CELEX: C2003/289/69
Language: en
Date: 2003-11-29 00:00:00
Title: Case T-339/03: Action brought on 6 October 2003 by Gabrielle Clotuche against the Commission of the European Communities

C 289/34              EN                          Official Journal of the European Union                                       29.11.2003
In the event that the Court does not make the declaration                 —     annul the decision of the Commission of 1 October 2003
primarily sought against the contested regulation, the appli-                   fixing the new organigram of DG ESTAT in so far as it
cants seek in the alternative a declaration from the Court that                 does not thereby constitute a reassignment of the appli-
Article 2 of Regulation No 1260/2001 is unlawful and                            cant where another individual reassignment measure is
inapplicable in so far as it enables the Commission when                        ordered in addition;
setting the derived intervention price on the basis of market
trends to disregard the effect of unrestricted imports free of            —     order the Commission to pay her EUR 25 000 by way of
duty.                                                                           compensation for the non-material damage suffered as a
                                                                                result of irregular conduct;
Second, the applicants assert that the statement of reasons for           —     order the Commission to pay the costs in their entirety.
the contested regulation appears inadequate and contradictory
given that, by that measure, the Commission has altered its
own practice of preceding years — inasmuch as Italy was not
included in the States covered by regionalisation — without
                                                                          Pleas in law and main arguments
any objective justification for that change and without taking
account of the specific situation arising from the abovemen-
tioned imports free of duty of white sugar from the Balkans.
                                                                          The applicant, a Commission official, was transferred on
                                                                          16 January 2003 to Eurostat as Director of the Social Statistics
                                                                          Directorate. On 9 July 2003, in view of the serious irregularities
Third, and in the alternative, the applicants submit that even            which allegedly took place in Eurostat, the Commission
without taking account of the imports free of duty of white
                                                                          decided to move all Eurostat’s directors, including the appli-
sugar from the Balkans in assessing domestic supply, the                  cant, to posts as Principal Advisers. On 1 October 2003, the
Commission should not deemed Italy to be a ‘deficit area’.                Commission decided on a new structure for the reformed DG
                                                                          ESTAT departments and decided that, in principle, it would
                                                                          open applications for the posts in the new directorates to both
(1) OJ L 162 of 1.7.2003, p. 24.
                                                                          external and internal applicants, without taking account of the
(2) Council Regulation (EC) No 1260/2001 of 19 June 2001 on the
    common organisation of the markets in the sugar sector (OJ            applicant. The applicant contests both those decisions claiming
    L 178 of 30.6.2001, p. 1).                                            that the alleged irregularities within Eurostat took place until
                                                                          2001 at the latest, while she was not posted there until 2003
                                                                          and was thus not involved in them. In support of her
                                                                          application, she alleges infringement of Articles 4, 7, 24, 25
                                                                          and 47 of the Staff Regulations, breach of the principle of
                                                                          equal treatment and of prohibition of discrimination, the
                                                                          principle of sound administration, the principles ‘audi alteram
                                                                          partem’ and ‘patere legem’, manifest error of assessment, abuse
                                                                          of process and misuse of powers.
Action brought on 6 October 2003 by Gabrielle Clotuche
  against the Commission of the European Communities
                         (Case T-339/03)
                         (2003/C 289/69)
                                                                          Action brought on 2 October 2003 by Wanadoo Inter-
                   (Language of the case: French)                         active S.A. against the Commission of the European
                                                                                                     Communities
                                                                                                   (Case T-340/03)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
                                                                                                   (2003/C 289/70)
European Communities on 6 October 2003 by Gabrielle
Clotuche, residing in Brussels, represented by Pierre-Paul Van
Gehuchten, Gilbert Demez Jacques Sambon, lawyers.                                             (Language of the case: French)
The applicant claims that the Court should:
                                                                          An action against the Commission of the European Communi-
—     annul the decision of the Commission of 9 July 2003 to              ties was brought before the Court of First Instance of the
      reassign the applicant by transfer in the interest of the           European Communities on 2 October 2003 by Wanadoo
      service from her post as Director of the Social Statistics          Interactive S.A., whose registered office is in Issy-les-Mou-
      Directorate at Eurostat to a post as Principal Adviser at           lineaux (France), represented by O.W. Brouwer, H. Calvet,
      Eurostat;                                                           M. Pittie and J. Philippe, lawyers.