CELEX: C1999/281/37
Language: en
Date: 1999-10-02 00:00:00
Title: Case T-159/99: Action brought on 7 July 1999 by Bjarne Christiansen against the Court of Auditors

2.10.1999              EN                     Official Journal of the European Communities                                      C 281/19
Pleas in law and main arguments                                          — declare that the applicant has been suffering from total
                                                                             permanent invalidity, making it impossible for him to
                                                                             carry out the duties corresponding to a post in his career
The applicant entered the service of the General Secretariat of              bracket, from 23 September 1998, the date of his request
the Council as a grade C 5 official on 1 November 1995.                      that he be treated as suffering from invalidity, or such
During the 1998 promotions procedure, the list of officials                  other date as the Court may determine;
eligible for promotion and the number of posts to be filled by
way of promotion were published by Staff Notice No 140/98                — order that an expert medical opinion be sought in order to
on 5 November 1998. Amongst the 124 officials eligible for                   determine whether the applicant is suffering from total
promotion from grade C 5, the applicant was in 43rd place in                 invalidity;
order of seniority, out of all the grade C 5 officials having
the requisite seniority under the Staff Regulations. Upon                — make such ruling as to costs as may be appropriate.
completion of the work of the advisory committee on category
C promotions, a list of officials proposed for promotion to
                                                                         Pleas in law and main arguments
grade C 4, containing 38 names was sent to the appointing
authority, which decided to act on it. The applicant’s name did
not appear on that list.                                                 By note dated 23 September 1998 the applicant submitted a
                                                                         request for the grant to him of an invalidity pension. In
                                                                         consequence of that request, the administration of the Court
In support of her application, the applicant pleads:                     of Auditors referred the matter to the Invalidity Committee,
                                                                         which concluded that the applicant was not suffering from
— infringement of Article 25 of the Staff Regulations and                any complaint which could be regarded as total permanent
     failure to provide statement of reasons;                            invalidity making it impossible for his to perform his duties.
                                                                         The appointing authority of the Court of Auditors, noting that
— infringement of Article 45 of the Staff Regulations;                   decision, rejected his request that he be retired on grounds of
— failure properly to carry out the promotions procedure;                invalidity.
— failure to observe the principle of equal treatment; and               In support of his application, the applicant maintains:
— manifest error of assessment.                                          — that his current state of health shows that the sick leave
                                                                             proposed by the Invalidity Committee has not brought
                                                                             about an improvement in his health;
                                                                         — that the various medical certificates obtained from several
                                                                             specialists show that the treatment received at the Mondorf
                                                                             health spa has had no palpable result, that no significant
                                                                             improvement is to be expected in the applicant’s physical
                                                                             condition and moreover, that, from an osteoarticular and
                                                                             spinal standpoint, the applicant needs beyond all doubt to
Action brought on 7 July 1999 by Bjarne Christiansen                         be retired from his duties on grounds of invalidity;
                 against the Court of Auditors
                                                                         — that the decision of the Invalidity Committee should be
                                                                             reviewed, having regard to a new medical certificate dated
                         (Case T-159/99)                                     10 May 1999 concluding that the treatment has not
                                                                             improved the applicant’s muscular condition.
                         (1999/C 281/37)
                   (Language of the case: French)
An action against the Court of Auditors was brought before               Action brought on 8 July 1999 by Gunnar Svantesson
the Court of First Instance of the European Communities on                 and Others against the Council of the European Union
7 July 1999 by Bjarne Christiansen, residing at Nittel (Ger-
many), represented by Alain Lorang, of the Luxembourg Bar,                                       (Case T-160/99)
with an address for service in Luxembourg at his Chambers,
51 Rue Albert 1er.                                                                               (1999/C 281/38)
The applicant claims that the Court should:                                                 (Language of the case: French)
— find that new factors have arisen since the Invalidity
     Committee adopted its decision on 30 October 1998;                  An action against the Council of the European Union was
                                                                         brought before the Court of First Instance of the European
— declare that the action brought by the applicant against               Communities on 8 July 1999 by Gunnar Svantesson, Monica
     the decision of the European Court of Auditors of 7 April           Hägg and Lena Hellsten, residing in Brussels, represented by
     1999, by which it rejected the complaint lodged against             Marc-Albert Lucas, of the Liège Bar (Belgium), with an address
     the decision adopted by the appointing authority of the             for service at the offices of Fiduciaire Myson SARL 30 Rue de
     Court of Auditors on 26 November 1998, is well founded;             Cessange.