Notice for the OJ
Action brought on 1 March 2004 by Guido Strack against the Commission of the European Communities
(Case T-85/04)
(Language of the case: German)
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 1 March 2004 by Guido Strack, Wasserliesch (Germany), represented by J. Mosar, Rechtsanwalt.
The applicant claims that the Court should:
- set aside the reporting procedure for the years 2001 to 2002 so far as the applicant is concerned;
- set aside the report made in his regard (REC/CDR) - including the view expressed by his previous hierarchical superior and the decision of the appointing authority (R/432/03) of 24 November 2003 - for the period from 1 July 2001 to 31 December 2002;
- Order the defendant to pay all costs relating to the proceedings.
Pleas in law and main arguments:
In support of his application, the applicant first pleads that the report concerning him is stored in electronic form in the new computer system of the Commission's personnel division and thus constitutes a parallel personal file which infringes Article 26 of the Staff Regulations. The use of the new computer system also contravenes the requirement in Article 25 of the Staff Regulations that documents be in written form.
The applicant submits further that the reporting procedure infringes Article 43 of the Staff Regulations, Article 8 of the Commission Decision of 26 April 2002 on general implementing provisions for Article 43, the principle of equality, the prohibition of discrimination, the duty to state reasons and the prohibition of arbitrary action. The requirement that legitimate expectations be protected, the "patere legem quam ipse fecisti" rule, the Commission's duty to protect the interests of its officials, the audi alteram partem rule and the principles of fair administrative procedure have also been infringed by the contested reporting procedure, including the appeal proceedings brought by the applicant.
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