Notice for the OJ

 

Action brought on 14 October 2002 by Michel Soubies against Commission of the European Communities

    (Case T-325/02)

    (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 14 October 2002 by Michel Soubies, residing in Brussels, represented by Albert Coolen, Jean-Noël Louis and Etienne Marchal, avocats.

The applicant claims that the Court should:

(annul the decision of 26 November 2001 of the Secretary General of the Commission posting the applicant, as A 3 adviser ad personam, to Unit SG/F.2 "Institutional matters";

(order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, an official in Grade A 3, is challenging the decision of the appointing authority to appoint him adviser ad personam in Unit SG/F.2 "Institutional matters", where the head of unit was appointed in Grade A 5.

In support of his claims, he alleges:

(breach of the obligation to state reasons;

(breach of the procedure for filling middle-management posts, infringement of Articles 4, 5, 27 and 29 of the Staff Regulations and breach of the principles of good management and sound administration and of the principle that officials should have reasonable career prospects.

In that regard, the applicant takes the view that, having failed to adopt general rules authorising the reversal of management duties, the Secretary General improperly adopted the contested decision. The duties actually carried out by the applicant since the adoption of that decision are moreover manifestly inferior to those normally carried out by an official in Grade A 3.

____________