CELEX: C2000/372/27
Language: en
Date: 2000-12-23 00:00:00
Title: Case T-325/00: Action brought on 18 October 2000 by Elke Sada against the Commission of the European Communities

23.12.2000             EN                      Official Journal of the European Communities                                     C 372/13
Action brought on 12 October 2000 by Chantal Borrem-                      The applicants complain that the Commission discriminated
ans and 17 others against Commission of the European                      against them by comparison with other agents of the EAC
                          Communities                                     who were established in 1982 and 1987. Moreover, they claim
                                                                          that the Commission had raised their legitimate expectations
                                                                          that they would form permanent part of the Communities’
                         (Case T-319/00)
                                                                          staff. By refusing to take account of the applicants’ legitimate
                                                                          aspirations, the Commission breached the principle of the
                         (2000/C 372/26)                                  protection of legitimate expectations.
                    (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 12 October 2000 by Chantal                        Action brought on 18 October 2000 by Elke Sada against
Borremans and 17 others, residing in Belgium, represented by                     the Commission of the European Communities
Albert Evrard and Anne Colson, of the Brussels Bar.
                                                                                                  (Case T-325/00)
The applicants claim that the Court should:
                                                                                                  (2000/C 372/27)
—      annul the decision to offer the applicants contracts as
       members of the temporary staff in permanent posts with
       effect from 1 January 2000 (Article 2(b) of the Conditions                           (Language of the case: German)
       of Employment of other servants of the European Com-
       munities);
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
—      call on the Commission to take an appropriate decision             European Communities on 18 October 2000 by Elke Sada,
       which would give fair compensation to the officials                residing at Besozzo/VA, Italy, represented by Dr Hans-Josef
       affected by the disadvantage arising from the annulled             Rüber, Rechtsanwalt, Cologne, Germany.
       decision;
—      order the Commission to pay 1 euro subject to increase             The applicant claims that the Court should:
       or reduction during the course of proceedings by way of
       compensation for the material damage suffered by the               —     declare that the defendant is required to pay to the
       applicants with the exception of Mr Arnalsteen, who                      applicant a monthly unemployment allowance under
       assesses his damage at 1 000 000;                                        Article 28a of the Conditions of Employment of other
                                                                                servants of the European Communities,
—      order the Commission to pay 1 euro subject to increase
                                                                          —     order the Commission of the European Communities to
       or reduction during the course of proceedings by way of
                                                                                pay the costs.
       compensation for the non-material damage suffered by
       all the applicants, subject to an order for it to pay
       1 000 000 BEF to Ms Borremans and Mr Arnalsteen;
                                                                          Pleas in law and main arguments
—      order the Commission to pay all the costs.
                                                                          The applicant was a member of the temporary staff at the Joint
                                                                          Research Centre, Ispra. She rejected an offer to renew her five-
                                                                          year term of employment for a further five years.
Pleas in law and main arguments
                                                                          By the present action, she is objecting to the Commission
The applicants are former agents of the European Association              decision not to grant her any unemployment allowance or
for Cooperation (EAC). The object of that association governed            other social security benefits under Article 28a of the Con-
by Belgian law was the carrying out of various activities in the          ditions of Employment of other servants.
area of development policy on behalf of the Commission.
Following the cessation of activities of the EAC at the end of
1998, the applicants were integrated into the Commission’s                Contrary to the defendant’s contention, she is indeed to be
staff.                                                                    regarded as unemployed for the purpose of Article 28a. Her
                                                                          rejection of the renewal of the term of employment is not
                                                                          comparable to resignation. On the contrary, her fixed-term
By the present action, the applicants challenge the Com-                  employment came to an end in the usual way, which
mission’s decision to offer them contracts as members of the              substantiates the claim for an unemployment allowance.
temporary staff for a duration of two years, renewable for one
year, under Article 2(b) of the of the Conditions of Employment
of other servants of the European Communities.