CELEX: C1997/131/48
Language: en
Date: 1997-04-26 00:00:00
Title: Action brought on 11 February 1997 by Alain Liberos against the Commission of the European Communities (Case T-29/97)

No C 131 /20           EN                 Official Journal of the European Communities                                   26 . 4 . 97
  Action brought on 11 February 1997 by Agnes Hubert                   The    material   harm     liable to   occur is harm  to    the
     against the Commission of the European Communities                applicant's career, there being a risk that the disputed
                           ( Case T-28/97)                             decisions will prevent or delay her promotion to duties at
                                                                       A 3 level . The non-material harm stems from the fact that
                            ( 97/C 131 /47)                            she has been removed from her duties without that being
                                                                       justified in the interest of the service and the fact that
                                                                       doubt has been cast on her professional abilities.
                  (Language of the case: French)
  An action against the Commission of the European
  Communities was brought before the Court of First
  Instance of the European Communities on 11 February
  1997 by Agnes Hubert, resident in Brussels, represented
  by Marc-Albert Lucas of the Liege Bar, with an address               Action brought on 11 February 1997 by Alain Liberos
  for service in Luxembourg at the Chambers of Evelyne                    against the Commission of the European Communities
  Korn, 21 Rue de Nassau.
                                                                                               ( Case T-29/97)
  The applicant claims that the Court should:                                                    ( 97/C 131 /48 )
  — annul the decision of the appointing authority, notified                           (Language of the case: French)
       to her by a memorandum of 27 March 1996,
       transferring her, or changing her post or duties as
       Head of Unit V.A.3 (Equal Opportunities ) to a post or          An action against the Commission of the European
       duties as Adviser in Directorate E ( Social Policy and
                                                                       Communities was brought before the Court of First
       Action ), and all related decisions,
                                                                       Instance of the European Communities on 11 February
                                                                       1997 by Alain Liberos, residing in Brussels, represented by
  — order the Commission to pay her the provisional sum                Marc-Albert Lucas, of the Liege Bar, with an address for
       of one Belgian franc in damages for the material harm           service in Luxembourg at the Chambers of Evelyne Korn,
                                                                       21 Avenue de Nassau .
       liable to be occasioned to her by the contested
       decisions, subject to subsequent increase depending on
       how that harm develops,
                                                                       The applicant claims that the Court should:
  — order the Commission to pay her BFR 300 000 in
       damages for the non-material harm occasioned to her
       by the contested decisions,                                     — annul the Commission 's decision definitively placing
                                                                            the applicant in Grade 7 of Category A, Step 3 , by an
                                                                            agreement supplementary to his contract of service,
  — order the Commission to pay the costs .
                                                                       — annul the Commission 's decision of 5 November 1996
  Pleas in law and main arguments adduced in support:                       rejecting the applicant's administrative complaint of
                                                                            28 March 1996 ,
  By a memorandum of 27 March 1996, the appointing
  authority informed the applicant, an official in Grade A 4,
  Step 2, that it had been decided to change her posting as            — order the Commission to pay the costs.
  Head of Unit V.A.3 and to assign her to the post of
  Adviser to the Director of Directorate E of DG V. That
' decision took effect on 1 April 1996 .                               Pleas in law and main arguments adduced in support:
  The applicant considers that Articles 4 and 29 of the Staff
  Regulations have been infringed since, according to the              The applicant is a member of the temporary staff of the
  case-law of the Court of First Instance, a decision to               Commission of the European Communities in Grade A 7,
  transfer an official is subject to the requirements of those         Step 3 . On 1 July 1995 he was appointed to Grade A 7,
  articles. She also alleges that Article 25 of the Staff              Step 1 . By an agreement of 15 March 1996 ,
  Regulations was infringed because no reasons were given              supplementary to his contract of service, he was
  in the memorandum informing her of the disputed                      definitively classed in his current grade .
  decision, and that Article 7 thereof was infringed because,
  according to the case-law of the Court of Justice and of
  the Court of First Instance, decisions to transfer officials         The applicant maintains that his specific professional
  against their will are permissible only if they are based on         training and experience should be given due recognition as
  the interest of the service, which is not the case with the          of 1 July 1995 , the date when his contract took effect.
