Notice for the OJ

 

Action brought on 6 December 2001 by Antonio Enrico Tatti against Commission of the European Communities

    (Case T-296/01)

    (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 6 December 2001 by Antonio Enrico Tatti, residing in Overijse (Belgium), represented by Lucas Vogel, lawyer.

The applicant claims that the Court should:

(annul the decision of the appointing authority of 16 August 2001 rejecting the complaint lodged by the applicant on 11 February 2001, challenging the decision of the appeal assessor of 21 November 2000 refusing to review the applicant's staff report;

(order the defendant to pay damages amounting to EUR 2 500;

(order the defendant to pay the costs.

Pleas in law and main arguments

In support of his claims, the applicant alleges infringement of Articles 5, 6 and 7 of the general provisions implementing Article 43 of the Staff Regulations inasmuch as the reporting procedure is irregular and in particular that the time-limit to which the administration should have adhered in drawing up the staff report was not observed. The applicant further claims infringement of Article 43 of the Staff Regulations, manifest error of assessment and breach of the principle of non-discrimination. According to the applicant, his staff report was drawn up taking account of arbitrary rules for reporting on staff which fettered subsequent reporting officers in their discretion.

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