Notice for the OJ

 

Action brought on 22 April 2003 by Antoinette Pascucci against Europol

    (Case T-127/03)

    Language of the Case: Dutch

An action against Europol was brought before the Court of First Instance of the European Communities on 22 April 2003 by Antoinette Pascucci, represented by P. de Casparis and M.F. Baltussen.

The applicant claims that the Court should:

1.Set aside Europol's dismissal on 13 January 2003 of the complaint lodged by the applicant against the decision of 30 September 2002 and at the same time annul the decision of 30 September 2002;

2.Order Europol to extend the applicant's contract of employment to 1 July 2005 under the same conditions as obtaining hitherto;

2.Order Europol to pay the costs of the present proceedings.

Pleas in law and main arguments:

The applicant has been working for the defendant since 1 July 1999. Her contract of employment expires on 1 July 2003. The applicant requested that her contract be extended for a further four years. The defendant, however, decided to extend her contract for only one year. The applicant has challenged that decision.

In support of her application, the applicant first of all argues that there has been an infringement of the principle that reasons must be given.

The applicant goes on to argue that the defendant has exceeded the bounds of its discretion. The defendant had adopted premisses, policy rules and a plan of action with a view to ensuring that contracts would be extended in an unambiguous and transparent manner. In the applicant's view, the defendant exceeded the bounds of its discretion when applying those rules.

The applicant submits further that there has been a breach of the duty of care and an infringement of the principle of equality.

The applicant concludes by contending that the defendant has misused its powers. She submits that the defendant allowed itself to be influenced by other, unlawful grounds when it took its decision.

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