CELEX: C1997/131/47
Language: en
Date: 1997-04-26 00:00:00
Title: Action brought on 11 February 1997 by Agnès Hubert against the Commission of the European Communities (Case T-28/97)

No C 131 /20           EN                 Official Journal of the European Communities                                   26 . 4 . 97
  Action brought on 11 February 1997 by Agnes Hubert                   The    material   harm     liable to   occur is harm  to    the
     against the Commission of the European Communities                applicant's career, there being a risk that the disputed
                           ( Case T-28/97)                             decisions will prevent or delay her promotion to duties at
                                                                       A 3 level . The non-material harm stems from the fact that
                            ( 97/C 131 /47)                            she has been removed from her duties without that being
                                                                       justified in the interest of the service and the fact that
                                                                       doubt has been cast on her professional abilities.
                  (Language of the case: French)
  An action against the Commission of the European
  Communities was brought before the Court of First
  Instance of the European Communities on 11 February
  1997 by Agnes Hubert, resident in Brussels, represented
  by Marc-Albert Lucas of the Liege Bar, with an address               Action brought on 11 February 1997 by Alain Liberos
  for service in Luxembourg at the Chambers of Evelyne                    against the Commission of the European Communities
  Korn, 21 Rue de Nassau.
                                                                                               ( Case T-29/97)
  The applicant claims that the Court should:                                                    ( 97/C 131 /48 )
  — annul the decision of the appointing authority, notified                           (Language of the case: French)
       to her by a memorandum of 27 March 1996,
       transferring her, or changing her post or duties as
       Head of Unit V.A.3 (Equal Opportunities ) to a post or          An action against the Commission of the European
       duties as Adviser in Directorate E ( Social Policy and
                                                                       Communities was brought before the Court of First
       Action ), and all related decisions,
                                                                       Instance of the European Communities on 11 February
                                                                       1997 by Alain Liberos, residing in Brussels, represented by
  — order the Commission to pay her the provisional sum                Marc-Albert Lucas, of the Liege Bar, with an address for
       of one Belgian franc in damages for the material harm           service in Luxembourg at the Chambers of Evelyne Korn,
                                                                       21 Avenue de Nassau .
       liable to be occasioned to her by the contested
       decisions, subject to subsequent increase depending on
       how that harm develops,
                                                                       The applicant claims that the Court should:
  — order the Commission to pay her BFR 300 000 in
       damages for the non-material harm occasioned to her
       by the contested decisions,                                     — annul the Commission 's decision definitively placing
                                                                            the applicant in Grade 7 of Category A, Step 3 , by an
                                                                            agreement supplementary to his contract of service,
  — order the Commission to pay the costs .
                                                                       — annul the Commission 's decision of 5 November 1996
  Pleas in law and main arguments adduced in support:                       rejecting the applicant's administrative complaint of
                                                                            28 March 1996 ,
  By a memorandum of 27 March 1996, the appointing
  authority informed the applicant, an official in Grade A 4,
  Step 2, that it had been decided to change her posting as            — order the Commission to pay the costs.
  Head of Unit V.A.3 and to assign her to the post of
  Adviser to the Director of Directorate E of DG V. That
' decision took effect on 1 April 1996 .                               Pleas in law and main arguments adduced in support:
  The applicant considers that Articles 4 and 29 of the Staff
  Regulations have been infringed since, according to the              The applicant is a member of the temporary staff of the
  case-law of the Court of First Instance, a decision to               Commission of the European Communities in Grade A 7,
  transfer an official is subject to the requirements of those         Step 3 . On 1 July 1995 he was appointed to Grade A 7,
  articles. She also alleges that Article 25 of the Staff              Step 1 . By an agreement of 15 March 1996 ,
  Regulations was infringed because no reasons were given              supplementary to his contract of service, he was
  in the memorandum informing her of the disputed                      definitively classed in his current grade .
  decision, and that Article 7 thereof was infringed because,
  according to the case-law of the Court of Justice and of
  the Court of First Instance, decisions to transfer officials         The applicant maintains that his specific professional
  against their will are permissible only if they are based on         training and experience should be given due recognition as
  the interest of the service, which is not the case with the          of 1 July 1995 , the date when his contract took effect.
  disputed decision.                                                   Since, having gained his Maitrise during June 1983 , he