CELEX: C2000/211/53
Language: en
Date: 2000-07-22 00:00:00
Title: Removal from the register of Case T-75/98

22.7.2000              EN                      Official Journal of the European Communities                                         C 211/25
The applicant claims that the Court should:                               — order the European Parliament to pay default interest on
                                                                              the secretarial allowances due but not paid, together with
— annul the decision of the selection board in internal                       such sum as the Court shall think fit in respect of the non-
    competition COM/TA/99 rejecting the application submit-                   material damage suffered by the applicant as a result of the
    ted by the applicant;                                                     discriminatory conduct of the European Parliament in
                                                                              relation to her;
— order the defendant to pay the costs.
                                                                          — order the European Parliament to pay the costs.
Pleas in law and main arguments
The applicant in the present case, who was a category B                   Pleas in law and main arguments
member of the auxiliary staff from December 1996 and May
1997 and subsequently established as an official, contests the
                                                                          The applicant in the present case is challenging what she
refusal to accept her application to take part in internal
                                                                          regards as a reduction in her remuneration resulting from her
competition COM/TA/99 based on tests for the constitution
                                                                          transfer from the Court of Justice to the defendant institution.
of a reserve list of administrators and principal administrators.
                                                                          She claims that the reduction in question has arisen by virtue
                                                                          of the non-payment, in her new post, of the secretarial
The decision rejecting her application is based on the twofold            allowance. She is also challenging the fact that she has not
grounds that (i), contrary to point II(b) of the notice of                been promoted to grade B4 despite having been told by the
competition, she did not enter the service of the Commission              institution from which she moved that such promotion should
by no later than 1 February 1997 and (ii) that her professional           not present any problem, similar cases having previously
experience, gained in category B, could not be regarded as                arisen in the past.
being at a level equivalent to that required for the duties
performed, as described in point I of that notice.
                                                                          The applicant considers that it is more equitable to apply a
In support of her claims, the applicant pleads:                           non-restrictive interpretation to the notion of remuneration.
                                                                          In her view, it is not appropriate to apply a literal interpretation
— the existence in the present case of a manifest error of                to the wording of Article 46 of the Staff Regulations, the
    assessment and a misuse of powers;                                    decisive factor being the amount received by the official or
                                                                          agent concerned at the end of the month.
— infringement of Articles 5 and 27 of the Staff Regulations;
    and                                                                   She also pleads infringement of Article 62 of the Staff
                                                                          Regulations and breach of the principle of non-discrimination.
— the illegality of the notice of competition COM/TA/99.
Action brought on 26 May 2000 by Daniela Tirelli against
                    the European Parliament                                       Removal from the register of Case T-75/98 (1)
                         (Case T-144/00)
                                                                                                   (2000/C 211/53)
                         (2000/C 211/52)
                                                                                              (Language of the case: Italian)
                    (Language of the case: French)
                                                                          By order of 22 May 2000, the Court of First Instance of the
An action against the European Parliament was brought before              European Communities (single judge: Mr Vesterdorf) ruled that
the Court of First Instance of the European Communities                   Case T-75/98 Arnaldo Lucaccioni v Commission of the
on 26 May 2000 by Daniela Tirelli, residing at Dahlem                     European Communities be removed from the register.
(Luxembourg), represented by Gaston Vogel and Ferdinand
Burg, of the Luxembourg Bar.
                                                                          (1) OJ C 234 of 25.7.1998.
The applicant claims that the Court should:
— annul the decision of September 1999 reducing her
    remuneration;