CELEX: C1997/252/76
Language: en
Date: 1997-08-16 00:00:00
Title: Action brought on 11 June 1997 by Albano Moncada against the Commission of the European Communities (Case T-178/97)

16 . 8 . 97          EN                   Official Journal of the European Communities                              No C 252/35
First, the applicant alleges misuse of powers and abuse of           He pleads infringement of Article 23 of the Rules of
process, because the series of employment contracts or of            Procedure of the Commission of 17 February 1993 , since
contracts for the supply of services concluded with a series         he was automatically entitled and required to deputize for
of companies is unlawful, inasmuch as the contractual                his hierarchical superior during the latter's absences, in
terms were defined, not according to the needs of the                particular on 16 and 20 August 1996 . According to the
service, but with the sole aim of evading the application of         applicant, the contested decision was therefore adopted
the provisions of the Staff Regulations or other rules.              wilfully and in disregard of the steps taken by the
Those contracts must be regarded as concluded with an                applicant to ensure that his rights were respected.
agent covered by the Staff Regulations and/or the                    Moreover, such conduct represents a flagrant breach of
Conditions of Employment of Other Servants.                          the Commission's duty to have regard for his interests as
                                                                     one of its officials .
The second plea alleges breach of the duty to have regard
for the welfare and interests of officials, the duty to              His second plea alleges infringement of Article 25 of the
provide assistance and breach of the principle of                    Staff Regulation, on the ground that the Commission
protection of legitimate expectations, and also                      failed to provide a reasoned statement informing the
infringement of Article 3 of the European Convention on              applicant of the factors on the basis of which the merits of
                                                                     the contested decision could be assessed .
Human Rights, inasmuch as the Commission failed to
take action when the applicant requested its help .
                                                                     As regards the claim for compensation, the applicant
                                                                     maintains that he has suffered non-material damage, since
Last, the applicant assesses her non-material damage                 for nearly two years he has been in a state of uncertainty
caused by those infringements and failures at the symbolic           as to the future of his career.
sum of ECU 1 .
                                                                     Action brought on 17 June 1997 by Huguette Meyer and
Action brought on 11 June 1997 by Albano Moncada                     others against the Court of Justice of the European
                                                                                               Communities
   against the Commission of the European Communities
                                                                                            ( Case T-181/97)
                       ( Case T-l 78/97 )
                                                                                              ( 97/C 252/77 )
                         ( 97/C 252/76 )
                                                                                     (Language of the case: French)
                (Language of the case: French)
                                                                     An action against the Court of Justice of the European
An action against the Commission of the European                     Communities was brought before the Court of First
Communities was brought before the Court of First                    Instance of the European Communities on 17 June 1997
Instance of the European Communities on 11 June 1997                 by Huguette Meyer, residing at Mamer ( Luxembourg ),
by Albano Moncada, residing in Luxembourg, represented               Ines Bruno, residing in Luxembourg, Alba Muller di
by Jean-Noel Louis, Thierry Demaseure and Ariane                     Leonardo, residing at Mersch ( Luxembourg), Maria da
Tornel, of the Brussels Bar, with an address for service in          Paz Gomes, residing in Luxembourg, and Leonor Araujo,
Luxembourg at the offices of Fiduciaire Myson Sari, 30               residing at Strassen ( Luxembourg ), represented by Jean­
Rue de Cessange.                                                     Noel Louis, Ariane Tornel and Fran?oise Parmentier, of
                                                                     the Brussels Bar, with an address for service in
                                                                     Luxembourg at the offices of Fiduciaire Myson Sari , 30
The applicant claims that the Court should:                          Rue de Cessange .
— annul the decision of 12 August 1996 directing a                   The applicants claim that the Court should:
     colleague of the applicant to deputize for his
     hierarchical superior during the latter's absences on 16        — annul the decisions expressly rejecting their requests
     and 20 August 1996,                                                  for reimbursement of the sums wrongly deducted in
                                                                          respect of household grants,
— order the Commission to pay to the applicant the                   — order the defendant to reimburse to them all sums
     token sum of ECU 1 ,                                                 wrongly deducted and to pay interest thereon at the
                                                                          rate of 8 % per annum from the date when each
— order the Commission to pay the costs .                                 deduction was made until the date of reimbursement,
                                                                     — order the defendant to pay the costs.
 Pleas in law and main arguments adduced in support:
                                                                      Pleas in law and main arguments adduced in support:
 The applicant, a grade A 4 official, contests the decision
 of his Head of Unit directing a colleague of the applicant           The applicants, whose spouses work in the Luxembourg
 to deputize for the Head of Division E-3 during the                  banking sector, state that up until June 1996 the defendant
 latter's absences on 16 and 20 August 1996 .                         deducted, pursuant to Article 67 ( 2 ) of the Staff