  disputed decision.                                                   Since, having gained his Maitrise during June 1983 , he
 ---pagebreak--- 26 . 4 . 97            EN                  Official Journal of the European Communities                              No C 131 /21
had 12 years and several days' specific professional                  Action brought on 24 February 1997 by Deborah Gabriel
experience, he should have been classed in Grade A 5 in                  against the Commission of the European Communities
accordance with Article 2, second paragraph, of the                                             ( Case T-32/97)
Commission's decision of 1 September 1983 , in the
appropriate step.                                                                                ( 97/C 131/50 )
                                                                                     (Language of the case: French)
In support of his application he argues, alternatively, that
the decision was unlawful in so far as it states that
                                                                      An action against the Commission of the European
Article 2, first paragraph, thereof applies to members of             Communities was brought before the Court of First
the temporary staff recruited under Article 2 ( a ) of the            Instance of the European Communities on 24 February
Regulations applicable to Other Servants; that it fails to            1997 by Deborah Gabriel, residing in Brussels, represented
fulfil the obligation to state reasons; that it infringes             by Nicolas Lhoest, of the Brussels Bar, with an address for
Article 31 ( 2 ) of the Staff Regulations; and that the               service in Luxembourg at the offices of Fiduciaire Myson
Commission committed a manifest error of assessment.
                                                                      Sari, 30 Rue de Cessange.
                                                                      The applicant claims that the Court should:
                                                                      — annul the Commission's decision of 20 June 1996
                                                                          rejecting the applicant's request that it give
Action brought on 24 February 1997 by Francisco                           consideration to the possible application of
Fernandez Ruiz against the Commission of the European                     Article 31 ( 2 ) of the Staff Regulations,
                           Communities
                         (Case T-31/97)                               — annul, in so far as may be necessary, the decision
                                                                           adopted by the Commission on 22 November 1996
                          ( 97/C 131 /49 )                                expressly rejecting the applicant's complaint,
                (Language of the case: French)                        — order the defendant to pay all the costs.
                                                                      Pleas in law and main arguments adduced in support:
An action against the Commission of the European
Communities was brought before the Court of First
Instance of the European Communities on 24 February                   The pleas in law and main arguments are the same as in
                                                                      Case T-16/97 O.
1997 by Francisco Fernandez Ruiz, residing in Waterloo
( Belgium), represented by Nicolas Lhoest, of the Brussels
Bar, with an address for service in Luxembourg at the                 (') OJ No C 74, 8 . 3 . 1997, p. 27.
offices of Fiduciaire Myson Sari, 30 Rue de Cessange.
The applicant claims that the Court should:
                                                                      Action brought on 24 February 1997 by Luc Jacobs
— annul the Commission's decision of 17 June 1996                        against the Commission of the European Communities
     rejecting the applicant's request that it give
     consideration to the possible application of                                               (Case T-33/97)
     Article 31 (2 ) of the Staff Regulations,                                                     97/C 131/51 )
— annul, in so far as may be necessary, the decision                                  (Language of the case: French)
     adopted by the Commission on 22 November 1996
     expressly rejecting the applicant's complaint,                   An action against the Commission of the European
                                                                      Communities was brought before the Court of First
                                                                      Instance of the European Communities on 24 February
— order the defendant to pay all the costs.                           1997 by Luc Jacobs, residing in Koekelberg ( Belgium ),
                                                                      represented by Nicolas Lhoest, of the Brussels Bar, with an
                                                                      address for service in Luxembourg at the offices of
Pleas in law and main arguments adduced in support:                   Fiduciaire Myson Sari, 30 Rue de Cessange, L-1320 Lux­
                                                                      embourg.
The pleas in law and main arguments are the same as in
Case T-16/97 t 1 ).                                                   The applicant claims that the Court should:
 H OJ No C 74, 8 . 3 . 1997, p . 27.                                  — annul the Commission's decision of 20 June 1996
                                                                           rejecting the applicant's request that it give
                                                                           consideration to the possible application of
                                                                           Article 31 (2 ) of the Staff Regulations,