CELEX: C2004/047/60
Language: en
Date: 2004-02-21 00:00:00
Title: Case T-404/03: Action brought on 16 December 2003 by A against the Court of Justice of the European Communities

21.2.2004               EN                         Official Journal of the European Union                                            C 47/31
Action brought on 16 December 2003 by A against the                        Action brought on 15 December 2003 by Nicolas Ravailhe
       Court of Justice of the European Communities                        against Committee of the Regions of the European Union
                          (Case T-404/03)                                                           (Case T-406/03)
                           (2004/C 47/60)
                                                                                                     (2004/C 47/61)
                    (Language of the case: French)
                                                                                               (Language of the case: French)
An action against the Court of Justice of the European
Communities was brought before the Court of First Instance
of the European Communities on 16 December 2003 by A,                      An action against the Committee of the Regions of the
represented by Clara Marhuenda, lawyer, with an address for                European Union was brought before the Court of First Instance
service in Luxembourg.                                                     of the European Communities on 15 December 2003 by
                                                                           Nicolas Ravailhe, residing in Amiens (France), represented by
                                                                           Jean Philippe Brodsky, lawyer.
The applicant claims that the Court should:
—     annul the two decisions adopted by the defendant, in its             The applicant claims that the Court should:
      capacity as appointing authority, on 10 April 2003 and
      6 June 2003 and, in so far as necessary, the decision of             —     order the defendant to reinstate the applicant in his post
      the defendant’s complaints committee of 16 September                       and restore his rights under the Staff Regulations as a
      2003 rejecting the applicant’s complaint;                                  member of the temporary staff of the Committee of the
                                                                                 Regions with effect from 1 March 2003, taking account
—     order the defendant to pay to the applicant EUR 1 as                       of his salary and allowances as a member of the temporary
      token damages for the non-material damage suffered;                        staff (March 2003-April 2003), subsequently as unem-
                                                                                 ployed (May 2003-October 2003) and of any other
—     order the defendant to pay the costs.                                      income received until he is actually reinstated;
                                                                           —     In the alternative, order the defendant to pay to the
                                                                                 applicant compensation in accordance with Article 47 of
Pleas in law and main arguments                                                  the Conditions of Employment of Other Servants of the
                                                                                 European Communities, namely three months’ salary and
Following several absences of the applicant, an official of the                  allowances as a member of the temporary staff in Grade
Court of Justice, on sick leave, the defendant, in its capacity as               A 7, step 3, together with default interest with effect from
appointing authority, referred the matter to an invalidity                       15 June 2003;
committee in order to determine whether the official could be
granted retirement on grounds of invalidity.                               —     order the defendant to pay to the applicant damages of
                                                                                 EUR 15 000 by way of compensation for the non-
                                                                                 material damage suffered;
The committee met on 9 April 2003 and decided that the
official was fit to return to duties, but proposed that the official       —     order the defendant to pay the costs.
be granted half-time working hours on medical grounds. By
letter of 10 April 2003, the Court of Justice called on the
applicant to return to work and granted authorisation for half-
time working until 6 June 2003 inclusive. By decision of
6 June 2003, the half-time working hours on medical grounds                Pleas in law and main arguments
was extended by 5 weeks and the applicant was requested to
return to work full-time on 14 July 2003.
                                                                           In support of his application, the applicant alleges infringement
                                                                           of Articles 2(b) and 8 of the Conditions of Employment of
By the present application, the applicant contests those two
                                                                           Other Servants of the European Communities and, in the
decisions, claiming that the opinion of the medical committee
                                                                           alternative, failure to observe the period of notice laid down in
on which they are based is vitiated by a defective statement of
                                                                           Articles 47 and 74 of those Conditions. Furthermore, he
reasons. The applicant further claims that at least two members
                                                                           alleges breach of the duty to have regard for the welfare of
of the committee did not have available all the information
                                                                           officials and the principles of legitimate expectations, sound
necessary in order to make a decision in full knowledge of the
                                                                           administration and the interests of the service.
case.