CELEX: C2002/202/63
Language: en
Date: 2002-08-24 00:00:00
Title: Case T-208/02: Action brought on 3 July 2002 by Lene Beier against Europol

24.8.2002             EN                        Official Journal of the European Communities                                     C 202/37
Action brought on 29 June 2002 by Vassilios Tsarnavas                      The applicant claims that the Court should:
    against Commission of the European Communities
                                                                           —     annul the decision of the Selection Board to exclude
                        (Case T-200/02)                                          the applicant from the competition following the pre-
                                                                                 selection tests, communicated by letter of 2 May 2002
                                                                                 admin. A2/5000LM — IT 001451 signed by Herik
                        (2002/C 202/61)                                          Halskov;
                   (Language of the case: French)                          —     annul all other subsequent and consequent decisions
                                                                                 which may be adopted by the Commission with regard
                                                                                 to the applicant’s exclusion from the competition in
                                                                                 question;
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                 —     order the Commission to pay the costs.
European Communities on 29 June 2002 by Vassilios Tsarna-
vas, residing in Brussels, represented by Nicolas Lhoëst, lawyer,
with an address for service in Luxembourg.
                                                                           Pleas in law and main arguments
The applicant claims that the Court should:
                                                                           The applicant in the present action contests the decision of the
—     annul the decision of the Commission of 13 March 2002                Selection Board not to admit the applicant to the written tests
      rejecting in part the complaint lodged by the applicant              in general competition COM/A/10/01 Section 01/Law for
      under Article 90(2) of the Staff Regulations so far as               having failed to obtain sufficient marks to be included among
      concerns his claim for compensation;                                 the 400 best candidates.
—     accordingly, order the Commission to pay him                         The applicant points out in that regard that, according to
      EUR 12 500 by way of compensation for the non-                       the notice of the abovementioned competition, only those
      material damage suffered by him;                                     candidates obtaining the 400 best marks in the pre-selection
                                                                           tests were to be admitted to the competition.
—     order the Commission to pay the costs.
                                                                           In support of his arguments, the applicants alleges:
Pleas in law and main arguments                                            —     unlawfulness of the notice of competition as contrary to
                                                                                 Articles 4 and 5 of Annex III to the Staff Regulations of
                                                                                 the European Community.
The applicant claims that he suffered damage as a result of the
infringement by the Commission of the General Provisions                   —     breach of the principles of sound administration, accord-
implementing Article 43 of the Staff Regulations inasmuch as                     ing to which the Commission must admit to the tests
the delay in drawing up his staff report is attributable to the                  only those candidates capable of meeting the conditions
Commission.                                                                      for admission set out in the notice.
Action brought on 9 July 2002 by Nicoletta Falcone                         Action brought on 3 July 2002 by Lene Beier against
    against Commission of the European Communities                                                      Europol
                        (Case T-207/02)                                                             (Case T-208/02)
                        (2002/C 202/62)                                                            (2002/C 202/63)
                   (Language of the case: Italian)                                            (Language of the case: Dutch)
An action against the Commission of the European Communi-                  An action against Europol was brought before the Court of
ties was brought before the Court of First Instance of the                 First Instance of the European Communities on 3 July 2002
European Communities on 9 July 2002 by Falcone Nicoletta,                  by Lene Beier, residing in The Hague (Netherlands), represented
represented by Massimo Condinanzi, lawyer.                                 by Maria Franciscus Baltussen and Pauline de Casparis, lawyers.
 ---pagebreak--- C 202/38               EN                      Official Journal of the European Communities                                     24.8.2002
The applicant claims that the Court should:                               The applicant claims that the Court should:
(1) annul the tacit rejection by Europol of the applicant’s               (1) annul the tacit rejection by Europol of the applicant’s
      complaint against the decision of 23 November 2001,                       complaint against the decision of 23 November 2001,
      and at the same time annul the contested decision of                      and at the same time annul the contested decision of
      23 November 2001;                                                         23 November 2001;
(2) order Europol, primarily, to award the applicant two                  (2) order Europol to award the applicant two additional
      additional salary increments, effective from 1 July 2001;                 salary increments, effective from 1 July 2001;
      alternatively, order Europol to award the applicant one
      additional salary increment, effective from 1 July 2001;            (3) order Europol to pay to the applicant, within 48 hours
(3) order Europol to pay to the applicant, within 48 hours                      after delivery of the judgment to be given in this case,
      after delivery of the judgment to be given in this case,                  what is due to him thereunder, together with interest at
      what is due to her thereunder, together with interest at                  the statutory rate prescribed by Netherlands law;
      the statutory rate prescribed by Netherlands law;
                                                                          (4) order Europol to indemnify the applicant in respect of
(4) order Europol to pay to the applicant, within 48 hours                      the costs of the proceedings.
      after delivery of the judgment to be given in this case, the
      sum of 1 000 euros by way of compensation for the non-
      material damage suffered by her;
                                                                          Pleas in law and main arguments
(5) order Europol to indemnify the applicant in respect of
      the costs of the proceedings.
                                                                          The applicant is employed at Europol. The contested decision
                                                                          adopted by the defendant did not award the applicant a salary
                                                                          increase to which he considers himself to be entitled.
Pleas in law and main arguments
                                                                          The applicant claims that the decision in question infringes
The applicant is employed at Europol. The contested decision
                                                                          Article 29 of the Europol Staff Regulations. According to the
adopted by the defendant did not award the applicant a salary
                                                                          applicant, the Management Board has failed to lay down the
increase to which she considers herself to be entitled.
                                                                          necessary rules for the award of salary increases in accordance
                                                                          with that article. The applicant further pleads that the Director
The applicant claims that the decision in question infringes              exceeded his discretionary powers, inasmuch as the decision-
Article 29 of the Europol Staff Regulations. According to the             making procedure does not satisfy the requirements of regard
applicant, the Management Board has failed to lay down the                for the welfare and interests of staff and of impartiality. Lastly,
necessary rules for the award of salary increases in accordance           the applicant pleads infringement of the principles of equal
with that article. The applicant further pleads that the Director         treatment and of the protection of legitimate expectations.
exceeded his discretionary powers, inasmuch as the decision-
making procedure does not satisfy the requirements of regard
for the welfare and interests of staff and of impartiality. Lastly,
the applicant pleads infringement of the principles of equal
treatment and of the protection of legitimate expectations.
                                                                                 Removal from the register of Case T-258/97 (1)
                                                                                                  (2002/C 202/65)
Action brought on 5 July 2002 by Andreas Mausolf
                         against Europol                                                     (Language of the Case: Italian)
                         (Case T-209/02)
                         (2002/C 202/64)                                  By order of 12 June 2002 the President of the Fourth Chamber
                                                                          of the Court of First Instance of the European Communities
                                                                          ordered the removal from the register of Case T-258/97:
                    (Language of the case: Dutch)
                                                                          Società Eridania SpA and Others v Council of the European
                                                                          Union.
An action against Europol was brought before the Court of
First Instance of the European Communities on 5 July 2002                 (1) OJ C 357 of 22.11.1997.
by Andreas Mausolf, residing at Leiden (Netherlands), rep-
resented by Maria Franciscus Baltussen and Pauline de Casparis,
lawyers.