CELEX: C2003/213/71
Language: en
Date: 2003-09-06 00:00:00
Title: Order of the President of the Court of First Instance of 25 June 2003 in Case T-175/03 R: Norbert Schmitt v European Agency for Reconstruction (Interim relief — Admissibility)

C 213/36                EN                            Official Journal of the European Union                                         6.9.2003
ORDER OF THE PRESIDENT OF THE COURT OF FIRST                                  (3) order Europol to pay the applicant compensation includ-
                            INSTANCE                                                ing in any event the costs of the proceedings.
                          of 25 June 2003
                                                                              Pleas in law and main arguments
in Case T-175/03 R: Norbert Schmitt v European Agency
                        for Reconstruction
                                                                              The applicant has worked for the defendant since 1 July 1999.
                 (Interim relief — Admissibility)                             On 1 July 2003 her contract expires. However, the applicant’s
                                                                              request for a renewal of her contract was rejected by the
                                                                              defendant. The applicant is challenging that decision.
                          (2003/C 213/71)
                    (Language of the case: French)                            In support of her application the applicant first alleges an
                                                                              infringement of the duty to provide a statement of reasons.
In Case T-175/03 R: Norbert Schmitt, residing in Koellerbach                  The applicant goes on to assert that the defendant exceeded its
(Germany), represented by L. Polanz, lawyer, against European                 policy-making powers. The defendant drew up basic principles,
Agency for Reconstruction (Agent: C. Manolopoulos) —                          policy rules and a stage plan to ensure that contracts are
application for suspension of operation of the decision of the                extended in a clear and transparent manner. According to the
European Agency for Reconstruction to revoke the applicant’s                  applicant the defendant exceeded its margin of discretion in
contract of employment — the President of the Court of First                  the application of those rules.
Instance has made an order on 25 June 2003, the operative
part of which is as follows:
                                                                              Finally, the applicant submits that there was an infringement
1.    The application for interim relief is dismissed.                        of the duty of care, as well as an infringement of the principle
                                                                              of equal treatment.
2.    Costs are reserved.
                                                                              Lastly, the applicant asserts that the defendant misused its
                                                                              competence. The applicant states that the Netherlands Minister
                                                                              for Home Affairs carried out a security check on the applicant
                                                                              at the defendant’s request. That investigation disclosed nothing
                                                                              adverse against the applicant. However, according to the
                                                                              applicant, the mere fact that a security check was carried out
Action brought on 29 April 2003 by Elisabeth Saskia Smit                      constituted the actual reason for the refusal to extend her
                             v Europol                                        contract.
                          (Case T-143/03)
                          (2003/C 213/72)
                    (Language of the case: Dutch)
                                                                              Action brought on 30 April 2003 by Jose Maria Sison
                                                                                        against the Council of the European Union
An action against Europol was brought before the Court of
                                                                                                      (Case T-150/03)
First Instance of the European Communities on 29 April 2003
by Elisabeth Saskia Smit, represented by P. de Casparis and
M.F. Baltussen.                                                                                       (2003/C 213/73)
The applicant claims that the Court should:                                                      (Language of the case: English)
(1) annul the rejection by Europol on 25 February 2003
      of the applicant’s complaint against the decision of
      30 September 2002, together with the latter decision;                   An action against the Council of the European Union was
                                                                              brought before the Court of First Instance of the European
(2) order Europol to extend the applicant’s contract of                       Communities on 30 April 2003 by Jose Maria Sison, Utrecht,
      employment until 1 July 2007 or such other date as the                  the Netherlands, represented by Mr J. Fermon, Mr A. Comte,
      Court may determine;                                                    Mr E. Schultz and Mr D. Gurses, lawyers.