CELEX: C2006/121/36
Language: en
Date: 2006-05-20 00:00:00
Title: Case F-28/06: Action brought on  17 March 2006  — Sequeira Wandschneider v Commission

20.5.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 121/19
            
         Action brought on 17 March 2006 — Sequeira Wandschneider v Commission
   (Case F-28/06)
   (2006/C 121/36)
   Language of the case: French
   Parties
   
      Applicant: Paulo Sequeira Wandschneider (Brussels, Belgium) (represented by: G. Vandersanden and C. Ronzi, lawyers)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
               —
            
            
               Annul the applicant's career development report (CDR) covering the reference period from 1 January 2004 to 31 December 2004;
            
         
               —
            
            
               As far as necessary, annul the decision rejecting the complaint brought by the applicant on 5 September 2005;
            
         
               —
            
            
               Order the defendant to pay damages and interest to compensate for the material and non-material loss suffered, assessed on an equitable basis, reserving the right to increase their amount to EUR 5 000;
            
         
               —
            
            
               Order the Commission of the European Communities to pay the costs.
            
         Pleas in law and main arguments
   The applicant, a Commission official with responsibility, inter alia, for conducting investigations into dumping practices, challenges the validity of his CDR in respect of the 2004 appraisal exercise.
   In his application, he submits that his immediate superior awarded him lower marks than he deserved, on account of his refusal to favour the interest of Community industry during his investigations.
   He also argues that the procedure followed in order to compile his CDR infringes Article 43 of the Staff Regulations, the general provisions implementing that Article, the Appraisal Guide and the Internal Rules of Procedure of the Joint Evaluation Committee. The defendant also infringed the applicant's right to a defence and his right to an effective appeal procedure.
   The applicant is of the view, firstly, that his CDR is vitiated by manifest errors of assessment and a failure to state the grounds and, secondly, that the defendant has infringed the duty to have regard for the welfare of officials and the duty of sound administration.
   Lastly, the applicant alleges a misuse of powers, inasmuch as the appraisal of his performance as unsatisfactory is simply a means of attempting to remove him from his position as an investigator.