CELEX: C2001/317/60
Language: en
Date: 2001-11-10 00:00:00
Title: Case T-190/01: Action brought on 5 August 2001 by Vassilios Tsarnavas against the Commission of the European Communities

C 317/30               EN                     Official Journal of the European Communities                                    10.11.2001
Action brought on 8 August 2001 by Nicole Robert                         European Communities on 5 August 2001 by Vassilios
                 against European Parliament                             Tsarnavas, resident in Brussels, represented by Nicolas Lhoëst,
                                                                         lawyer, with an address for service in Luxembourg.
                         (Case T-186/01)
                         (2001/C 317/58)                                 The applicant claims that the Court should:
                   (Language of the case: French)                        —     annul the decision adopted by the Commission on
                                                                               21 September 2000 in that it decides that the applicant’s
An action against the European Parliament was brought before                   name should not be included on the list of grade A5
the Court of First Instance of the European Communities on                     officials considered the most deserving of promotion
8 August 2001 by Nicole Robert, of Strassen, Luxembourg,                       under the 1998 promotions procedure and, as a result,
represented by Alain Lorang, lawyer, with an address for                       that the applicant should not be promoted to grade A4
service in Luxembourg.                                                         under the 1998 promotions procedure;
                                                                         —     in so far as necessary, annul the Commission’s implied
The applicant claims that the Court should:                                    decision rejecting the complaint submitted by the appli-
—     annul the decisions taken by the Director-General of                     cant on 27 December 2000 under Article 90(2) of the
                                                                               Staff Regulations;
      Personnel on 26 November 1999 promoting certain
      other officials from grade B2 to grade B1, in that they
      were reached without opening or publishing vacant posts            —     consequently annul the 1998 A4 promotions procedure
      for principal assistants and with an incorrect comparison                with regard to the applicant;
      of the merits;
                                                                         —     order the defendant to pay all the costs of the action.
—     annul the decision of 23 May 2001 by which the President
      of the European Parliament rejected her complaint of
      29 February 2000;
                                                                         Pleas in law and main arguments
—     order the defendant to pay the costs.
                                                                         In support of his action, the applicant alleges a lack of
Pleas in law and main arguments                                          reasoning in the contested decision, breach of Articles 26, 43
                                                                         and 45 of the Staff Regulations and of the principles of equal
                                                                         treatment and sound administration and a manifest error of
The applicant, an official in grade B 2 at the Parliament,               assessment.
contests the Parliament’s decision not to include her amongst
the officials actually promoted by decision of the Director-
General of Personnel of 26 November 1999.
She alleges that the promotion system in force at the Parlia-
ment and the method used in order to apply it are unlawful.
She submits that the Parliament adopted a decision contrary
                                                                         Action brought on 5 August 2001 by Vassilios Tsarnavas
to Articles 4, 5, 7, second paragraph, 9 and 45 and Annex 1
                                                                           against the Commission of the European Communities
to the Staff Regulations. Moreover, because of the procedure
adopted by the Parliament, seniority prevails over merit,
contrary to Article 45 of the Staff Regulations, which can lead                                   (Case T-190/01)
to discrimination against officials who have obtained very high
marks in their staff reports in comparison with those who                                        (2001/C 317/60)
have obtained lower marks in their reports.
                                                                                            (Language of the case: French)
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
Action brought on 5 August 2001 by Vassilios Tsarnavas                   European Communities on 5 August 2001 by Vassilios
  against the Commission of the European Communities                     Tsarnavas, resident in Brussels, represented by Nicolas Lhoëst,
                                                                         lawyer, with an address for service in Luxembourg.
                         (Case T-188/01)
                         (2001/C 317/59)                                 The applicant claims that the Court should:
                   (Language of the case: French)                        —     annul the Commission decision of 29 September 2000
                                                                               not to uphold the appeal lodged by the applicant
An action against the Commission of the European Communi-                      contesting the list of names put forward for promotion
ties was brought before the Court of First Instance of the                     to grade A4 under the 2000 promotions procedure in
 ---pagebreak--- 10.11.2001            EN                      Official Journal of the European Communities                                      C 317/31
      that his name was not on that list and against the                 Pleas in law and main arguments
      Commission’s decision not to promote him to grade A4
      under the 2000 promotions procedure;
                                                                         The applicant disputes two decisions of the office responsible
—     annul any related and/or subsequent decision;                      for settling claims under the Joint Sickness Insurance Scheme
                                                                         refusing to reimburse at 100 % of the cost of certain medical
—     annul the Commission’s implied decision rejecting the              services that he submits are linked to the serious illness from
      complaint submitted by the applicant under Article 90(2)           which his wife is suffering. In support of his action he alleges
      of the Staff Regulations on 27 December 2000;                      breach of Article 72(1) of the Staff Regulations and manifest
                                                                         error of assessment.
—     annul the 2000 A4 promotions procedure with regard to
      the applicant;
—     order the defendant to pay all the costs of the action.
Pleas in law and main arguments
                                                                         Action brought on 28 August 2001 by Pierrette Dessy
                                                                           against the Commission of the European Communities
In support of his action, the applicant puts forward the same
pleas in law as in Case T-188/01.
                                                                                                  (Case T-199/01)
                                                                                                  (2001/C 317/62)
                                                                                            (Language of the case: French)
Action brought on 10 August 2001 by André Hecq against
       the Commission of the European Communities
                                                                         An action against the Commission of the European Communi-
                                                                         ties was brought before the Court of First Instance of the
                        (Case T-191/01)                                  European Communities on 28 August 2001 by Pierrette Dessy,
                                                                         resident in Ispra (Italy), represented by Olivier Slusny, lawyer,
                        (2001/C 317/61)                                  with an address for service in Luxembourg.
                   (Language of the case: French)
                                                                         The applicant claims that the Court should:
An action against the Commission of the European Communi-
                                                                         —     declare unlawful and annul the implied decision to reject
ties was brought before the Court of First Instance of the
                                                                               the applicant’s complaint of 30 January 2001;
European Communities on 10 August 2001 by André Hecq,
resident in Mondercange (Luxembourg), represented by Carlos
Mourato, lawyer, with an address for service in Luxembourg.              —     rule that the applicant has the right, in accordance with
                                                                               the provisions of Article 72 of the Staff Regulations, to
                                                                               100 % reimbursement for prescribed products;
The applicant claims that the Court should:
                                                                         —     order the Appointing Authority to pay all the costs.
—     annul the decisions of 13 October 2000 and 6 November
      2000 of the Brussels office responsible for settling claims
      as well as the implied decision of 12 May 2001 of the
      Appointing Authority;
                                                                         Pleas in law and main arguments
—     order the defendant to reimburse to the applicant the
      sum of 38,84 Euros plus default interest from 13 October
      2000;                                                              The applicant, a former Community official, presently in
                                                                         retirement, objects to the refusal of the administration to
—     order the defendant to reimburse to the applicant the              classify as reimbursable certain pharmaceutical products that
      sum of 26,51 Euros plus default interest from 6 Novem-             she needs for the treatment of a serious illness, within the
      ber 2000;                                                          meaning of Article 72(1) of the Staff Regulations, considering
                                                                         them to be ‘inefficacious’ as regards the condition from which
—     order the defendant to pay the costs of the case.                  she is suffering.