Notice for the OJ

 

Action brought on 21 September 2003 by Michael Cwik against Commission of the European Communities

    (Case T-331/03)

    (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 21 September 2003 by Michael Cwik, residing in Tervuren (Belgium), represented by Nicolas Lhoëst, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

(annul the Secretary General's decision of 31 October 2002 confirming unamended the applicant's staff report for the period 1 July 1999 to 30 June 2001;

(order the defendant to pay compensation of EUR 6 500;

(order the defendant to pay all the costs.

Pleas in law and main arguments

The applicant in this case challenges the appointing authority's refusal to amend his staff report for the period 1999/2001.

In support of his claims he puts forward the following arguments:

(that there was a breach of the pre-litigation procedure because, inter alia, the staff report in question was drawn up on the basis of two memos drafted by two of his former line managers. It is not clear whether the first of those two memos refers to the period concerned, while the second refers to matters taking place after that period. The Joint Committee on Staff Reports did not express an opinion on all the criticisms levelled by the applicant and he was not consulted beforehand;

(that there was in the circumstances of the case a manifest error of appreciation inasmuch as, on the one hand, the staff report at issue contains criticisms to which voice was never given at the material time, which are strongly contested and which are not borne out by any evidence and as, on the other, the defendant puts forward a problem which arose after the period covered by the report.

Lastly, the applicant alleges misuse by the Commission of its powers and mental harassment.

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