CELEX: C1995/137/78
Language: en
Date: 1995-06-03 00:00:00
Title: Action brought on 5 April 1995 by Sébastien Rozand-Lambiotte against the Commission of the European Communities (Case T-96/95)

No C 137/36         f EN                   Official Journal of the European Communities                                       3 . 6 . 95
respectively, represented by Jean-Noel Louis, Thierry                 the list of successful candidates in competition B/228 , for
Demaseure and Ariane Tornel , of the Brussels Bar, with an            which no remedy was provided by the decisions taken by the
address for service in Luxembourg at the office of Fiduciaire         Council .
Myson Sari, 1 Rue Glesener .
                                                                      Finally, they claim that the decisions of the appointing
                                                                      authority rejecting their request of 15 March 1994 and their
The applicants claim that the Court should :                          complaint of 4 January 1995 seeking compensation for the
                                                                      damage resulting from the unlawful act annulled by the
— annul the Council decision of 15 June 1994 expressly                Court of First Instance constitute breaches of Article 176 of
    rejecting their claim for compensation for additional             the EC Treaty and therefore further instances of
    harm suffered ,                                                   maladministration for which they seek compensation.
— annul, so far as necessary, the Council decisions of
    9 June 1994 and 4 January 1995 ,
— order the defendant:
                                                                      Action brought on 5 April 1995 by Sebastien
                                                                      Rozand-Lambiotte against the Commission of the
    — to pay the sum of Bfrs 500 000 ( five hundred                                      European Communities
        thousand ) to each applicant, by way of
        compensation for material damage suffered,                                           ( Case T-96/95 )
                                                                                               ( 95/C 137/78 )
    — to pay the symbolic sum of ECU 1 to each applicant
         by way of compensation for the non-material                                 (Language of the case: French)
         damage sufferd by them,
                                                                      An action against the Commission of the European
    — to pay the costs .                                              Communities was brought before the Court of First
                                                                      Instance of the European Communities on 5 April 1995 by
                                                                      Sebastien Rozand-Lambiotte, residing at La Javie ( France ),
Pleas in law and main arguments adduced in support:                   represented by Jean-Noel Louis, Thierry Demaseure and
                                                                      Ariane Tornel, of the Brussels Bar, with an address for
The applicants state that they were admitted to the tests in          service in Luxembourg at the offices of Fiduciaire Myson
internal Council competition B/228 (a competition designed            Sari, 1 Rue Glesener.
to enable officials in grade CI to have their posts reclassified
as B5 ), but the selection board decided not to include them          The applicant claims that the Court should :
on the list of successful candidates . Following an action for
annulment brought against that decision, the Court of First           — annul the decision of the Commission of 12 July 1994
Instance gave a judgment on 11 February 1993 annulling                    dismissing the applicant on the expiry of his
the action taken following the decisions concerning                       probationary period,
admission to the tests . In order to comply with the
judgment, the Council organized competition B/228 bis,                — order the defendant to pay the costs .
which was of the same kind and involved the same
procedures for marking the tests as competition B/228 . The
selection board included the applicants on the list of                Pleas in law and main arguments adduced in support:
successful candidates and their posts were reclassified as B5
with effect from 1 January 1994 .                                     The applicant maintains, first, that the contested decision
                                                                      was adopted in contravention of his right to a fair hearing
                                                                      and of Articles 26 and 43 of the Staff Regulations, and that it
The applicants maintain that the irregularities committed by          did not satisfy the obligation to provide a statement of
the selection board for competition B/228 prevented them              reasons . He considers that the facts brought to his
from being included on the list of successful candidates and          knowledge, such as they were, were incapable of
therefore from having their posts reclassified as B5 in 1990          constituting the legal basis for a decision as serious as one of
or, at the latest, in 1991 ; as a result, they lost three years'      dismissal .
seniority in grade B5 . Moreover, their chances of securing
rapid promotion to grade B4 and then to grade B3 have been            He also pleads infringement of Article 34 of the Staff
considerably diminished by the budgetary restrictions                 Regulations, claiming that the work carried out in the
imposed since 1991 . They conclude that the effects of the            matter by the Reports Committee followed a course which
irregularities committed by the selection board were                  blatantly disregarded the rules in force within the
perpetuated as far as they were concerned, despite the                Commission, those rules having been laid down in order to
measures taken by the Council to comply with the judgment             ensure the impartiality of the members of the various
of the Court of Justice and seek redress for the material             committees and the objectivity of the work done by them.
damage suffered .                                                     He concludes from the foregoing that the opinion arrived at
                                                                      by the Committee was adopted following an improper
The applicants also maintain that they suffered                       procedure and that the contested decision is unlawful
non-material damage through not having been entered on                inasmuch as it is based, in particular, on that opinion.
 ---pagebreak--- 3 . 6 . 95         I EN I               Official Journal of the European Communities                             No C 137/37
The applicant further maintains that his probationary                   Removal from the register of Case T-5 19/93 ( J )
period did not proceed under normal conditions and that his                                 {■95/C 137/79 )
hierarchical superiors did not provide him with the specific
training essential for the performance of his employment,
nor even with the appropriate advice and necessary                               (Language of the case: English)
instructions . Consequently, they manifestly failed to fulfil
their duty to have regard for his welfare and interests .
                                                                   By order of 20 March 1995 the President of the Second
                                                                   Chamber (extended composition) of the Court of First
Lastly, the applicant asserts that there has been a manifest       Instance of the European Communities ordered the removal
error of assessment, that the statement of reasons given is        from the register of Case T-5 19/93 : Comafrica SpA, Dole
inconsistent and that it is impossible to asses whether that       Fresh Fruit Europa Ltd & Co. and Dole Fresh Fruit
statement is well founded .                                        International Limited v. Council of the European Union and
                                                                   Commission of the European Communities .
                                                                   (!) OJ No C 188 , 10 . 7. 1993 .