CELEX: C1998/258/70
Language: en
Date: 1998-08-15 00:00:00
Title: Action brought on 30 June 1998 by Tania Trigari-Venturin against the Translation Centre for Bodies of the European Union (Case T-98/98)

15.8.98               EN                Official Journal of the European Communities                                 C 258/39
In the applicant's view, the notice of competition breaches        breached its obligations by failing to provide her with the
the principle of equal treatment, inasmuch as it excludes          working environment and support necessary in order to
from participation in the selection procedure officials            enable her satisfactorily to complete the tasks assigned to
possessing experience equivalent to that offered by                her.
officials who, at the time of publication of the notice of
competition, were employed in posts similar to the posts           The report prepared in relation to the applicant at the
to be filled.                                                      expiry of her probationary period is vitiated by a manifest
Lastly, the applicant argues that the contested decision is        error of assessment, inasmuch as it concerns duties
vitiated by a complete absence of any relevant statement           completely different from those for which she was
of reasons enabling him to consider whether it was                 recruited.
justified and permitting the Community judicature to
exercise it powers of review.                                      According to the applicant, the defendant has breached
                                                                   the rights of the defence and has committed an abuse of
                                                                   process, since it is only the Centre itself which is
                                                                   competent to adopt a decision dismissing a person and the
                                                                   decision adopted by the Director alone is therefore illegal.
                                                                   Finally, the defendant has not respected the notice periods
Action brought on 30 June 1998 by Tania Trigari-                   laid down by the Conditions of Employment of Other
Venturin against the Translation Centre for Bodies of              Servants and by the signed contract of employment
                     the European Union                            binding the parties.
                        (Case T-98/98)
                         (98/C 258/70)                             As regards the compensation claimed, the defendant's
                                                                   conduct has placed the applicant in a position of
                (Language of the case: French)
                                                                   uncertainty and has caused her to suffer concrete material
An action against the Translation Centre for Bodies of             damage, since she has been deprived of part of the
the European Union was brought before the Court of                 unemployment benefits to which she is entitled.
First Instance of the European Communities on 30 June
1998 by Tania Trigari-Venturin, residing at Sandweiler
(Luxembourg), represented by Jean-NoeÈl Louis, VeÂronique
Leclercq, Ariane Tornel and FrancËoise Parmentier, of the
Brussels Bar, with an address for service in Luxembourg at
the offices of Fiduciaire Myson SARL, 30 Rue de                           Removal from the register of Case T-229/95 (1)
Cessange.
                                                                                           (98/C 258/71)
The applicant claims that the Court should:
                                                                                   (Language of the case: Italian)
Ð annul the decision of the Translation Centre for Bodies
     of the European Union of 9 October 1997 dismissing
     the applicant with effect from 31 October 1997;               By order of 16 June 1998, the President of the Fourth
                                                                   Chamber (Extended) of the Court of First Instance of the
Ð order the defendant to pay to the applicant the token            European Communities has ordered the removal from the
     sum of one euro by way of compensation for the non-           register of Case T-229/95: Telecom Italia Mobile SpA v
     material damage suffered by her, together with                Commission of the European Communities.
     compensation for the material damage suffered by her
     in the estimated sum of BFR 500 000, subject to               (1) OJ C 46 of 17.2.1996.
     increase or decrease during the course of the
     proceedings;
Ð order the defendant to pay default interest on all sums
     due pursuant to the judgment to be given, calculated
     at the rate of 8 % per annum from the date on which
     the social benefits to which the applicant is entitled               Removal from the register of Case T-128/97 (1)
     became due until the date of payment;                                                 (98/C 258/72)
Ð order the defendant to pay the costs.
                                                                                  (Language of the case: French)
Pleas in law and main arguments adduced in support:
                                                                   By order of 17 June 1998 the President of the Second
The applicant considers that, by adopting its decision to
                                                                   Chamber of the Court of First Instance of the European
dismiss her, the defendant infringed Articles 9 and 10 of
                                                                   Communities has ordered the removal from the register of
the Conditions of Employment of Other Servants and
                                                                   Case T-128/97: Lars Bösche v European Parliament.
breached the principle that a person's grade should be
consistent with the duties to be performed by that person,
in that it assigned to the applicant tasks of a higher level       (1) OJ C 212 of 12.7.1997.
than those for which she had been recruited, and failed to
draw up a rider to her contract. The defendant further