CELEX: C1995/137/69
Language: en
Date: 1995-06-03 00:00:00
Title: Action bought on 13 March 1995 by Carmen Gómez de Enterría y Sanchez against the European Parliament (Case T-82/95)

No C 137/30             EN                   Official Journal of the European Communities                                    3 . 6 . 95
      different construction entails a breach of the principles         The applicant claims that the Court should :
      of legal certainty and of the protection of legitimate
      expectations.
                                                                        — annul the decision of the President of the European
                                                                            Parliament of 19 December 1994 retiring her, pursuant
      The applicant also maintains that there can be no                     to Article 50 of the Staff Regulations, from her post as
      doubts whatever concerning the manner in which,                       Director General of Translation and General Services,
      despite all the legal , economic and social circumstances
      existing at the time and despite its inexperience and the
      almost total lack of instructions and guidelines , the            — annul any previous implied decision retiring the
      training operation fulfilled all the objectives laid down.            applicant pursuant to Article 50 of the Staff
      The applicant finds it unacceptable that in these                     Regulations,
      circumstances it can be penalized for failure, as alleged
      in the contested decision, to deal with certain
                                                                        — annul the implied and/or express decision of the
      procedural matters, which, incidentally, it was not                   appointing authority rejecting the applicant's complaint
      required to do .                                                      submitted on 21 February 1995 ,
      The applicant considers , finally, that in view of the
      period of time that has already elapsed — the contested           — reinstate the applicant in her post or in a similar post
      decision was taken about eight years after the                        corresponding to her grade and duties, with payment of
      procedure was initiated — and above all in view of the                any arrears of salary due on the actual date of the
      manifest impossibility of reconstituting all the facts,               retirement until reinstatement, together with interest at
      testimony and documents relating to the action carried                the rate of 8 % per annum,
      out, and given that the period of time that elapsed
      represented considerable damage to the applicant, the             — order the defendant to pay the costs .
      contested decision should be annulled for breach of the
      principles of legal certainty and of the protection of
      legitimate expectations and for the Commission 's                 Pleas in law and main arguments adduced in support:
      failure to comply with the principle of proper
      administration and the duty of care .
                                                                        The applicant contests the decision of the President of the
( b ) The applicant further considers that the contested                European Parliament retiring her, pursuant to Article 50 of
      decision should be annulled , in so far as it relates to the      the Staff Regulations, from her post as Director General of
      'expenditure not approved in the initial request', on the         Translation and General Services .
      grounds of infringement of acquired rights and of the
      inadequacy of the reasons given for the Commission's              She claims first that Articles 7, 25 , 27 and 60 of the Staff
      decision which approved the initial request submitted .           Regulations, and also the general principles of equality and
      The contested decision should also be annulled, in so             distributive justice, have been infringed, in that the
      far as it relates to the expenditure indicated under the          contested decision was not adopted in the interests of the
      headings ' functioning and management of courses —                service, that concept having been replaced by the alleged
      teaching staff', 'preparation of courses ', 'equipment            expediency involved in having to take account of the
      and non-durable goods ' and ' normal depreciation', for           enlargement of the European Union, and in that it is not
      failure to give any reasons for the reductions decided            apparent from the contested measure that the facts in
      upon .                                                            question were seriously and scrupulously examined .
                                                                        Secondly, the applicant submits that the contested decision
                                                                        does not meet the requirements with regard to stating
                                                                        reasons, laid down in the second paragraph of Article 25 of
                                                                        the Staff Regulations , and that it is also vitiated by a
Action bought on 13 March 1995 by Carmen Gomez de                       manifest error of assessment and by misuse of powers .
     Enterria y Sanchez against the European Parliament
                          ( Case T-82/95 )                              She also considers that the defendant institution has
                            ( 95/C 137/69 )                             infringed Article 50 of the Staff Regulations in that it
                                                                        decided not to assign her to another post corresponding to
                 (Language of the case: French)                         her grade and duties . Such a consequence cannot be the
                                                                        automatic result of that provision. Furthermore, with
                                                                        respect to her career, her merits and her age, the
An action against the European Parliament was brought                   administration has failed in its duty to have regard for her
before the Court of First Instance of the European
                                                                        interests and has failed to respect the expectation she
Communities on 13 March 1995 by Carmen Gomez de                         entertained that the institution would ensure that her career
Enterrfa y Sanchez, residing in Luxembourg ( Grand Duchy                would follow a normal course .
of Luxembourg ), represented by Eric Boigelot, of the
Brussels Bar, with an address for service in Luxembourg at
the    Chambers       of Louis      Schiltz,  2   Rue    du   Fort
Rheinsheim .