CELEX: C2002/247/25
Language: en
Date: 2002-10-12 00:00:00
Title: Case T-218/02: Action brought on 18 July 2002 by Daniela Napoli Buzzanca against the Commission of the European Communities

C 247/16                EN                      Official Journal of the European Communities                                   12.10.2002
The applicant further claims that there has been an infringe-              Pleas in law and main arguments
ment of the principle of equal treatment and argues that two
separate valuation methods are applied in the decision under
challenge. For the valuation of the shares which it was forced             The applicant, a grade A 3 official working in the External
to purchase, the decision applies a nominal price, which,                  Relations Directorate-General, is contesting the rejection by
however, according to the applicant, was much higher than                  the appointing authority of her application for the post of
the true value of the shares. For the valuation of the shares              director of Directorate B (Multilateral relations and human
which the applicant transferred to the Regional Authority for              rights).
Wallonia by way of payment, however, the decision applies
the real value of the shares, which at that time was considered
to be zero.                                                                In support of her claims, the applicant pleads:
                                                                           —     infringement of Articles 7, 27, 29(1)(a) and 45 of the
In conclusion, the applicant argues that there has been an
infringement of the principle that reasons must be given.                        Staff Regulations, breach of the principle that officials
                                                                                 should have reasonable career prospects and of the
                                                                                 principle of non-discrimination, and non-compliance
                                                                                 with the terms of the vacancy notice. She considers in
( 1) Council Regulation (EC) No 659/1999 of 22 March 1999 laying
                                                                                 that regard that, by omitting to carry out an examination
     down detailed rules for the application of Article 93 of the EC
     Treaty (OJ 1999 L 83 of 27.3.1999, pp 1 to 9).                              of the comparative merits of the candidates, the appoint-
                                                                                 ing authority ultimately took into consideration an
                                                                                 application for the post which manifestly failed to fulfil
                                                                                 the conditions laid down by the vacancy notice;
                                                                           —     non-compliance with the obligation to provide a state-
                                                                                 ment of reasons.
Action brought on 18 July 2002 by Daniela Napoli
Buzzanca against the Commission of the European Com-
                              munities
                          (Case T-218/02)
                                                                           Action brought on 22 July 2002 by Antonio Silva against
                         (2002/C 247/25)                                            Commission of the European Communities
                    (Language of the case: French)                                                    (Case T-220/02)
                                                                                                      (2002/C 247/26)
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                                     (Language of the case: French)
European Communities on 18 July 2002 by Daniela Napoli
Buzzanca, residing in Brussels, represented by Georges Vander-
sanden and Laure Levi, lawyers.
                                                                           An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
The applicant claims that the Court should:                                European Communities on 22 July 2002 by Antonio Silva,
                                                                           residing in Brussels, represented by Albert Coolen, Jean-Noël
—      annul the decisions of the appointing authority, probably           Louis and Etienne Marchal, lawyers.
       adopted on 30 January 2002, appointing Ms S. as
       director, in grade A 2, of Directorate B (Multilateral
       relations and human rights) of the External Relations               The applicant claims that the Court should:
       Directorate-General (RELEX) and rejecting the application
       of the applicant for that post;                                     —     annul the decision of the Commission not to promote
                                                                                 the applicant to Grade A 4 in the 2001 promotions
—      order the defendant to pay damages assessed, as at the                    procedure, as evidenced by the publication in Adminis-
       date of the action and subject to possible increase, in the               trative Information No 72/2001 of 14 August 2001 of
       sum of 23 213,96 euros;                                                   the list of officials promoted to that grade;
—      order the defendant to pay all the costs.                           —     order the defendant to pay the costs.