Notice for the OJ

 

Action brought on 28 May 2002 by José Pedro Pessoa e Costa against Commission of the European Communities

    (Case T-166/02)

    (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 28 May 2002 by José Pedro Pessoa e Costa, residing in Lisbon, represented by Jean-Noël Louis, Etienne Marchal and Albert Coolen, lawyers.

The applicant claims that the Court should:

(annul the decision of the Commission of 3 July 2001 to bring disciplinary proceedings against him;

(annul the decision of the appointing authority to reject the request submitted on 6 July 2001 by the Director of the EMCDDA to transfer him to the EMCDDA, pursuant to Article 29(1)(c) of the Staff Regulations;

(order the defendant to pay the costs.

Pleas in law and main arguments

The applicant requested, upon returning from a period of unpaid leave, to be transferred to the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). The transfer was refused by the Commission because disciplinary proceedings had been instituted against the applicant following charges laid by the Portuguese authorities.

In support of his application, the applicant claims that the decision to initiate disciplinary proceedings against him infringes the fifth paragraph of Article 88 of the Staff Regulations. Furthermore, the applicant pleads breach of the principle that innocence must be presumed and infringement of Article 87 of the Staff Regulations, the rights of the defence and the findings of the Heads of Administration No 103 J/77.

The applicant claims, finally that the decision refusing to transfer him to the EMCDDA is unlawful inasmuch as it is based on a decision which is itself unlawful, namely the decision to initiate disciplinary proceedings.

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