CELEX: C2002/233/48
Language: en
Date: 2002-09-28 00:00:00
Title: Case T-201/02: Action brought on 28 June 2002 by Pierre Tomarchio against the Court of Auditors of the European Communities

C 233/26              EN                      Official Journal of the European Communities                                      28.9.2002
The applicant claims that the Court should:                              The applicant claims that the Court should:
—     annul the decision of the Commission of 25 February                —      annul the Commission’s decision of 27 July 2001 refusing
      2002 imposing on the applicant the penalty provided for                   to classify the applicant in the higher grade of his career
      in Article 86(2)(f) of the Staff Regulations, namely                      bracket in accordance with Article 31(2) of the Staff
      removal from post without loss of entitlement to pension;                 Regulations;
—     annul any connected and/or subsequent decision;                    —      annul, in so far as is necessary, the express decision
                                                                                adopted by the Court of Auditors on 26 February 2002
—     order the Commission to pay to the applicant                              in which it rejected the complaint submitted by the
      EUR 12 500 by way of compensation for non-material                        applicant pursuant to Article 90(2) of those regulations;
      damage;
                                                                         —      order the Court of Auditors to pay all the costs of these
—     order the Commission to pay the entire costs.                             proceedings.
Pleas in law and main arguments                                          Pleas in law and main arguments
The applicant was found guilty of a number of criminal                   The applicant in this case, a former official of the Commission
offences by the Cour d’Appel, Brussels. However, that court              and the Court of Auditors of the European Communities,
ordered a suspended sentence of 5 years subject to a number              contests the refusal of the appointing authority to classify him
of conditions in order to avoid affecting the applicant’s civic          in the higher grade of his career bracket at the time of his
status.                                                                  recruitment to grade B5 step 3, following his inclusion on the
                                                                         list of suitable candidates drawn up on the basis of competition
                                                                         No COM/B/340.
Subsequently, in view of the seriousness of the offences, the
Commission removed the applicant from his post without loss
of entitlement to pension.                                               In support of his claims, the applicant alleges that:
                                                                         —      substantive errors and manifest errors of assessment were
In support of his arguments, the applicant alleges lack of a                    made in respect of his professional qualifications, the
statement of reasons and breach of the rights of the defence.                   length and relevance of his professional experience with
Moreover, the applicant claims that the disciplinary measure is                 regard to the post to be filled, and the level of his
disproportionate to the seriousness of the effect of his conduct                remuneration in his successive positions;
on the institution and his work. Finally, the applicant alleges
infringement of Article 7 of Annex IX to the Staff Regulations.          —      the obligation to state reasons was not observed.
Action brought on 28 June 2002 by Pierre Tomarchio                       Action brought on 2 July 2002 by The Sunrider Corpor-
against the Court of Auditors of the European Communi-                   ation against the Office for Harmonisation in the Internal
                              ties                                                                     Market
                        (Case T-201/02)                                                           (Case T-203/02)
                        (2002/C 233/48)                                                           (2002/C 233/49)
                  (Language of the case: French)                                             (Language of the case: English)
An action against the Court of Auditors of the European                  An action against the Office for Harmonisation in the Internal
Communities was brought before the Court of First Instance               Market was brought before the Court of First Instance of the
of the European Communities on 28 June 2002 by Pierre                    European Communities on 2 July 2002 by The Sunrider
Tomarchio, residing in Nancy (France), represented by Nicolas            Corporation, represented by Mr Axel Kockläuner of Meissner,
Lhoëst, lawyer, with an address for service in Luxembourg.               Bolte & Partner in Munich, Germany.