CELEX: C2000/163/65
Language: en
Date: 2000-06-10 00:00:00
Title: Case T-92/00: Action brought on 19 April 2000 by the Territorio Histórico de Alava, Arabako Foru Aldundia — Diputación Foral de Alava against the Commission of the European Communities

10.6.2000             EN                     Official Journal of the European Communities                                     C 163/33
Pleas in law and main arguments                                         Action brought on 19 April 2000 by Tamara Zaur-Gora
                                                                          against the Commission of the European Communities
The applicant contests the decision of the appointing authority
to reduce the amount of the daily allowance in respect of a                                       (Case T-95/00)
mission to Dublin.
                                                                                                 (2000/C 163/66)
In support of his claims, the applicant puts forward two pleas
in law:
                                                                                           (Language of the case: French)
— breach of Article 85 of the Staff Regulations on recovery
     of undue payment. The appointing authority has not                 An action against the Commission of the European Communi-
     proved that the applicant had been aware that there was            ties was brought before the Court of First Instance of the
     no due reason for paying the expenses of his mission;              European Communities on 19 April 2000 by Tamara Zaur-
                                                                        Gora, residing at Lodelinsart (Belgium), represented by Jean-
— incorrect interpretation of Point VIII of the Guide on                Noël Louis and Véronique Peere, of the Brussels Bar.
     Missions.
                                                                        The applicant claims that the Court should:
                                                                        — annul the decision of the selection board in competition
                                                                             COM/C/2/99 rejecting the application submitted by the
                                                                             applicant;
Action brought on 19 April 2000 by the Territorio                       — order the defendant to pay the costs.
Histórico de Alava, Arabako Foru Aldundia — Diputación
Foral de Alava against the Commission of the European                   Pleas in law and main arguments
                          Communities
                                                                        The applicant has worked for the Commission since 1 October
                         (Case T-92/00)                                 1997, initially as a member of the auxiliary staff, then as a
                                                                        member of the interim staff and then once again as a member
                        (2000/C 163/65)                                 of the auxiliary staff. During the period when she was working
                                                                        as a member of the interim staff, she submitted her application
                                                                        as a candidate in open competition COM/2/99. The annex to
                  (Language of the case: Spanish)                       the notice of competition provided that the age limit laid down
                                                                        in it was not applicable to candidates who had possessed, for
An action against the Commission of the European Communi-               an uninterrupted period of more than one year, the status of
ties was brought before the Court of First Instance of the              an official or servant of the European Communities as at the
European Communities on 19 April 2000 by the Territorio                 date marking the deadline for submission of applications. On
Histórico de Alava, Arabako Foru Aldundia — Diputación                that basis, her application to take part in the competition was
Foral de Alava, established in Vitoria, Spain, represented by           rejected.
Antonio Creus Carreras and Begoña Uriarte Valiente, lawyers.
                                                                        In support of her claims, the applicant puts forward the
The applicant claims that the Court should:                             following pleas:
— annul the Commission’s decision of 22 December 1999                   — infringement of the principles of sound administration and
     inasmuch as it declares the fiscal measures provided for in             proper staff management;
     Normas Forales de Alava Nos 22/1994 and 24/1996 to be
     incompatible with the common market and requires the               — the commission in the present case of a manifest error of
     Spanish State to effect recovery in respect thereof;                    assessment, as well as abuse of process.
— order the Commission to pay all the costs.                            In the applicant’s view, the duties performed by her may be
                                                                        regarded as permanent tasks to be carried out in the public
                                                                        service of the Community, since the formal nature of the
Pleas in law and main arguments                                         contracts concluded by her with the Commission and the
                                                                        classification applied to them by the parties had no effect on
The pleas in law and main arguments are similar to those put            those de facto circumstances. Consequently, the contracts
forward in Case T-127/99 Diputación Foral de Alava v                   concluded since 22 May 1997 must be regarded, according to
Commission (1).                                                         the applicant, as having been entered into with a member of
                                                                        the temporary staff, having regard to the nature of the tasks to
                                                                        be carried out and the circumstances in which she has
(1) OJ C 226 of 7.8.1999, p. 41.                                        performed her duties since that date.