Notice for the OJ

 

Action brought on 28 June 2002 by "N" against Commission of the European Communities

    (Case T-198/02)

    (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 June 2002 by "N", represented by Nicola Lhoëst, lawyer.

The applicant claims that the Court should:

(annul the decision of the Commission of 25 February 2002 imposing on the applicant the penalty provided for in Article 86(2)(f) of the Staff Regulations, namely removal from post without loss of entitlement to pension;

(annul any connected and/or subsequent decision;

(order the Commission to pay to the applicant EUR 12 500 by way of compensation for non-material damage;

(order the Commission to pay the entire costs.

Pleas in law and main arguments

The applicant was found guilty of a number of criminal offences by the Cour d'Appel, Brussels. However, that court ordered a suspended sentence of 5 years subject to a number of conditions in order to avoid affecting the applicant's civic status.

Subsequently, in view of the seriousness of the offences, the Commission removed the applicant from his post without loss of entitlement to pension.

In support of his arguments, the applicant alleges lack of a statement of reasons and breach of the rights of the defence. Moreover, the applicant claims that the disciplinary measure is disproportionate to the seriousness of the effect of his conduct on the institution and his work. Finally, the applicant alleges infringement of Article 7 of Annex IX to the Staff Regulations.

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