CELEX: C2004/035/10
Language: en
Date: 2004-02-07 00:00:00
Title: Judgment of the Court of First Instance of 27 November 2003 in Joined Cases T-331/00 and T-115/01: Laurence Bories and Others v Commission of the European Communities (Civil service — Temporary staff within the meaning of Article 2(d) of the Conditions of Employment of Other Servants — Vacancy notices for permanent posts paid from research and investment appropriations — Rejection of candidatures of temporary staff — Interest of the service — Limitation of the contracts of temporary staff to a maximum term of three years — Withdrawal of vacancy notices — Interest of the service — Misuse of powers — Claims for damages)

7.2.2004                 EN                        Official Journal of the European Union                                              C 35/7
                                                        COURT OF FIRST INSTANCE
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                —     in the alternative, annulment of those vacancy notices;
                                                                           —     compensation for the loss suffered by the applicants;
                      of 27 November 2003
                                                                           and, in Case T-115/01, for:
in Joined Cases T-331/00 and T-115/01: Laurence Bories
and Others v Commission of the European Communi-                           —     annulment of the decision of the authority authorised to
                               ties (1)                                          conclude contracts to annul the recruitment procedures
                                                                                 initiated by the publication of post vacancy notices COM/
                                                                                 R/5526/00 of 24 February 2000 (Mrs Bories’ case), COM/
(Civil service — Temporary staff within the meaning of                           R/5889/99 of 21 December 1999 (Mr Chemin’s case),
Article 2(d) of the Conditions of Employment of Other                            COM/R/5520/00 of 24 February 2000 (Miss Copes’ case),
Servants — Vacancy notices for permanent posts paid from                         COM/R/5863/99 of 26 November 1999 (Mr Mondini’s
research and investment appropriations — Rejection of                            case), COM/R/5521/00 of 24 February 2000 (Miss Preis-
candidatures of temporary staff — Interest of the service —                      sler’s case), COM/R/5638/00 and COM/R/5639/00 of
Limitation of the contracts of temporary staff to a maximum                      16 March 2000 (Mrs Bertolo’s case), COM/R/5645/00 of
term of three years — Withdrawal of vacancy notices —                            20 March 2000 (Mr Brovelli’s case), and COM/R/5646/
Interest of the service — Misuse of powers — Claims for                          00 of 20 March 2000 (Mrs D’Elia’s case);
                              damages)
                                                                           —     annulment of post vacancy notices COM/R/5734/00 of
                           (2004/C 35/10)                                        23 June 2000 (Mr Chemin’s case), and COM/R/5735/00
                                                                                 (Mr Mondini’s case) and of the decisions made in the
                                                                                 course of those two recruitment procedures;
                    (Language of the case: French)
                                                                           —     compensation for the loss suffered by the applicants,
                                                                           the Court of First Instance (Fifth Chamber), composed of
                                                                           R. García-Valdecasas, President, P. Lindh and J.D. Cooke,
In Joined Cases T-331/00 and T-115/01: Laurence Bories,
                                                                           Judges; Registrar: I. Natsinas, Administrator, has given a
residing at Vallon-Pont-d’Arc (France), Philippe Chemin, resid-
                                                                           judgment on 27 November 2003, of which the operative part
ing at Gif-sur-Yvette (France), Laura Copes, residing at Ispra
                                                                           is as follows:
(Italy), Emanuele Mondini, residing at Gavirate (Italy), Helen
Preissler, residing at Siegsdorf (Germany), former temporary
staff of the Commission of the European Communities,                       1)    In Case T-331/00 the decisions of 16 March 2000 rejecting
represented by G. Vandersanden and L. Levi, lawyers, appli-                      Mrs Bories’ candidature, of 3 February 2000 rejecting Mr Che-
cants in Cases T-331/00 and T-115/01, Francesca Bertolo,                         min’s candidature, of 17 March 2000 rejecting Miss Copes’
residing at Varese (Italy), Lionello Brovelli, residing at Angera                candidature, of 17 January 2000 rejecting Mr Mondini’s
(Italy), Maria Gabriella D’Elia, residing at Taino (Italy), former               candidature and of 16 March 2000 rejecting Miss Preissler’s
temporary staff of the Commission of the European Commun-                        candidature, are annulled.
ites, represented by G. Vandersanden and L. Levi, lawyers,
applicants in Case T-115/01, against Commission of the                     2)    In Case T-115/01:
European Communites (Agents: in Case T-331/00, J. Currall
and in Case T-115/01, J. Currall and D. Waelbroeck) —
application, in Case T-331/00, for:                                              —     the decision of 30 May 2000 withdrawing vacancy notice
                                                                                       COM/R/5526/00, for which Mrs Bories applied, is
                                                                                       annulled;
—     annulment of the decisions of the authority authorised to
      conclude contracts, of 16 March 2000 (Mrs Bories’ case),
                                                                                 —     the decision of 30 May 2000 withdrawing vacancy notice
      of 3 February 2000 (Mr Chemin’s case), of 17 March
                                                                                       COM/R/5889/99, for which Mr Chemin applied, is
      2000 (Miss Copes’ case), of 17 January 2000 (Mr
                                                                                       annulled.
