Notice for the OJ

 

Action brought on 10 December 2001 by Jean-Paul François against Commission of the European Communities

    (Case T-307/01)

    (Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 10 December 2001 by Jean-Paul François, residing in Wavre (Belgium), represented by Anne Colson, lawyer.

The applicant claims that the Court should:

(annul, in so far as necessary, the opinion of the Disciplinary Board of 9 March 2000;

(annul the decision of the appointing authority of 5 April 2001 relegating the applicant in step;

(annul the decision of the appointing authority of 10 September 2001 rejecting the complaint lodged by the applicant;

(uphold the application for damages and order the Commission to pay to the applicant EUR 37 500, subject to increase or decrease as may be decided in the course of proceedings, as compensation for the economic and non-material damage suffered;

(order the Commission to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant claims infringement of the provisions of the Staff Regulations governing disciplinary proceedings, as well as manifest error of assessment. According to the applicant, his rights of the defence have not been observed, in particular because he has not been given full access to the file. Furthermore, certain charges against the applicant have not, in his view, been fully substantiated. Finally, the applicant alleges breach of the principle of non-discrimination and breach of legitimate expectations.

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