Notice for the OJ

 

Action brought on 8 September 2003 by Valérie Wiame against the Commission of the European Communities

    (Case T-308/03)

    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 8 September 2003 by Valérie Wiame, residing in Enghien (Belgium), represented by S. Orlandi, A. Coolen, J. Louis and E. Marchal, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court of First Instance should:

1.Annul the Commission's decision of 22 July 2002 laying down the detailed rules for the engagement of the applicant as a member of the temporary staff on the ground that the contract was unlawfully based on Article 2(b) of the Conditions of Employment of Other Servants of the European Communities for a fixed period from 1 July 2002 to 31 March 2003 inclusive;

2.    Order the defendant to pay the costs.

Pleas in law and main arguments:

The applicant worked for the Commission as a member of its temporary staff until 31 March 2002. The applicant states that, in the light of specific assurances from her superiors as to the renewal of her contract, she continued to perform the permanent duties assigned to her in the European public service from 1 April 2002 to 30 June 2002.

On 22 July 2002, the Commission drew up a new contract as a member of the temporary staff for the period from 1 July 2002 to 31 March 2003 inclusive. That contract was based on Article 2(b) of the Conditions of Employment of Other Servants of the European Communities ('the Conditions').

As a result of the applicant's complaint, the Commission paid her a sum equal to three months' basic salary by way of compensation, but refused to give her a contract for an indefinite period pursuant to Article 2(a) of the Conditions.

In support of her application the applicant alleges breach of Articles 2 and 8 of the Conditions, breach of the principle of legitimate expectations and breach of the duty to have regard for the welfare of officials.

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