      Mondini’s case), and of 16 March 2000 (Miss Preissler’s
      case), not to consider the applicants’ candidatures for the
      posts stated to be vacant by post vacancy notices COM/               3)    In Joined Cases T-331/00 and T-115/01:
      R/5526/00 of 24 February 2000 (Mrs Bories’ case), COM/
      R/5889/99 of 21 December 1999 (Mr Chemin’s case),                          —     the Commission shall pay Mrs Bories the sum of
      COM/R/5520/00 of 24 February 2000 (Miss Copes’ case),                            EUR 11 929 (eleven thousand nine hundred and twenty-
      COM/R/5863/99 of 26 November 1999 (Mr Mondini’s                                  nine) as compensation for the material damage and the
      case), and COM/R/5521/00 of 24 February 2000 (Miss                               sum of EUR 1 (one) as compensation for the non-
      Preissler’s case);                                                               material damage suffered;
 ---pagebreak--- C 35/8                   EN                          Official Journal of the European Union                                              7.2.2004
      —     the Commission shall pay Mr Chemin the sum of                    (Luxembourg), represented by G. Bounéou and F. Frabetti,
            EUR 29 592 (twenty-nine thousand five hundred and                lawyers, with an address for service in Luxembourg, against
            ninety-two) as compensation for the material damage and          Commission of the European Communities (Agents: J. Currall
            the sum of EUR 1 (one) as compensation for the non-              and C. Berardis-Kayser) — application for the annulment of
            material damage suffered;                                        the decision adopting the definitive staff report of the applicant
                                                                             for the period running from 1 July 1995 to 30 June 1997 —
      —     the Commission shall pay Miss Copes the sum of EUR 1             the Court of First Instance (Fourth Chamber), composed of
            (one) as compensation for the non-material damage                V. Tiili, President, P. Mengozzi and M. Vilaras, Judges; I. Natsin-
            suffered;                                                        as, Administrator, for the Registrar, gave a judgment on
                                                                             5 November 2003, in which it:
      —     the Commission shall pay Mr Mondini the sum of
            EUR 5 000 (five thousand) as compensation for the
            material damage and the sum of EUR 1 (one) as                    1.    Dismisses the application.
            compensation for the non-material damage suffered;
      —     the Commission shall pay Miss Preissler the sum of               2.    Orders the parties to bear their own costs.
            EUR 11 929 (eleven thousand nine hundred and twenty-
            nine) as compensation for the material damage and the
            sum of EUR 1 (one) as compensation for the non-                  (1) OJ C 84 of 6.4.02
            material damage suffered;
      —     the Commission shall pay Mrs Bertolo the sum of EUR 1
            (one) as compensation for the non-material damage
            suffered;
      —     the Commission shall pay Mr Brovelli the sum of EUR 1
            (one) as compensation for the non-material damage
            suffered;                                                            JUDGMENT OF THE COURT OF FIRST INSTANCE
      —     the Commission shall pay Mrs D’Elia the sum of EUR 1
            (one) as compensation for the non-material damage                                      of 18 November 2003
            suffered.
4)    The remainder of the action in Case T-115/01 is dismissed.             in Case T-13/02: Falk-Ulrich von Hoff v European Parlia-
                                                                                                            ment (1)
5)    The Commission shall bear its own costs and pay the costs
      incurred by the applicants in Case T-331/00.
                                                                             (Officials — Temporary staff — Installation allowance —
6)    The Commission shall bear its own costs and pay three-quarters              Change in place of employment — Default interest)
      of the costs incurred by the applicants in Case T-115/01.
7)    The applicants in Case T-115/01 shall bear a quarter of their                                     (2004/C 35/12)
      own costs.
                                                                                                (Language of the case: German)
(1) OJ C 372 of 23.12.00 and OJ C 227 of 11.8.01.
                                                                             In Case T-13/02: Falk-Ulrich von Hoff, a member of the
                                                                             temporary staff of the European Parliament, residing in Berlin-
    JUDGMENT OF THE COURT OF FIRST INSTANCE                                  Wittenau (Germany), represented by B. Wägenbaur, lawyer,
                                                                             against European Parliament (Agents: J. de Wachter and
                        of 5 November 2003                                   U. Rösslein) — application for, first, annulment of the decision
                                                                             of the European Parliament of 17 April 2001, refusing to grant
in Case T-326/01: Giorgio Lebedef v Commission of the                        the applicant an installation allowance in connection with the
                    European Communities (1)                                 change in his place of employment and, second, an order that
                                                                             the European Parliament pay to the applicant an installation
(Officials — Staff report — Exercise of activities as staff                  allowance amounting to two months’ basic salary, together
representative and union activities — Action for annulment)                  with interest at 8 % from the date of the application — the
                                                                             Court of First Instance (Fifth Chamber), composed of R. García-
                           (2004/C 35/11)                                    Valdecasas, President, J.D. Cooke and P. Lindh, Judges; I. Natsi-
                                                                             nas, administrator, for the Registrar, gave a judgment on
                     (Language of the case: French)                          18 November 2003, in which it:
In Case T-326/01: Giorgio Lebedef, official of the Commission                1.    Annuls the decision of the Parliament of 17 April 2001
of the European Communities, residing in Senningerberg                             refusing to grant the applicant an installation allowance;