CELEX: C2004/217/47
Language: en
Date: 2004-08-28 00:00:00
Title: Case T-205/04: Action brought on 8 June 2004 by Alessandro Ianniello against the Commission of the European Communities

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/26
            
         Action brought on 8 June 2004 by Alessandro Ianniello against the Commission of the European Communities
   (Case T-205/04)
   (2004/C 217/47)
   Language of the case: French
   An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 8 June 2004 by Alessandro Ianniello, residing at Brussels, represented by S. Rodrigues and Y. Minatchy, lawyers, with an address for service in Luxembourg.
   The applicant claims that the Court should:
   
               —
            
            
               annul the decision of the appointing authority (AIPN) of 18 February 2004 replying to Mr Alessandro Ianniello's complaint, and annul the career evaluation report established with regard to him for the period from 1 July 2001 to 31 December 2002;
            
         
               —
            
            
               declare that the European Community is liable extra-contractually because of the contested decision and the late establishment of the career evaluation report concerning the applicant for the period from 1 July 2001 to 31 December 2002;
            
         
               —
            
            
               award the applicant damages for the loss suffered, in the sum of EUR 5 000;
            
         
               —
            
            
               order the defendant to pay all the costs.
            
         Pleas in law and main arguments:
   This action is brought against the AIPN's decision of 18 February 2004 rejecting the applicant's complaint seeking the reconsideration of his career evaluation report for the period from 1 July 2001 to 31 December 2002, by which it was not considered necessary to open an administrative enquiry on certain documents produced to the Joint Evaluation Commission of the RELEX Directorate General.
   In support of his claims, the applicant relies on breach of certain essential procedural requirements, such as the rights of the defence, the administration's duty of impartiality and the duty to state reasons for its decisions.
   In addition, the contested decision disregarded the applicant's right to protection of his personal data, the duty to have regard to the interests of officials and the principle of good administration.