CELEX: C2003/007/44
Language: en
Date: 2003-01-11 00:00:00
Title: Case T-324/02: Action brought on 18 October 2002 by Hans Mc Auley against Council of the European Union

C 7/22                EN                       Official Journal of the European Communities                                    11.1.2003
The applicant claims that the Court should:                               The applicant claims that the Court should:
—     annul the decision of the Registrar of the Court of Justice         —     annul the decision of 30 January 2002 of the Director
      to award the applicant 0.58 promotion points in respect                   General of Directorate General A of the Council to
      of 1998 and to award only one promotion point per year                    terminate the procedure under Article 29(1)(a) of the
      in respect of 1999 and 2000;                                              Staff Regulations to fill the post of Language Adviser in
                                                                                the English and Irish Language Division and to proceed
—     order the defendant to pay the costs.                                     to the next stage, namely the organisation of an internal
                                                                                competition under Article 29(1)(b);
                                                                          —     order the Council to pay to the applicant the sum of
Pleas in law and main arguments                                                 EUR 10 000 000 by way of compensation for material
                                                                                and non-material damage;
The applicant is challenging the decision of the appointing
authority to award her 0.58 promotion points in respect of                —     order the defendant to pay the costs.
1998 and to award her only one promotion point per year in
respect of 1999 and 2000.
                                                                          Pleas in law and main arguments
The applicant claims that no staff report has been drawn up
for her throughout the period in which she worked for the
defendant as a member of the temporary staff, that is to say              By judgment of 14 June 2001 in Case T-230/99, the Court
from 1 June to 30 November 1998. Nor was any report                       of First Instance annulled the decisions of the Council of
drawn up in her respect during her probation period (from                 15 December 1998 appointing Ms K to the post of language
1 December 1998 to 31 August 1999). Consequently, only                    adviser in the English Language Division and rejecting the
the analytical assessments in the staff report for the period             candidature of the applicant for the said post. The Council
from 1 September 1999 to 31 December 2000 were taken                      appealed that judgment. The appeal was held manifestly
into consideration, which prevented the appointing authority              inadmissible by order of the Court of Justice of
from taking account of the applicant’s ‘merits’ as set out in the         13 December 2001.
general assessment and in the reporting officer’s observations.
                                                                          The applicant claims that, in consequence of that judgment,
In support of her claims, the applicant alleges:                          the Council was obliged to re-examine his application for the
                                                                          post in question. By failing to carry out such re-examination,
—     infringement of Article 45 of the Staff Regulations;                the Council has, in the applicant’s view, infringed Article 233
                                                                          of the EC Treaty. The applicant further alleges manifest error
—     infringement of paragraph 5 of the ‘Instructions relatives          of assessment and misuse of powers.
      aux promotions’ appended to the decision of the Court
      of 18 October 2000;
—     manifest error of assessment in the present case.
                                                                          Action brought on 30 October 2002 by Nordspedizionieri
                                                                          Danielis Livio & Co., a partnership between Livio Danielis
                                                                          and Domenico D’Alessandro, in liquidation, against Com-
                                                                                      mission of the European Communities
Action brought on 18 October 2002 by Hans Mc Auley
            against Council of the European Union
                                                                                                  (Case T-332/02)
                        (Case T-324/02)
                                                                                                   (2003/C 7/45)
                         (2003/C 7/44)
                                                                                            (Language of the case: Italian)
                   (Language of the case: French)
                                                                          An action against the Commission of the European Communi-
An action against the Council of the European Union was                   ties was brought before the Court of First Instance of the
brought before the Court of First Instance of the European                European Communities on 30 October 2002 by Nordspedi-
Communities on 18 October 2002 by Hans Mc Auley, residing                 zionieri Danielis Livio & Co., a partnership between Livio
in Wezembeek-Oppem (Belgium), represented by Albert Cool-                 Danielis and Domenico D’Alessandro, in liquidation, represent-
en, Jean-Noël Louis and Étienne Marchal, avocats.                         ed by Gregorio Leone, lawyer.