001 by Mély Garroni against European Parliament

5.1.2002              EN                      Official Journal of the European Communities                                         C 3/47
Pleas in law and main arguments                                          on 26 October 2001 by Mély Garroni, residing in Rome,
                                                                         represented by Georges Vandersanden, lawyer.
The applicant is a freelance interpreter who has worked
regularly for the European Parliament since 1986. She has also           The applicant claims that the Court should:
worked regularly in the same capacity for the Commission. In
the course of the month in which she reached the age of 65,
the applicant was informed orally that the Commission had                —     annul the inter-institutional decision of the European
purportedly adopted a decision providing that, under a full                    Union, as referred to in the letter from G. Macario of
application of Article 78 of the Conditions of Employment of                   24 January 2001, rendering henceforth impossible for
Other Servants of the European Communities (CEOS), free-                       the European Parliament, as a result of the application of
lance interpreters could no longer be engaged beyond the age                   Article 78 CEOS, as amended, to retain or recruit freelance
of 65. In December 2000 the applicant learned informally that                  interpreters — such as the applicant — beyond the age
the European Parliament was obliged to apply that decision                     of 65 years;
with effect from 1 April 2001.
                                                                         —     in so far as necessary, annul the decision of the President
                                                                               of the European Parliament, contained in a letter of
The applicant, among others, lodged a complaint against the                    20 July 2001, rejecting the applicant’s complaint;
memorandum informing her of the inter-institutional decision
no longer to recruit freelance interpreters over the age of 65
years. The President of the European Parliament rejected that            —     consequently uphold the applicant’s right to continue to
complaint.                                                                     provide services to the European Parliament — or any
                                                                               other institution — beyond the age-limit of 65 years;
In support of her application, the applicant claims that                 —     order provisional payment of one euro to the applicant
Article 78 CEOS cannot be relied upon as a basis for a rule                    by way of compensation for the material and non-
setting the age of 65 years as a limit for freelance interpreters.             material damage suffered;
That provision is a derogation from the Staff Regulations and
refers to an agreement between the European Parliament, the              —     order the defendant to pay all the costs.
Council of Europe and the Assembly of the Western European
Union. Article 78 makes no mention, either express or implied,
of Article 74 CEOS which provides for the termination of
auxiliary staff contracts; moreover, freelance interpreters do
not have a contract within the meaning of Article 74 CEOS.               Pleas in law and main arguments
The applicant pleads, furthermore, breach of the principle of            The pleas in law and main arguments are similar to those
non-retroactivity and of the principle of non-discrimination             relied upon in Case T-275/01 Alvarez Moreno v Parliament.
and of acquired rights, legitimate expectations, sound adminis-
tration and legal certainty. In addition to her claims for
annulment, the applicant also seeks compensation for the
material and non-material damage allegedly suffered.
                                                                         Action brought on 26 October 2001 by Romuald Stevens
                                                                             against Commission of the European Communities
Action brought on 26 October 2001 by Mély Garroni                                                (Case T-277/01)
                 against European Parliament
                                                                                                   (2002/C 3/82)
                        (Case T-276/01)
                                                                                            (Language of the case: French)
                         (2002/C 3/81)
                   (Language of the case: French)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                                                                         European Communities on 26 October 2001 by Romuald
An action against the European Parliament was brought before             Stevens, residing in Bertem (Belgium), represented by Jean-
the Court of First Instance of the European Communities                  Noël Louis and Véronique Peere, lawyers.