CELEX: C1995/315/41
Language: en
Date: 1995-11-25 00:00:00
Title: Action brought on 28 September 1995 by Giuseppe Calo against the Committee of the Regions (Case T-179/95)

25 . 11 . 95           EN                 Official Journal of the European Communities                                No C 315 /21
Similarly, Article 65 ( 2 ) of the Staff Regulations provides        possible for potential candidates from other Community
that, in the event of a substantial change in the cost of living,    institutions to learn of the notice in question until after the
measures must be taken within two months to adjust the               time limit for the submission of applications had expired or,
weightings . Furthermore, the Community legislature has              at best, until a few hours before its expiry .
provided that the annual adjustment of remuneration must
be decided before the end of each year and must take effect          The applicant pleads :
from 1 July in that year . The legislature has thus permitted        — misuse of powers, together with breach of the principle
the Council to adjust the remuneration of officials only once            of equality of treatment and non-discrimination
in each year, if appropriate with retroactive effect . On the            between officials,
other hand , it has prescribed a particularly short time limit
for the adoption by the Council of the measures necessary in         — infringement of Article 25 of the Staff Regulations ,
order to eliminate any variation between the purchasing                  inasmuch as, although the decision rejecting the
power of officials . According to the applicants, that degree            application of the applicant was taken on 5 December
of leeway is understandable, inasmuch as that adjustment                  1 994 , it was only communicated to him by the defendant
cannot, in accordance with Article 85 of the Staff                       institution by letter dated 10 February 1995 , which
Regulations, result in a reduction of remuneration .                     contained no statement of reasons whatever, which was
                                                                         stamped 13 February 1995 and which was not brought
Thus, by adopting the contested Regulation with retroactive              to the knowledge of the applicant until 16 February
effect, the Council has disregarded the principles of the                 1995 , and
protection of legitimate expectations, of equality of
treatment, of non-discrimination between officials and of            — infringement of Article 45 of the Staff Regulations , in
established rights .                                                     that the appointing authority did not examine the
                                                                         comparative merits of the candidates, as it was required
                                                                         to do under that provision .
Action brought on 28 September 1995 by Santo Picciolo
            against the Committee of the Regions                     Action brought on 28 September 1995 by Giuseppe Calo
                        ( Case T-178/95 )                                          against the Committee of the Regions
                          ( 95/C 315/40 )                                                     ( Case T- 179/95 )
                                                                                                ( 95/C 315/41 )
                (Language of the case: French)
                                                                                       (Language of the case: French)
An action against the Committee of the Regions was
brought before the Court of First Instance of the European           An action against the Committee of the Regions was
Communities on 28 September 1995 by Santo Picciolo ,                 brought before the Court of First Instance of the European
residing at Itzig ( Luxembourg), represented by Jean-Noel            Communities on 28 September 1995 by Giuseppe Calo,
Louis, Thierry Demaseure and Ariane Tornel, of the                   residing in Luxembourg, represented by Jean-Noel Louis ,
Brussels Bar, with an address for service in Luxembourg at           Thierry Demaseure and Ariane Tornel , of the Brussels Bar,
the offices of Fiduciaire Myson Sari, 1 Rue Glesener .               with an address for service in Luxembourg at the offices of
                                                                     Fiduciaire Myson Sari , 1 Rue Glesener.
The applicant claims that the Court should:
                                                                     The applicant claims that the Court should :
— annul the decisions rejecting the application of the
                                                                     — annul the decisions rejecting the application of the
     applicant for post Cdr/1/94 as Head ( A2 ) of the                    applicant for post Cdr/1 /94 as Head ( A2 ) of the
     Directorate for the Registry, Administration and the
                                                                          Directorate for the Registry, Administration and the
     Budget of the Committee of the Regions and appointing                Budget of the Committee of the Regions and appointing
     another person to that post,                                         another person to that post,
— order the defendant to pay the costs .                              — order the defendant to pay the costs .
 Pleas in law and main arguments adduced in support:                  Pleas in law and main arguments adduced in support:
 The applicant, an official of the European Parliament,               The applicant, an official of the European Parliament,
 contests the manner in which the procedure for appointing a          contests the manner in which the procedure for appointing a
 Head of Administration and the Registry of the Committee             Head of Administration and the Registry of the Committee
 of the Regions has been conducted .                                  of the Regions has been conducted .
 He states that the notice of vacancy in respect of that              The pleas in law and main arguments are the same as those
 appointment was drawn up by the service headed by the                in Case T-178 /95 Santo Picciolo v. Committee of the
 successful candidate , who was, moreover, chosen in                  Regions .
 advance . Because the time limit for the submission of
 applications was deliberately foreshortened, it was not