CELEX: C1997/074/54
Language: en
Date: 1997-03-08 00:00:00
Title: Action brought on 24 January 1997 by Bruno Chauvin against the Commission of the European Communities (Case T-16/97)

8 . 3 . 97               EN                 Official Journal of the European Communities                                      No C 74/27
Action brought on 24 January 1997 by Bruno Chauvin                     only to newly recruited officials. In the applicant's view,
   against the Commission of the European Communities                  such a restriction on the temporal effects of the revocation
                           ( Case T-16/97)                             of the decision previously in force gives rise to inequalities
                                                                       in the treatment of officials appointed under the old rules .
                             ( 97/C 74/54 )
                                                                       It is precisely with a view to avoiding such discrimination
                   (Language of the case: French)                      that he is seeking the re-examination of his classification
                                                                       in grade . Consequently, the applicant once again asserts
An action against the Commission of European                           that there has been an infringement of Article 5 ( 3 ) of the
Communities was brought before the Court of First                      Staff Regulations.
Instance of the European Communities on 24 January
1997 by Bruno Chauvin, residing in Brussels, represented               Secondly, the applicant alleges that the appointing
by Nicolas Lhoest, of the Brussels Bar, with an address for            authority failed to observe its duty to have regard for the
service in Luxembourg at the offices of Fiduciaire Myson               welfare and interests of          officials, in that the defendant
Sari, 30 rue de Cessange .                                             failed to take account of        the applicant's personal interests
                                                                       following delivery of              the aforesaid judgment in
The applicant claims that the Court should:                            Alexopoulou and the              adoption of the decision of
                                                                       7 February 1996 . He points out in that regard that the
— annul the Commission's decision of 16 June 1996                      Commission has for a number of years taken the view that
     rejecting the applicant's request that it give                    judgments of the Community judicature establishing
     consideration to the possible application of Article 31           principles of general application in respect of classification
      ( 2 ) of the Staff Regulations,                                  in grade are to be applied retroactively.
— annul, in so far as may be necessary, the decision                   The applicant considers, in any event, that the contested
     adopted by the Commission implicitly rejecting the                decision is vitiated by the absence of any statement of
      applicant's complaint,                                           reasons and by a manifest error of assessment.
— order the defendant to pay all the costs .
                                                                       o [ 19951 ECR-SC 11-683 .
Pleas in law and main arguments adduced in support:
The applicant, a grade A 7 official in Directorate­
General VI (Agriculture ) whose appointment and
classification in that grade took place prior to 5 October
1995 , on which date the Court of First Instance                                  Removal from the register of T-78/95 (*)
delivered its judgment in Case T- 17/95 Alexopoulou v.                                              ( 97/C 74/55 )
Commission O , contests the refusal of the appointing
authority to re-examine, in the light of the principle                                 (Language of the case: English)
emanating from that judgment, the conditions in which
that classification was effected .                                     By order of 9 December 1996 the President of the Second
                                                                       Chamber ( extended composition ) of the Court of First
In support of his claims, he maintains, first of all, that             Instance of the European Communities has ordered the
there has been an infringement of Article 31 (2 ) of the               removal from the register of Case T-78/95 : NMB France
Staff Regulations, inasmuch as the general decision of                 Sari and Others v. Commission of the European
7 February 1996 , by which the Commission sought to                    Communities .
introduce into its administrative practice the grading
criteria arising from the aforesaid judgment, is applicable            ( ] ) OJ No C 119, 13 . 5 . 1995 .