Notice for the OJ

 

Action brought on 19 December 2002 by Marta Andreasen against the Commission of the European Communities

    (Case T-385/02)

    Language of the case: English

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 19 December 2002 by Marta Andreasen, Brussels, Belgium, represented by Ian S. Forrester, QC.

The applicant claims that the Court should:

-annul the implied decision of the Commission rejecting the applicant's appeal against her removal from the post of Accounting Officer

-annul the implied decision of the Commission rejecting the applicant's appeal against her transfer to the post of Principal Adviser

-award her pecuniary damages for an amount of money to be fixed by the Court, plus interest at 5% or at such other rate as may be fixed by the Court

-award her the costs of the present action

Pleas in law and main arguments:

The purpose of the present action is to challenge the Decision to remove the applicant from office as Accounting Officer and Bugdet Execution Director in Directorate General Budget and to transfer her to the position of principal Adviser in Directorate General Personnel and Administration.

In support of her conclusions, the applicant submits:

-Breach of the principle of good administration. Failure to state reasons for the removal in question, and violation of the Commission's duty of adequate reasoning for adoption of a decision having legal effect.

- Breach of Article 50 of the Staff Regulations by using the applicant's transfer as a punitive measure, and

- Breach of Article 7 of the Staff Regulations through the adoption of a disproportionate and unnecessary measure, resulting in the applicant's appointment to a post that is not suited to her category and grade.

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