CELEX: C2001/289/77
Language: en
Date: 2001-10-13 00:00:00
Title: Case T-196/01: Action brought on 20 August 2001 by Aristotelio Panepistimio Thessalonikis against the Commission of the European Communities

13.10.2001              EN                     Official Journal of the European Communities                                     C 289/35
—     order the Commission to pay the costs.                                    damage suffered by him, the sum of 10 000 euros,
                                                                                subject to increase or reduction during the course of the
                                                                                proceedings;
Pleas in law and main arguments                                           —     order the defendant to pay the costs in any event.
The pleas in law and main arguments are those relied upon in              Pleas in law and main arguments
Case T-178/01 Di Lenardo Adriano.
                                                                          In support of his action, the applicant invokes Articles 25 and
(1) OJ L 126, 8.5.2001, p. 6.                                             43 of the Staff Regulations, the general provisions for the
                                                                          implementation of Article 43 of the Staff Regulations and the
                                                                          principles of sound administration, the protection of legitimate
                                                                          expectations and legal certainty. The applicant further claims
                                                                          that there has been a misuse of powers.
Action brought on 7 August 2001 by Arnaldo Mellone
  against the Commission of the European Communities
                                                                          Action brought on 20 August 2001 by Aristotelio Panepis-
                          (Case T-187/01)                                 timio Thessalonikis against the Commission of the Euro-
                                                                                                pean Communities
                          (2001/C 289/76)
                                                                                                  (Case T-196/01)
                    (Language of the case: French)                                                (2001/C 289/77)
An action against the Commission of the European Communi-                                    (Language of the case: Greek)
ties was brought before the Court of First Instance of the
European Communities on 7 August 2001 by Arnaldo Mel-                     An action against the Commission of the European Communi-
lone, residing in Brussels, represented by Eric Boigelot, avocat,         ties was brought before the Court of First Instance of the
with an address for service in Luxembourg.                                European Communities on 20 August 2001 by Aristotelio
                                                                          Panepistimio Thessalonikis (Aristotle University, Thessaloniki),
                                                                          represented by Dimos Nikopoulos, of the Thessaloniki Bar.
The applicant claims that the Court should:
                                                                          The applicant claims that the Court should:
—     annul the decision adopted by the appointing authority
      on 10 July 2000, whereby the applicant’s staff report for           —     annul Decision C (2001) 1284 of the European Com-
      the period from 1 July 1995 to 30 June 1997 were                          mission of 8 June 2001 withdrawing assistance granted
      declared definitive by the appeal assessor, and, in so far                to the Laboratory for Forest Genetics and Improvement
      as may be necessary, annul the note of 18 July 2000                       of Forest Species of the Aristotelio Panepistimio Thessa-
      rectifying the material error as to the period covered by                 lonikis by Commission Decision C (96) 2542 of 25 Sep-
      the report in question;                                                   tember 1996 concerning the grant of assistance by the
                                                                                EAGGF Guidance Section, pursuant to Council Regu-
—     annul the decision of 24 April 2001, received by the                      lation (EEC) No 4256/88, in connection with Project
      applicant on 7 May 2001, expressly rejecting his com-                     No 93.EL.06.023 entitled: pilot project relating to the
      plaint;                                                                   speeding-up of the replacement of forests destroyed by
                                                                                fire in Greece.
—     in consequence of those annulments, rule that the
      applicant’s staff report for the period from 1 July 1995            —     order the defendant to pay the costs.
      to 30 June 1997 is not definitive and should not, as it
      currently stands, be placed on the applicant’s personal
      file, or alternatively that it should be withdrawn pending          Pleas in law and main arguments
      completion of the proper, definitive staff report to be
      prepared;                                                           The applicant submits that the contested Commission decision
                                                                          infringes Article 24 of Regulation (EEC) No 4253/88 and the
—     order the defendant to pay to the applicant, by way of              principle of proportionality. In addition, the reasoning given
      compensation for the professional and non-material                  in the decision is not lawful or sufficient.