CELEX: C1996/133/61
Language: en
Date: 1996-05-04 00:00:00
Title: Action brought on 6 March 1996 by Boubeker Maayouchi against the Commission of the European Communities (Case T-27/96)

No C 133/28          EN                  Official Journal of the European Communities                                        4 . 5 . 96
 Marc Kleyr, of the Luxembourg Bar, with an address                  of the right to a fair hearing and the principle of
 for service in Luxembourg at his Chambers, 17 Rue                   non-retroactivity, and are incompatible with Articles 21 and
 Louvigny.                                                            1 1 of the Staff Regulations .
The applicant claims that the Court should:                          As regards the decision not to act on the request submitted
                                                                     pursuant to Article 90 of the Staff Regulations, the applicant
— annul the decision of the Court's complaints committee,            maintains,     first,  that    the   defendant    erred    in    its
     communicated on 31 January 1996, rejecting the                  characterization of the facts giving rise to that request. He
     complaint submitted by the applicant on 3 October               also maintains that the decision does not contain a sufficient
     1 995 ,                                                         statement of the reasons on which it is based, in accordance
— annul the 'opinion' of the Head of the Portuguese                  with Article 25 of the Staff Regulations, and that it is
     Translation Division of 21 January 1994 exhibited as            incompatible with the principle of non-retroactivity . Lastly,
     Annex 2 to the answers given by the administration of           he complains that, by adopting that decision, the defendant
     the Court of Justice to the questions put to the parties by     supported those responsible for the unlawful acts from
     the Court of First Instance in Joined Cases T-547/93 and        which he has suffered since 1987 .
    T-280/94 Lopes v. Court of Justice of the European
     Communities ,
— annul the document entitled 'Analysis of sample I'
    exhibited as Annex 1 to the answers dated 29 June 1995           Action brought on 6 March 1996 by Boubeker Maayouchi
    given by the administration of the Court of Justice to the          against the Commission of the European Communities
    questions put by the Court of First Instance in Joined                                    ( Case T-27/96 )
     Cases T-547/93 and T-280/94,
                                                                                                96/C 133/61 )
— annul the decision not to act on the request submitted on
    7 July 1995 seeking the cessation of the abuse of powers                         (Language of the case: French)
    or authority committed in relation to the applicant
    by the Head of Translation and jurist-revisers in               An action against the Commission of the European
    the Portuguese Translation Division, which was                   Communities was brought before the Court of First
    communicated by memorandum of 21 July 1995 from                  Instance of the European Communities on 6 March 1996 by
    the Registrar of the Court,                                      Boubeker Mayyouchi, residing in Rabat ( Morocco ),
— award the applicant damages of not less than Bfr                  represented by Nicolas Lhoëst, of the Brussels Bar, with an
    20 000 000 by way of compensation for the material               address for service in Luxembourg at the offices of
    and non-material damage suffered by him as a result of           Fiduciaire Myson Sari , 1 Rue Glesener.
    the conduct of the servants of the Court of Justice,
                                                                    The applicant claims that the Court should:
— order the defendant to pay all of the costs .
                                                                    — declare that the Commission failed to verify that the
Pleas in law and main arguments                                           procedure for the election of representatives for staff
                                                                          serving outside the Community was conducted in
The applicant maintains, first, that the decision rejecting the           accordance with the procedural and substantive rules
complaint was adopted in clear breach of the first paragraph              governing such elections,
of Article 24 of the Staff Regulations of officials, since the
nature of the contested acts is such as to call in question his     — declare that the list of voters in the local staff
personal and professional reputation and the defendant                    constituency, drawn up by the Head of the
administration failed to take all necessary measures to                   Commission's Delegation to Morocco, is incomplete,
ascertain whether or not there was any substance to the
serious accusations contested by the applicant.                     — annul the Electoral Committee's decision to reject two of
                                                                          the votes cast by local staff in the regional ballot held at
As regards the assessments contained in the document of                   the Commission's Delegation to Morocco,
21 January 1994 , the applicant observes that those
assessments do not appear in the reports concerning him             — annul the election result adopted by the Electoral
and were not communicated to him, so that he was                          Committee at its meeting of 13 February 1995 in so far
prevented from exercising his right to be heard in due                    as it declared Bassel Kaghadou as the elected regional
course, as required by Articles 26 and 43 of the Staff                    representative for the local staff constituency in
Regulations . He further claims that it is not possible to                geographical area No 7,
ascertain from the statements made in the assessments
whether or not those assessments are well founded, and that         — in so far as may be necessary, annul the decision adopted
this necessarily results in an infringement of Article 25 of the          by the Commission explicitly rejecting the applicant's
Staff Regulations.                                                        complaint,
As regards the second contested document, the applicant             — at the very least, declare that the Commission has
considers that that document does not constitute an                       committed errors in relation to the organization of the
impartial and objective analysis of his work, and he contests             elections and the counting of votes from Morocco and
the validity of the assessments contained in it. He further               order the Commission to pay the applicant 1 franc by
observes that that document contains assessments regarding                way of symbolic compensation for non-material
his conduct which were adopted in disregard of the principle              damage,
 ---pagebreak--- 4 . 5 . 96            HN                  Official Journal of the European Communities                                No C 133/29
— order the Commission to pay the costs in their                     Instance of the European Communities on 6 March 1996 by
     entirety .                                                      Doreen Chew, residing in Suva ( Fiji ), represented by Nicolas
                                                                     Lhoëst, of the Brussels Bar, with an address for service in
                                                                     Luxembourg at the offices of Fiduciaire Myson Sari, 1 Rue
Pleas in law and main arguments                                      Glesener .
