Notice for the OJ

 

Action brought on 27 December 2001 by Colette di Marzio against Commission of the European Communities

    (Case T-335/01)

    (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 27 December 2001 by Colette di Marzio, residing in Ginasservis (France), represented by Georges Vandersanden Laure Levi, lawyers.

The applicant claims that the Court should:

(annul the decision of 18 July 2001, notified on 5 September 2001, annulling and replacing a decision of 4 January 2001 with the same purpose of transferring the applicant, within the same Directorate General (Directorate General for Personnel and Administration) from the External Security Unit in the Protocol and Security Services Directorate to the Information Systems and Informatics Infrastructure Unit of the Directorate General for Resources, entailing a change of place of work from Cadarache in France to Brussels, annul, in so far as necessary, the decision of 4 January 2001 and annul the decision rejecting the applicant's complaint, taken on 17 September 2001;

(order the defendant to pay damages with interest assessed, ex æquo et bono, provisionally, at EUR 25 000;

(order the defendant to pay the entire costs.

Pleas in law and main arguments

In support of her application, the applicant alleges disregard for the interests of the service, manifest error of assessment and breach of the principle to have regard for the welfare of officials and of the general principle of respect for privacy and family life. Finally, the applicant claims that the principle of good management and sound administration and the principle to have regard for the welfare of officials have been infringed. According to the applicant, the contested decision takes no account whatever of her personal interests and of her family situation. Nor was the transfer decided in the interests of the service. The applicant claims rather that her transfer is the result of a tussle over posts between the services concerned.

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