CELEX: C2002/131/41
Language: en
Date: 2002-06-01 00:00:00
Title: Case T-81/02: Action brought on 18 March 2002 by Margot Wagemann-Reuter against the Court of Auditors of the European Communities

C 131/22               EN                      Official Journal of the European Communities                                      1.6.2002
Action brought on 18 March 2002 by Margot Wagemann-                       Pleas in law and main arguments
Reuter against the Court of Auditors of the European
                           Communities
                                                                          The applicant pleads infringement of Article 40(4)(d) of the
                                                                          Staff Regulations of Officials, asserting that the defendant did
                                                                          not reinstate her in the post which fell vacant following the
                          (Case T-81/02)                                  upgrading to grade LA 4 of LA 5 posts within the German
                                                                          section of the Language Service of the Court of Auditors, and
                                                                          did not even examine the possibility of reinstating her in that
                                                                          post.
                         (2002/C 131/41)
                    (Language of the case: French)
                                                                          Action brought on 25 March 2002 by Armand De Buck
                                                                            against the Commission of the European Communities
                                                                                                   (Case T-84/02)
An action against the Court of Auditors of the European
Communities was brought before the Court of First Instance
of the European Communities on 18 March 2002 by Margot                                            (2002/C 131/42)
Wagemann-Reuter, residing in Luxembourg, represented by
Marc-Albert Lucas, lawyer.                                                                   (Language of the case: French)
                                                                          An action against the Commission of the European Communi-
The applicant claims that the Court should:                               ties was brought before the Court of First Instance of the
                                                                          European Communities on 25 March 2002 by Armand De
                                                                          Buck, residing at Koersel (Belgium), represented by Lucas
—    annul the implicit decision of the Court of Auditors                 Vogel, lawyer, with an address for service in Luxembourg.
     rejecting, on 22 May 2001, her request of 18 January
     2001 for reinstatement following her leave on personal
     grounds;                                                             The applicant claims that the Court should:
                                                                          —     annul the decision adopted by the appointing authority
—    annul the Court of Auditors’ decision of 12 December                       on 14 December 2001 rejecting the complaint lodged by
     2001 rejecting her administrative complaint of 14 August                   the applicant on 19 May 2001, by which he contested
     2001 against the first contested decision and the defend-                  the decision of 20 February 2001 making definitive the
     ant’s refusal to reinstate her in the LA 4 post of head of                 provisional decision of 1 July 1999 refusing to recognise
     translation unit which was vacant at the end of 2000 or                    as an occupational disease the disease of the blood
     the beginning of 2001 within the German section of the                     suffered by the applicant;
     Language Service, or at least to consider her suitability
     for the post in question;                                            —     annul the said decisions of 20 February 2001 and 1 July
                                                                                1999;
—    order the defendant to pay her, by way of compensation               —     order the defendant to pay the costs.
     for the damage to her career prospects resulting from the
     illegality of the contested decisions, a sum corresponding
     to the total remuneration which she would have received              Pleas in law and main arguments
     had she been reinstated in that post, together with interest
     at the annual rate of 8 % from the date on which those
     sums would have become due until payment thereof in                  In support of his claim, the applicant pleads infringement of
     full;                                                                Article 73(1) of the Staff Regulations and of Article 3 of the
                                                                          Rules on the insurance of officials of the European Communi-
                                                                          ties against the risk of accident and of occupational disease.
—    order the defendant to pay her, by way of compensation               According to the applicant, the Commission committed a
     for the non-material damage suffered by her as a result of           manifest error of assessment, inasmuch as it based its decision
     the illegality of the contested decisions, the sum of                on medical documents the reasoning contained in which is
     2 500 euros, evaluated on a fair and reasonable basis;               vitiated by contradictions and incorrect assessments, arising
                                                                          from an erroneous analysis of the facts duly established.
—    order the defendant to pay the costs.