The applicant, who is a member of the local staff employed
by the Commission's Delegation to Morocco, contests the              The applicant claims that the Court should:
irregularities which he alleges have vitiated the procedure
for electing representatives of staff serving outside the
                                                                     — annul the Electoral Committee's decision accepting the
Community .
                                                                         votes from the Delegation to the Solomon Islands, cast in
                                                                         the regional ballot for geographical area No 3 for the
At its meeting of 13 February 1995 , the Electoral                       election of a representative for local staff,
Committee — reversing an earlier decision — took the view
that, out of 23 votes cast in a regional ballot in Morocco for
the election of a member of the local staff, two were invalid,       — annul the election result announced by the Electoral
in the first case because the vote was not indicated on the              Committee at its meeting of 13 February 1995 in so far
regulation ballot paper, in the second because the vote was              as it named the regional representative elected by the
cast by correspondence and the outside envelope bearing the              local staff constituency for geographical area No 3 ,
name and signature of the voter was not attached to the list
of voters' signatures . As a result of the position adopted by       — declare the applicant to be the representative elected for
the Committee, the applicant was not elected.                            the local staff constituency in geographical area
                                                                         No 3 ,
The applicant maintains, first, that the voters' list drawn up
by the Head of the Commission's Delegation to Morocco                — in so far as may be necessary, annul the decision adopted
was incomplete because it did not include three members of               by the Commission expressly rejecting the applicant's
the local staff on temporary contracts who were eligible to              complaint,
vote . Those persons are members of the local staff, whether
or not they are on temporary contracts, and must at the very
least be treated as local staff since they have been in service      — at the very least, declare that the Commission has
for 3 years, 15 months and 12 months, respectively. The                  committed an error by taking into consideration the
Commission therefore acted in breach of its duty under                   votes from the Solomon Islands for the election of a
Article 9 ( 2 ) of the Staff Regulations to ensure that the              member of the local staff in the regional ballot and order
electoral procedure is properly conducted .                              the Commission to pay the applicant 1 franc by way of
                                                                         symbolic compensation for non-material damage,
Secondly, the applicant contests the Electoral Committee's
rejection of two of the votes freely entered by                      — order the Commission to pay the costs in their
correspondence . The applicant emphasizes that those two                 entirety .
votes were cast strictly in accordance with the free choice of
each voter. The fact that the special form was not used
cannot therefore affect the validity of the vote reflecting that     Pleas in law and main arguments
free choice . Furthermore , in so far as the voters from the
Morocco Delegation did not comply with certain formal                The applicant relates that, during December 1994, elections
procedural rules, but without prejudice to the certainty and         were held to provide for local and regional representation of
effectiveness of the vote, the applicant cannot be penalized         staff serving outside the Community in the various
for shortcomings which are a direct result of a failure on the       Commission delegations . At the meeting convened on
part of the Flead of Delegation to provide information .             12 January 1995 to establish the election report, the
                                                                     Electoral Committee declared that at the Delegation to the
                                                                     Solomon Islands the members of local staff had cast six
                                                                     votes in the regional ballot, whereas only five voters had
                                                                     signed the list of voters/signatures; the Committee also
                                                                     declared that if the votes from the Solomon Islands were not
                                                                     counted, the applicant would win the election . The Head of
Action brought on 6 March 1996 by Doreen Chew against                the Commission's Delegation to the Solomon Islands
        the Commission of the European Communities                   informed the Electoral Committee that the signature of one
                        ( Case T-28/96 )                             voter, who had voted, did not appear on the list of
                                                                     voters/signatures because of a ' substantive error' and
                          ( 96/C 133/62                              forwarded a copy, duly rectified, of the list in question. The
                                                                     Electoral Committee decided, therefore, at its meeting of
                (Language of the case: French)                       13 February 1995 , to accept the results forwarded from the
                                                                     Delegation to the Solomon Islands and declared that
                                                                     another candidate had been elected, not the applicant. The
An action against the Commission of the European                     applicant submitted a complaint against that decision,
Communities was brought before the Court of First                    which was expressly rejected .